Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1890-11-06

dTTOF
have placed upon the act a narrower construc,
ton than the one indicated, and have construed
the word /" place. as used IN that and subse-
oueut sections. to mean the particular room in
which the violation of the law was committed:
This construction has rendered the statute OF
little or no practical effect in suppressiug
nuisances.
In support Of this statement permit me to
call your attention TO a few OF the many IN
stances which have come TO my know ledge IN
the application of the law. In one of the VII
lagos of state a man occupied tour rooms
in conducting his business. The only MAN en-
trance TO them leads from the street directly
into the largest room in which were billiard
tables Out Of this room opened three smaller
rooms. He was brought into court charged
with maintaining a nuisance in the building IN
which said rooms were situate and hled plea
of guilty in which he described the nuisance as
:" the room at the right of the entrance to the
billiard room on the trst floor OF the Duilo-
ing described in the indictment, when plea
was accepted by the court The room so ad-
judged nuisance was one OF the smaller ones
opening out of the billiard room, and when that
was closed by order of the court, all the re-
spondent had do was to move his bar INTO one
of the other small rooms, and carry on his NE
gal traffic as freely as he had done before.
Another person who was indicted for maintain
ing a nuisance occupied rooms ON the hrst hoor
of a business block and the cellar underneath
the same He was well-known yiolator OF
the law A search of the premises was made,
but matters had been so well attended TO That
Tho co,,,t accented ! nlea of guilty which de-
scr;bsd the nn;sance as a room in one corner of
a. oalla,. .,nd ole on order closing said room
hut leav;nc iii the rooms above mentioned I'M
affected by the Judgment. Possibly another
instance will aid in showing the insufiiceney
of this statute when construed as above midi
court CHARGED with maintaining nuisance
tn ,l,as es business consisted of at least four
.a,,,,p tha min and oniv entrance TO which
Id d;rectlv from the street INTO the room
where he Kent groceries. Connected with this
,,a,,, Nv doars vera other rooms. in one of
-,h;ob sos Eant a weIl-eouipned bar Others
mine ~ en ,ro and sor incl Ina search
s s,a,,,;sns Syb;oh had evidently been
VI .heoe - eii n.' 49, e..,l ao,,ataJ =, tba
anu nfIoi Voc t;lad nlaa az
luei ROM 20 .;n.a;n,o 1p" nuisance in The room
guilty OF MAINTAINING nuisance ~ vi IL ~.
last named; whcn piea was accep.eu ny tne
court, ana tne MAJESTY ol .ne iaw 's5ai,aJ
tanned by closing ,he respohuene "peusn,
while ne was ieit 10 give hear.{ "o III 49,
his patrons IN the rooms where Ihey h1u peen
accustomed TO be received. ~ mas peeh claiilleu,
and with some reason thaV II tnhs coistruellon
OF the statute pc carried puV NIUE lul.ner
the interior OF the jug VIII DC ueeneu 4
place and declared nuisance III WHICH
case the order OF the court viii DE posIeu upon
the cork, and the remaining jugs IN the same
closet remain unaiiecte Dy the oruer.
In calling attention 10 tnese cases py way oi
i illustration DO not INTEND 10 cast any renee.
ton upon the courts issuing sucn orders, put
do it TO call attention TO the peculiar phrassoi-
ogy OF the statutes Wmcn permit such oruo,s
TO be made. when orders nave orousht riuicuio
upon the courts and have rendered attempts 70
enforce an otherwise effective statute 1arclcal.
Added to this diflculty IS another that grows
out OF the provision permitting tne place au-
judged nuisance to be opened by the owner
when he has sled the bond prescribed py law
by reason Of tine pracuce peiore noticeu sucn
bonds usually cover only one Oh the several
rooms occupied by the dealer, so 5hat ne may
20 " rouna OF ms apartments anu upon oaen
y he9nvict'1ns Flve llesn Donu, anu ~ u,.'i
ne humDer OF DIS coh'icuohs se9 u IA ai1 num-
'er OF nus rooms tnere + no heed .hss ne VIC
':os - eaat;aa aisn 49,, =;
49, 49, 49, 49,, 49,, ia = oasa
,I.s.ss. ~, 49, 1900 ,yhara tha bond yaa
~ A. ,ot nratenJ 70 sav where Az
&c., -. I .;mnl,. knou, that in General
.ncb : bond 4. ~ No practical nse in restrain
! - a.. ra,.tx .ix;ng the same from further
at;on ~ az l.| and The result Is that
nan may continue in business in SUBSTANTIALLY
~ sa,,,o No. 49, aftar vaar tbougb he ha
,on,;ctad Am. Alter fine IN the same court.
have in mind ths case az one man who has
,aen in hrs;pe~. IN nreciselv the same rooma
IN three or fonr wears That his place, tbongh
,allsd : orocery e n saloon Is a matter az
,nbI;c notoriety He was once indicted for
naintaining = nuisance and, not caring 10 take
trial forf.;ted his bonds Az tbe Following
ey,,, ~ corrt ~ additional prosecutions nnder
ba nn;sanc. .ct and one for iIlepal sales were
,end;n~ aoainst him in all Of which he was
,onv;cted Sir months later there were nend-
no AGAINST him four different nrosecutions in
he same court' sne for maintaining q nuisance
mo Cor ;Ilsg,l ..le. ona for lxeen;ng ,vitb in
emit to sell. and one on the disclosure of per-
on found intoxicated, all Of which cases were
continued to the next term on account of the
ickness Of the respondent. Twelve months
alter this same man was in the same court
harged with maintaining a'nuisance and had
i've other prosecutions pending against him.
lie pleaded guilty to maintaining a nuisance,
tut the court limited the operation of its order
o a store room mentioned in the plea, while
he other cases were continued. AT the fol-
owing term the same man was in court, again
harged with maintaining a nuisance upon the
anne premises and was convicted, but only one
{ the four rooms occupied by him was affected
y the order 50, year after year, in precisely
no O. ma. rnoy,,s This man has pona On narzist-