Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1897-01-08
The People Have the Power


take action under the law passed by the
present legislature authorizing them to pro-
ceed against liquor sellers without waiting
for a complaint, brought out the following
letter from ex-Gov. John w. Stewart of
Rutland, which shows conclusively that
the real method for the enforcement of the
prohibitory law is through cooperation of
the states attorney and the citizens-a
fact which many people overlook while
condemning the seeming inaction of Off
cials. Gov. Stewart says:
"The query at the head of a brief arti-
Gle in a recent issue of the Free Press,
What will the prosecuting officers do is
suggestive of reply, and some reflections
germane thereto. | venture to predict
that in general prosecutors will follow the
methods which have prevailed in criminal
proceedings in this state from the begin
ming. If they shall be spurred by the re-
cent legislation to voluntary action such
action will be spasmodiC and temporary.
In practice hitherto in every department of
criminal administration, legal proceedings
have been instituted upon complaint or in
formation to the prosecuting officer, that
an individual named has committed an Of
fence in violation of law. Such complaint
was usually coupled with information as to
circumstances and proofs available. Such
notes and complaint were sufficient to put
the prosecutor upon inquiry whether there
should be reasonable prospect of convic-
tion, to avoid the risk Of fruitless expense.
Thus the prosecutor seemed to stand as
the Intermediary between the public or the
citizens, and the court, charged with the
duty of action, when acted upon, and as
the representative of the public conscience
and sentiment, and the instrument of its
behests.
"Whie no question could properly be
made of official dereliction in cases of fail
ure to prosecute for violations of law with
in his personal knowledge, yet it has never
in practice been regarded as the prosecu-
tors duty to play the part OF spy or detec
tive, unless in the pursuit of proof in cases
pending, or where notice of some crime
has been given. The function of the pros
ecutor is professional, and the judicial
forum is its appropriate field Of exercise.
The requisites for its successful perform
ance are learning. skill, courage, vigilance,
fidelity. In government by the people,
the officers of their choice are as good, and
no better, than they deserye-and in the
last analysis the efficiency OF all criminal
law, and especially Of all police and sump-
tuary statutes (for example those relating
to traffic in intoXicants) is in exact pro-
portion to the public interest felt and
manifested in its enforcement. When such
interest is related either through indiffer
ence or cowardice, the law 10 the same ex-
tent becomes a dead letter. Il is quite
common to attribute such result to the
neglect of the prosecuting officers. This
view seems TO overlook or ignore the truth
that the citizen and the prosecutor must
be co-workers in the enforcement of the
law.
THAT the citizen owes obedience to the
law is a truism, but obedience limited to
abstinence from personal infraction of the
law, fails to meet the full extent of the
obedience required. 1t is the moral duty
of every citizen to give positive aid to an
enforcement of criminal law by exposure
of every violation which comes to his no.
tice.
"With reference to the higher crimes
this duty is universally recognized, but in
practice a distinction is made between
these higher crimes, which are against the
individual rights of person and property,
and sumptuary statutes which are in the
nature of police regulations. 10 state the
case in concrete; the same man who would
hasten TO the states attorney with notice
of his knowledge of burglary or an arson,
or murder, and zealously assist in the arrest
of the offender, and in gathering evidence
of his crime, might be personal witness
of numberless violations of the liquor law,
even participating therein, and keep utter
silence thereupon without qualm of con-
science. 1t is precisely here that the real
difficulty lies in the failure of prohibitory
law in the larger towns, and not in the
dereilction of the prosecuting officer.
81 doubt if well established instance
can be named where Vermont states at
torney has refused to act promptly upon
complaint of any law. Besides all this,
the doors of the grand jury room in every
county are periodically open to any and
every citizen who has complaint TO make.
Whenever and wherever there is an
aroused public sentiment hostile to the
liquor traffic, which finds expression in
action rather than in speeches and resolu-
tions, then and there the law will be en-
forced nay more, ten men, even five men,
resolute and vigiant in any town or city
in the state can shut and keep shut every
resort within their precinct where the sale
of intoXicants is practiced.
"The extent to which citizenship shirks
this duty and puts the responsibility of in
itatory action upon the public prosecutor,
will furnish the precise measure of the
laws failure.
"That the evil suggested has not been
cured by stringencies which have from
time to time been added to the law, is
quite apparent. However drastic statu-
tory provisions may be, they are not self
executing, and whether mild or severe, as
before stated, their successful enforcement
must depend upon public sentiment, and
how this can be brought into working
harmony with the object of the law is
another question.
"My only purpose here is to call atten-
tion to the situation"
The act to which the Free Press refer:
is No. SO of the laws of 1896 which, in
brief, makes it the duty of states attorneys
city and town grand jurors, who have rea'
son to believe that Intoxicating liquors are
stored for illegal sale or use in any place
in the state, to make complaint themselves
and cause the seizure of the liquor and the
punishment of the offenders. The purpose
of the law is evidently to make these off
cials act personally and independently in
any given or fragrant case, and to prevent
them from shielding themselves behind 8
plea that they have no "official' knowledg,
because no complaint has been entered
The purpose of ex-Gov. Stewards letter il
not to excuse the officers of the law fol
failure to act, but to show that the Law
can only be enforced efficiently when citi