Middlebury register. (Middlebury, Vt.) 1886-1937, 1890-10-10

am inclined TO the opinion that every person so
arrested and found guilty of INVESTIGATION
should, in addition to the usual fine of five dol
lars. be sentenced to Imprisonment in the house
OF correction for period of thirty DAYS: and
that a discretionary power be vested in the
magistrate to withhold the execution of such
sentence OF imprisonment, when, in his opinion.
the witness has without equivocation or eva
sion, disclosed as the statute requires Sucb n
sentence may at first seem harsh and uncaled
Tor: he Intoxicated person has usually been
looked upon more as an unfortunate victim of
appetite than as a violator of law: but when IL
appears that to his misfortune he has deliber-
ately joined the the crime of perjury, all will
admit that he has passed from the realm of
pity. and should be vigorously dealt with.
With such a discretionary power lodged in the
magistrate, there can be no fear that a simple
unfortunate inebriate will suffer from the in
creased penalty.
CHANCERING OF BONDS.
Another avenue of escape through which
guilty men escape the penalty of Imprisonment
ana the other penalties provided by the law
for a violation of the same is that of forfeit
ing the condition of bonds given for their ap-
pearance tor trial and afterwards through
their bondsmen, making application to the
court 10 CHANGER the same.
Section ,I63 of the Revised Laws provides
that such suretes may file motion to CHANGER.
and that the court may hear the parties and
render judgment. This may be a humane pro-
vision IN some classes of cases, but that it has
resulted Ill uls;tStef IN Its application to cases
arising under the statute relating to intoxi-
eating drinks can not be denied. Under our
present system the presiding Judge in our
county courts comes to each county not oftener
than once IN two years. lie is not acquainted
with the men brought before him. Plausible
statements are made respecting the reason why
the respondent failed to take trial His
bondsmen mot infrequently the counsel ma king
the statement is one of them make pitiful ar-
peals Tor relief. and it often happens that n
man who should have been imprisoned for his
crime not only escapes that disgrace by the
payment OF money, but by the payment of a
sum grossly inadequate to the measure of his
offence. The extent to which this evil has
proceeded may be illustrated by calling atten-
ton to two or three instances that have been
brought to my notice of the exercise of this
discretionary power on the part of the courts
At a recent term in one of our counties a man
stood as respondent in three criminal prosecu-
tons under the liquor acts. He forfeited his
bail IN each OF them. and so avoided trials and
convictions. The states attorney. as in duty
bound, caused writs of Scire f1cids to issue
against the respondent and his bondsmen. which
were entered at the next term of court In
each OF these cases motion to CHANGER was
filed. In the mean time the respondent had
continued ms unlawful traffic. and at the last
named term vi court Was ol,icted i'm three
distinct cases in which he WAS charged with
illegal sales. In face of the fact that he was
an old offender and that since the forfeitu. of
the bonds. us aforesaid, he had persistenty
before
whom he was convicted chancered the bonds
forfeited at the previous term. reducing them
from the sum of four hundred dollars 10 the
sum OF thirty dollars. Thus encouraged this
man rs, | am informed. still conducting most
profitable business. Another man. also n we'll
known violator of the law. was convicted nj a
single term OF court under two charges of
maintaining nuisance. and one charge growing
out ot the disclosure of an intoxicated person (:
yet, in the face of established guilt the court
CnauCertd bonds ed bvt .
vlous term from the sum of four hundr dol
lars to the sum of twenty dollars. a.d the
respondent continues his business with an as
surance of undistuIbed peace After a full
consideration of this subject. | am satisfied
that the right to CHANGER bonds given in liuIlor
cases should be taken from the court. In other
classes Of crime there is not so much danger
that the proofs against the respondent can. or
will be. dissipated by delay of six months
and IT III such cases the bondsmen produce
their principal i'll court there is equity in their
claim that they should be relieved of the opera
non OF the bond. the condition of which has
been bro ken; but in ordinary liquor cases ex-
perlence has proved that a delay of six months
ordinarily results i'll an acquittal. and even
though the bondsmen surrender their PRINCIPAL
alter such forfeiture. or he be brought in ON a
bench warrant issued by the court, proofs of
his guilt have become wanting that he
usually goes free. or is let off on trifling pen
atty. Let the bonds be enforced and am sat
ished that the practice of forfeting them will
must be followed by imprsonment and certain
others where the business is so prosperous that
the respondent Is willing to pay the amount of
the bond Tor an opportunity to continue it
another SIX months. In this connection | COM
mend to the consideration of the general assem-
bly, the fact that in the United States courts
the power to CHANGER bonds given by way of
recognizance is not recognized by statute. nor
by the published rules of practice and | feel
confident that "A denial Of this RIGHT to our
tba
laws OF the state, will aid materially in the adj
ministration of justice and will work no wrong
to any individual.
NUISANCE ACT.
Another obstacle, and one to my mind one
OF the most serious to the successful enforce
ment OF the law, is the construction that some
of the judges of supreme court have placed
upon the so-called nuisance act a statute bet
ter suited to the purpose of really closing the
saloon than any other now found in the volume
OF our laws. Section 1886 of the Revised
Laws provides that every saloon. restaurant
grocery, cellar, shop, billiard-room, bar-room
and every drinking place or room used as n
place OF resort. where Intoxicating liauor is
unlawfully sold, furnished or given away. or
kept for selling, furnishing or giving away un-
lawfully, and every place room resorted to
Tor gambling shall be held to be a common
nuisance, occupied in violation of law" Sub
segment sections OF the statute provide that
when there has been any violation of the law
IN any one of the places named in the section
quoted the court shall adjudse such place to
be common nuisance, and the same shall be
shut up and abated by order of the court. and
the officer serving such order is directed to
post on the " door or main entrance " 10 such a
place notice that the same is closed and
such place can not thereafter be opened by the
person convicted until he files "A bond that he
will not again engage in the unlawful traffic
1t the parties engaged in hquor-selling or
gambling never occupied but one room i'm SO
doing there would be little difficulty in fol-
lowing the statute and in closing places of that
character; but in almost every instance when a
person is about to engage in liquor-sellng. he
opens what is called a grocery. in which he
keeps a stock of goods which age can not tar
n'sh, and in addition to the room where the
goods are kept, and connected Herewith. he