The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1890-11-12

seems to me, does injustice to one who is
certainly not the least worthy Of our su-
preme court judges. If you will place
them all in the same category and admins
ter TO each and every one Of them as sharp
a rebuke as did the retiring governor in his
recent message, you will find many ready
! to respond amen," and will merit the full
| appreciation of all people who are i'm favor
of the enforcement Of our criminal laws
whether aimed at the traffic in Intoxicating
drinks or any other crime.
IL may be admitted as true that when
Judge Ross came here to hold court a few
terms ago, certain reputation had pre-
| ceded hun which made glad the hearts OF
| those who were anxious that the provisions
! OF Chapter 1863 of the Revised Laws should
| be enforced; and that there was conse-
! quent shaking and quaking among the vio-
! lators OF that chapter, aud that the SEN
| fences imposed by the court at that term
| upon persons who had been tried and found
! guilty, or who had been found guilty
! upon their own plea, of violating that
! chapter, seemed wholly INADEQUATE as a
! punishment, considering the condition OF
matters in regard to violations Of the pro-
! hibitory law in this community. To say
| that there was great DISAPPOINTMENT felt is.
at least, TO put it mildly. If, however any
one will take the pains to compare the sen
| fences imposed at that term with those Of
! the terms prior to that, and at the terms
! since, he will see that the penalties at that
| tern were fair average and that the wor-
! thy judges who have held the other terms
referred to are equally deserving Of criti-
| cism
There is no sort of doubt the courts do
| not live up to their opportunities Is the
presiding judge at the county courts wholly
or chiefly to blame? To "A certain extent he
! is in fault, and grossly so. When Il man
has been convicted Of, or pleaded guilty to,
violating the prohbitory law the court be-
fore imposing sentence should inform itself
| whether he has been and continues to be
viOlatOr of the law, and sentence him &C
| cordingly. An inspection of the court
| records, an inquiry from the clerk or
most casual glance at the court docket, will
often, too often, disclose matter enough to
satisfy even the most reluctant court that
the respondent awaiting sentence is "A very
old, hardened, frequent and persistent of
fender, aud should be dealt with accord
| ingly. To the extent Of failing to obtain
| such information as will place the presiding
judge in situation to know the standing
of the respondent, he certainly is blame
| worthy.
These are the officials on whom the blame
should fall much more heavily. The as
siStant judges, who reside in the very COM
munity, are familiar with the guings on
have been on the bench long enough to
know who are the regular and habtual
criminals that have come up before them
term after term for sentence for similar Of
fences. They persistently sit in silence and
allow the presiding judge to impose as the
sentence of the court penalty which stul-
titles the court and at the same time dis
gusts the community. What shall be said
of them? Have they then no responsibility,
no authority whatever in the matter? If
not, the legislature should at once confer
upon them some power or proceed 10 Danish
them speedily may be. One would
naturally suppose that the assistant Judges
would, when the matter is conferred upon
inform the presiding judge of the true
condition Of affairs, state whether the re-
spondent is an old offender, the reasons
why he should or should not be severely
punished, etc, that the action Of the
court might at least seem to be Intelligent
and well founded. Do they merely sit to
keep the benches warm or have they some
judgment or discretion in matters?-if the
Latter, do they exercise the same?
There Is another officer who is perhaps
deserving of more blame than both classes
of judges, and that is the states attorney.
1t would seem TO be the particular province
of this official, when respondent is up fir
sentence TO call the attention of the court
to such facts as should be within the cogni-
Zauce of the court to enable it TO arrive at
a just conclusion as to what is proper to be
done in given case. In this county that
official has made it his habit, as rule, to
, sit dumb a block when a respondent was
to be sentenced for violation of the pro-
hibitory law. and let the court do what it
saw III, without any information or light
from him who should be and is in posi-
ton to give it.
An incident occurred at the September
term of the court in this county, which is
= not vet ended which would be amusing if
} it were not sad. There were some cases
| standing for trial against certain resi- pom
dent who is a notorious violatOr of the
: liquor law. Whether any arrangements or
; arguments We're made out of court between
= the respondent and the state, outsiders do
. not know. 1t was deemed advisable by
, the counsel for the res poudent to have their
: client plead guilty and save the state the
expense and trouble of trials. So he re-
spondent came into court and plea led
guilty in three different cases for viola
, lions of the liquor law, and by his counsel
minated TO the court that he wa, ready TO
receive sentence at that time There was
l not IA word said by the respondents coun-
/ sci. They had no occasion TO call attention
to the respondents record, or to the en-
tries on the docket 1t must have been an
anxious moment for the respondent aud for
l them also The states attorney sat like
statue and said not word. | wondered if
+ il occurred to him that it might be in the
line of his duty, unless he had agreed TO
leave the matter with the court. to tell the
court what the assistant judges already
knew, that within the last two years that
same respondent had been fined by the
same court two or more times for keeping
2 nuisance, and perhaps other times for other
= violations Of the law, aud that he then had
+ II round dozen OF cases on the docket for
violations of the law! The court fined the
respondent 500 in each case, making the
magnificent sum of $50, which, with costs,
r might amount to $3.50. Snch an opportunity
= for the court to set an example seldom uc-
ours. This court had allowed it to pass.
The spectators who had looked for some.
, thing different, either elated or crestfallen,
l according TO their sympathes, moved out.
: | The states attorney made no sign. The
respondent and his counsel breathed freely
, again. The court, no doubt, feeling that it
had done its full duty in the premises, called
the next case and went on with its work.
The tide had ebbed. There is no doubt
, such penalty would have been ample to
/ beginner from back town, with only ono
! case in court, but what did it signify to a
t man with Il record like this respondent, a
man with dozen Of cases on the docket,
and with these to which he had just been
found guilty on his own confessioui So
long as we have such a combination of Off
cials we need hardly expect to see the pro
. hibitory law rgidly enforced.
ANOTHER LAWYER.
, THE twelfth annual festival of Vermont
pl,t glns fra laaf