The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1903-01-07

their excessive length or severity are
greatly disproportioned to the offences
charged The whole inhibition is
against that which is excessive either
in the bail required, or fine imposed,
or punishment inflicted. Fifty-four
years confinement at hard labor,
away from ones home and relatives,
and thereby prevented from giving
assistance to them or receiving COM
fort from them, is punishment at
the severity of which, considering
the offences, it is hard to believe that
any man of right feeling and heart
can refrain from shuddering.
1t does not alter its character as cruel
and unusual, that for each distinct
offence there is small punishment,
if when they are brought together and
one punishment for the whole is in
flicted it becomes one of excessive sever
ity. And the cruelty of it, in this,
by the Imprisonment at hard labor, is
further increased by the offences be-
ing thus made Infamous names.
What, then, shall be said of pro-
posed law that will permit the in,
Fiction of such heavy fine, with its
alternative long term of imprisonment
at hard labor, for a single offenceY
Justice Field, in his dissenting
opinion, SAYS: Is it safe to put
such extraordinary power in the
hands of single magistrate? Or
allow a person out of spite to secure a
conviction possibly by perjured tes-
timony-of one sale of even Uno beer
and subject the party to such dire
penaltiesP"
The licensed druggist selling in
violation of his license, under section
70, cannot be fined over 5000 nor less
than $50, but the common person for
a similar violation, must be fined
notices than $500, or be impris-
oned, or both.
Under sections 40 to 56, the prose-
cutions under the license act will be
practically under the control of the
board of license commissioners in
each town. They are constituted
a board to receive complaints for vio-
lations of the law, whether by licen-
sees or laymen; when so received.
then they must investigate. If they
are "rummies'' it is easily understood
! that they may be hard to convince
that the complaint is well ground
ed, under section 4S. This will be
the first obstacle. Then if the board
shall conclude to investigate, they
must summons in the witnesses and
have an investigation within three
days" (section sly. Section "a ther
proceeds: If upon such hearing the
board finds the charge established,
and the offence is of such gravity thai
the license is declared forfeited, the
board shall thereupon bring the mat
ter to the attention of a town grand
juror or States attorney who shall
prosecute the offender before cour
of competent jurisdiction. Section
80: If the offence be not such as t.
work forfeiture of the license, blu
is of such nature as to call for SOM
penalty, in the Judgment of TIN
board, it shall bring the matter t.
the attention of the town grand juro
or State attorney who shall institut
prosecution if, in the Judgment of sue
prosecuting officer, the evidence ad
duced is sufficient to warrant a con
viction. Thus it will be seen tina
if the complaint has run the gauntle
of the board of license commissioner
it will then have to meet the jude
ment of such prosecuting officer.
: AS he is a salaried official possibl
: his Judgment" and his vigilanc
! may be warped by his personal fee
3 ings towards the enforcement of tn
t law. This will be the second sourC
4 of friction in the working of tn
7 cumbersome machinery. Now whi
S will become of the unlicensed sell(
t in thos three days? The bird ma
x have flown.
S Attention is neyt called TO Sec 6