The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1890-10-09

have ie@gFa ulHh fian Az \ uaist~tf eenrINe
tu4 thsa the sa's indicated Ai.d hsss construed
sls word F,lse, a. used Ia that and sas'se-
.,asni safsiSns. 70 mean the particular F'stn ~
WINCH .hs rtolMiinB "a the Va. ~-s esta,aiits-i
This ss.,ssrasiioo has wondered the statute II
lisiis &c &c practical eiiect an SURPRISING
buik&auss.
Ia snfgars q this statesmen, permit me 10
call yaaf attention 10 few u ihs many ~.
siaaess shsah have eon1t w my kn0s ledge ~
ths appileAsian a this As, Ia ore a the val
iagss II aaf state, nlsn occupied iaaf rsrofns
n candariimg h,s businoss. Tbs only iUaln en-
trAsce 70 lhatn leads irun ,hr street d.revtly
into The largest room in which wefu htiiiafa
tables uat IL this noon ollennd three smaller
yo1Fus He was brought into court charged
With maintaining q nuisance IN the building IN
which Sasd roouaz wefr situate and hied plea
a. guilty in which he described the nuisance ~
" ,br room AZ ths rigt, 81 ih. eniIanos 20 The
bsllisFd rs@aa on the first floor u the build
ing ,inAersi=sd IN the indictment, which plea
WAS accepted BY the couri Tbs room 50 adj
iadyed ! uniNaisoe WAS Dng 81 the smaller ones
st.sslirr aut "a the billiard room, and when that
was closed rs order al the court, all the re-
st,opdens had 40 was 70 move his bar into one
81 The other small rooms, ard carry ON hs HE
g4l traffic "A freely a. hs had done before.
Another person who Was indicted i9f MAINTAIN
ins nuisance occupied rooms CA the hIsi floor
the same. Tie vas a vellknovn siola.or OF
h. law. A search Of the premises vas made
bot matters had been ~ we'll attended To that
the unf liquor discovered WAS 10 The cellar
The court accepted plea q guilty which de.
srribed the nuisance m room IA one corner 81
the cellar and made al order closing said room,
but leaving all tbs rooms above mentioned mn
affected by the Judgment Possibly another
itsiano. atil aid in showing the imsufhoieney
n above il1iii=
Gated A dealer Of liquors was brought INTO
court charged with maintaining nuisance.
The place Of business consisted Of At least Tour
rooms the main and only entrance 70 which
led directly from the street into the room
where be kept groceries. Connected with tins
room by doors were other rOoms, ~ one of
which was kept well-equlpped bar. others
were used for storage and Tor fuel. In search
Of these premises which had evidently been
anticipated, liquor was found secreted IN the
fuel room. The respondent filed plea OF
guilty Of maintaining nuisance IN the room
last named which plea was accepted by the
court and the majesty Of the law was MAIN
tanned by closing the respondents soodshsd,
while he was lett 10 give hearty welcome TO
his patrons in the rooms where they had been
accustomed ,o be received Ii has been claimed
and with seine reason that II this construction
Of the statute be carried but little further
tbs interior of the jug will be deemed
place and declared nuisance, IN which
case the order Of the court will be posted upon
the cork, and the remaining Jugs IN the same
closet remain unaffected by the order
In calling attention TO these cases by way OF
illustration do not intend 20 cast any reftec-
ton upon the courts issuing such orders, but
do il 10 call attention To the peculiar phraseol-
ovy of the statutes which permit such orders
10 be made. which orders have brought fidieule
upon the courts and have rendered attempts to
enforce an otherwise effective statute farcieai.
Added TO this difficulty is another that grows
out Of the provision permitting the place ad-
Judged nuisance 10 be opened by the owner
when he has filed the bond prescribed by law.
BY reason Of the practice before noticed such
bonds usually cover oVy one OF the several
rooms occupied by the dealer that he may
90 the round Of his apartments and upon each
Of his convictions give fresh bond. and, until
the number Of bis convictions equal the num-
Der Of his rooms, there is no need that he vio-
late tine conditions Of either Of the bonds pre-
yiousy given. In practice, also, even in a
breach Of the condition, have never had a ease
come TO my knowledge where the bond was
prosecuted do not pretend 10 say where the
blame rests | simply know that in general
such a bond il Of no practical use in restrain
q the party giving the same from further
violation Of the law, and the result IS that
man may continue IN business IN substantially
the same place year after year, though he be
convicted time after time in the same court.
hay. in mind the case Of one man who has
been in business in precisely the same rooms
for three or -four years. That his place, though
called a grocery, is a saloon, liz a matter of
public notoriety He was indicted for
maintaining a nuisance and not caring to take
a trial forfeited his bonds. AT the following
term of court two additional prosecutions under
the nuisance act and one for illegal sales were
pending against him, in all OF which he Was
convicted sx months later there were pend
ing against him four different prosecutions IN
the same court, one for maintaining nuisance,
one for illegal sales, one for keeping with IN
tent 10 sill and one on the disclosure Of per-
son found intoxicated. all Of which cases we're
continued 10 the next term on account OF the
sickne = ., the respondent. Twelve months
,irr this sline man ia the same court
ehtIl,,d sith maintaining nuisance and had
i've utier ptos. EDITIONS pending against HIM
ite pleaded guilty TO maintaining nuisance,
hut the court limited the operation of its order
Ia a store room mentioned in the plea, while
the other cases continued AT the fol-
lowing term the same man Was in conri. again
charged with maintaining a nuisance upon the
sam. premises and was convicted. but only one
Of the four rooms occupied by him was affected
BY the order So year alter year, IN precisely
the same rooms this man has gone persist
entity violating the law.
Another difficulty that asserts itself in the
enforcement 81 this statute arises from the
fact that while. under the law as il now stands,
the person convicted can not again open the
place adjudg.d nuisance without giving the
bond prescribed by the statute, any otttr per-
son may step in and do NJ, The result ~ that
the osieaxbse proprietorship OF the saloon
changes AZ often A. Judgments are entered
broad enough in their isrIns 70 really affect
the business but th. saloon itself goes ON As II
nothing had happened. In most instances OF
this KIND the real propneiorship rests IN the
person first convicted. although Il is sometimes
difieul, to demonstrate this fact in court Of
justice.
There is no reason for such n condition Of
things as have described. Let the Law be
amended that every order adjudging place
20 b. a common nuisance shall he broad enough
10 cover the entire premises occupied by the
whether they consist Of one room
or twenty let such premises be closed, not
only against the respondent himself but
against all persons whomsovyef, and Tor any
aud every purpose let the elsuss providing
for opening the same upon giving bond be-
repealed and have every order Tor closing
nuisance sbsolu,ein lie terms and not subject
10 be suspended by any power or person Tor At
4 u "A "A. a