Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1903-03-27
HIGH LICENSE WORKINGS.
SPECIAL FEATURES OF NEW LAW NOT
GENERALLY FAMILIAR.
Rare Judgment and Discrimination Shown in
Penalties for Violations Low Dives and
Kitchen Bar-Rooms Hit Hard Provisions
for Manufacture and Sale Of Liquor.

Penalties for Violations Low Dives ant
Kitchen Bar-Rooms Hit Hard-Provision
for Manufacture and Sale Of Liquor.
On the eve Of the actual workings o.
the new high license law, it is of time
ly interest to present few spec
ial features of the law, which may
have escaped those who have not giver
the subject thorough study. 1t is gen
orally admitted that familiarity with
the law will breed respect. Even the
we'll meaning though possibly some
what prejudiced and narrow minded
persons, who formerly made a bogie OF
the word "license," are coming to see
the law in its true light: wise and
salutary measure and greater pro-
moter of real temperance, than the
law that was only prohibition in name.
One of the most important reforms, is
the provision that equalizes the matter
of penalties between the unfortunate
convicted of the offense of intoxicaton
and the cool, calculating and unscrupu-
lous wretch Of a dealer, who sells in
toxicating liquors to one having the
habit of drinking to excess.
AS provided in section S3, the Ii
censee who knowingly sells to such a
person, after having received notice in
writing not to sell to him, shall forfeit
one hundred dollars for each otfense, to
! be recovered by the husband, wife,
parent, child, guardian or employer of
such person in an action on the case.
Dealers will be chary in violating
provisions with such penalty and the
heavy drinker is thus cut off from the
usual source of his supply.
! The maximum penalty for convlc-
| tion for drunkenness under Vermont's
present law is fine Of s15 or to be i'm
| prisoned in the county Jail for 30 days
or both.
! The law deals gently with the erring
one, upon a conviction of first offence
for intoxication, rightly deemng that
| the usual shame and disgrace in such
cases are as severe penalty as can be
inflicted. A first offense means only a
fine of five dollars with costs of prose-
cution with an alternative sentence of
Imprisonment in the county Jail of not
less than ten nor more than twenty
days. A person who is convicted OF
third offence however is, for the pur-
poses of the law, deemed an habitual
drunkard to be subjected to the maxi
mum penalty as previously stated.
Vermont's high license measure is
clear and explicit as to that portion
which relates to the sale of liquors
without license, or for the soliciting
of orders for such sales, or the bringing
Of any intoxicating liquors into town
with intent to sell, where no license is
authorized
The dives and kitchen bar-rooms
which fourished under the prohibitory
law will receive particularly hard
blow by the fine for unlicensed selling
OF not less than three hundred dollars
or Imprisonment for the offender of not
less than twelve months, or both. The
trade of pocket peddling will probably
be wiped out at one swoop. by the fine
upon conviction of such persons of not
less than one hundred dollars, or to be
imprisoned not less than three or more
than six months.
Justice is really tempered with mercy
in such cases, as the offender feels
the hand of the law so heavily at the
first offence, that he is likely then and
there to resolve to go and sin no more.
As the law is plainly prescribed on
this matter there is no possibility OF
reoccurrence of the penalties dealt al
most entirely under the various iudg
ments of the trial justices, under the
old law; penalties, which sometimes
depended very largely on the whims
and personal views of the court. Even
reputable hotel keepers who sometimes
violated the law to satisfy the de-
mands of their patrons were liable to be
subjected to an accumulated series of
fines, which if they were unable to pay,
meant sentences in prison for the terms
of their natural lives.
In marked contrast to the miSer-
able stuff sold in Vermont under the
old regime sometimes dignitied by the
titles of beer, ale or whiskey, but bet
ter known by expressive though un-
printable names, it will now be the
pleasure and luxury of Vermonters,
who are not total abstainers, to have
liquors of the genuine brand.
According to the law regarding adul
teration, if person, who has reason to
believe that a licensee is selling intox-
icating liquors that are adulterated or
not of good standard quality, calls the
of the board thereto, the
board shall in writing authorize some |
person other than member thereof to
procure sample or samples of liquors |
for analysis.
If the certificate of analysis shows
the samples to contain liquor that is
adulterated or not of good quality, the |
board shall cause prosecution to be
held by town grand juror or states
attorney against the licensee for sell
ing adulterated liquor, or liquor not
of standard quality; upon conviction
in either respect, the offender shall be
fined 800, and upon a conviction for
third offense shall forfeit his license.
About physicians or pharmacists
who might be tempted to dispense in
toxicating liquors too freely, the lines
are closely drawn. The law applying
to pharmacists says: "A licensee of
the fifth class who by himself, servant
or agent, sells otherwise than is pro-
vided in his license, or furnishes in
liquor on the licensed prem
ises shall be fined not less than $50 nor
more than 500, and on conviction of
third offence his bond shall be forfeit
ed, and his license as pharmacist re-
voked. "
The fifth class license is only issued
to retail druggists and apotheoaries
who are registered pharmacists. THE
holder of such license,' declares the
law. "sball sell only for medicinal pur-