Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-11-12
Constitutionality of Present Ii
cense Law before Supreme
To-day.
LACK OF MAXIMUM PENALTY
The Point in n Caledonia County Case
Orange County Makes Objection to
Selling of Cider by Farmers rs
Class Legisla
Haselton Resumes Duty.

Montpelier. Nov. 10-Two cases of
State interest will be argued in supreme
court tomorrow. They both involve the
cOnstitutionalty of the present license
law In the case of State VS.. Constantine.
from Caledonia county, 1t is claimed by
counsel for the respondent that the law
is unconstitutional because it provides no
maximum penalty for onenses against IT.
and in the Orange county case of State
vs. Hasclton the claim is made that the
law is unconstitutional because the sec
ton which permits farmers to sell CIDER
by the barrel is class legislation.
Judge Seneca Haselton sat on the SUI
preme bench to-day for the first time
since his recent severe illness. He was
warmly greeted by his associates, and
by members of the bar.
The Caledonia county divorce case of
Mary Ann Bailey VS. George Bailey. ar
gued this morning in supreme court is
as unusual as it is interesting. After Nv
ing together more than 10 years at "Goss
Hollow" in St. Johnsbury the plaintiff at
the last June term of Caledonia county
court obtained a divorce on the ground
of ntoerabie severity. Permanent ALI
mony in the sum Of 800 annually, pay
able on or before the expiration of each
quarter also the sum Of 81 per month
payable quarterly until further order Of
the court was awarded the plaintiff and
the case comes to the supreme court
upon exceptions by the pcttionee. me
divorced wife seeks to obtain one-haif
of the defendants pension money towards
payment of her alimony. The claim OIL
the defence is that money paid old sol
diers by the government in the form or
a pension inures to their sole benefit ana
cannot be used in payment of debts or
obligations like the alimOny IN question:
Harland b. Howe and NJ. Montgomery
argued the case for Mr. Bailey and h
W. Simonds 1Or Mrs Bailey.
The other Caledonia county cases ar
gued to-day were William T. Foss rs.
Clarence Smith, trcspass, and William /.
Foss VS. Clarence Smith petition Tor a
new trial. These two cases were heard
together by agrecment Porter anu
Thompson appeared for the plaintlf Dun
nett and Slack, May and Simonds Tor the
defendant.
The following Caledonia county cases on
the trial calendar were continued; Israel
r Farrow Jr. VS.. r. a. Ordway, tres
pass. Judson 5. Hurlbutt VS.. Henry r.
Fstabrook, general assumpsit, Adna >.
Clifford guardian, vs.. James - brlen'
bill.
Orange county case were reached this
afternoon. Those argued were James e.
Lowrie VS. William Silsby ct ais. smith
and Smith for plaintiff; Dunnett and
Slack for the defendant; f. b. Kim
ball VS.. Dominick Costa, trover. smith
and Smith for plaintiff, III. a. Farnham
for defendant.
In the Orleans county case OF Wright
& Valley VS.. the Creamery Package Man
featuring company of Barton, suit
brought to test tho title to lot of but
ter tubs, the plaintiff asked leave to Tile
an amended and supplemental Oil. mere
! seems to be some question whether TINS
case is yet in supreme court ana 1t Is
probable no arguments will be made or