Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1899-10-12

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special officers to see that nobody
lodges its payment who handles alec
holic beverages. The certificate mus
even be displayed in conspicuous
place, so says the government, right
where the state officers can see it.
This is purely a revenue provision
and gives the holder no right to sell in
contragention to state laws, which take
precedence in such matters. The gov
eminent simply says, "Whatever your
state law. if You sell, you must pay
this tax" The state of Vermont turns
around and says, "If you pay this tax
you are presumed to be guilty of Il pc
nal offence and subject to punishment
as common seller"
As we said, this peculiar statute has
never been invoked until recently.
A year or two ago some effort was
made to get the deputy revenue collect
| or for Vermont to disclose who paid
the tax, so that they might be prose-
cuted. 1t failed, the United States
court ruling that he could not be COM
PEELED to give this evidence in state
court. The new organization known
as the Anti-Saloon League, which is a
sort of self-appointed supervisor of
justice, with a salaried president at its
head, dug up this act and the president
went to Portsmouth, n H., and OBJ
tanned a partial list of those in Yer
mont who hold the government certiti-
Gates. This evidence was presented
to the grand juries Of Chittenden and
Franklin counties, who failed to indict
on the strength of it. In Washington
county. the jury took a different view
and a number Of indictments were
found.
Nothing daunted by the action Of
the grand juries ofthe two former coun-
ties, prosecution in county court was
begun on information filed by the states
attorney, whose salary depends on his
energetic enforcement Of the prohibito-
ry law, especially This was in Chitten-
den county, where court has been in
session. The League did not lay itself
open TO the charge of fayoritism, GER
tainly, for it begun the battle by as
sailing the Ligh-toned druggists first.
A lot of them who have some of the
best stores in Burlington, who are
leading and respected citizens, were
hauled into court and forced to give
bail, like common bartenders. The
only evidence against some of them
was their possession of the certifi cate,
as alleged by President Morrow of the
League. few got scared, pleaded
guilty and were fined Others stood
for trial.
The test case was tried last week
Payment of the tax was the only evil
ience produced. The respondent Of
fered no testimony. The court
charged that if the jury found that the
tax was paid they must find the re- !
spondent guilty. Conviction was the
result. The respondent took numer- !
BUS exceptions to the courts rulings
and the case viii 90 up to the supreme
court for decision as to the constitu-
.ionality of the statute and as 10 other
points. Meanwhile the other cases are
continued, pending judgment. The
rests with the supreme court.
Il the statute is sustained, the payment Z
If the tax win be sufficient to convict, !
N the absence of what the jury may t
adequate rebuttal As there /
ire said to be some 700 certifcate-hold-
ers in Vermont, the possibilities that !
IRE ahead are sufficient to attract all the G
notice that is now being paid to the
natter q
Those who believe in the law think
hat they nave at last found certain t
means Of checking and practically !
stopping the rum traffic. They hold t
hat it is founded on right principles. !
They say that these 200 certificate t
holders are not paying the govern
nent s25 apiece ont Of pure patriot t
SIN, or because they esteem the certifi-
cate so highly for decorative purposes.
They maintain that the tax is paid to
cover the sale of liquor. which is just
what the state law says they shall not
10. They contend that the presump-
lion is at least sufficiently strong to
warrant holding the parties as suspi-
cious persons, who should explain to
The satisfaction Of a jury Of their peers
why they paid the tax.
On the other hand, many believe that
the statute in question is unjust
and unconstitutional Has the legisla.