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

| thereby and there will be no opportu-
ity to amend until another session
of the Legislature.
Status of minors under the license
aw.-Under the laws now in force
the minor can procure honestly all
needed liquors at the town agency, for
medical, mechanical or chemical our
poses, or parents can send their minor
children to the agency for liquors for
the same purposes, at price not ex-
ceeding ten per cent above cost. The
law provides for a supply of pure and
unadulterated liquors-Just as strin-
gently as the proposed license law.
How will it be under the license law ?
The only possible method provided for a
minor to purchase liquors honestly will
be upon prescription of a physician at
a licensed drug store, with the at
tendant expense of a prescription,
whether the minor wants to procure it
for himself or his parents. V. S. 4455:
IF person procures, or attempts
to procure, of an authorized agent,
Intoxicating liquor, by falsely repre-
senting the purpose for which it is in
tended to be used, or by the use of any
deceitful or fraudulent means, he
shall be fined ten dollars. "
Section N of the license act is:
ga minor who falsely represents his
age to a licensee for the purpose of
procuring Intoxicating liquor, shall be
fined twenty dollars. or be imprisoned
not more than 30 days, or both. "
The only false pretence therein pro-
vided against is as to the age of the
applicant. Suppose the bartender does
not ask his age, what penalty will
the minor incur? But if he has lied
as to his age, he may be prosecuted at
any time within two years for that
offence. If he does lie as to his age,
why is this harsh discrimination to be
made as to the minor? What is the
penalty provided in case the town pau
per, the man who has been intoxicat-
ed within six months, or person in
the notified list, obtains liquors under
any false .pretence? None whatever.
Yet it will be seen that the minor
may be sent to the house of correction
for thirty days and his character
blackened thereby. Is that not crowd
ing the minor and letting the adult go
free?
How about the licensee who shall
have furnished and sold the liquor to
the minor? For that no penalty is
provided, except a forfeiture of his Ii
cense if convicted before board of
license commissioners. If in the judg-
ment of the board of investigation
"probable cause" is found for proceed
ing against licensee, they shall sum
mons in witnesses etc. How is the Of
fence of selling to minor to be proved?
The licensee cannot be compelled to
testify, because he will not be obliged
to criminate himself. The minor
cannot be compelled to testify for the
same reason. These obstacles are an
ticipated under the existing law by
V. S. 4541:
I'm prosecutions under this chapter
no person other than the respondent
shall be excused from testifying, be-
cause his testimony may tend to crimi-
nate himself. Such testimony shall
not be used against the person giving
it in any proceedings against him,
civil or criminal, except in a prosecu-
ton for perjury committed in giving
such testimony"
There is similar provision in the
license laws of nearly every State. So,
unless some bystander happened to
witness the sale, this part OF the law
cannot be enforced. What justice is
there in permitting an open saloon
with its attractions of warmth, COM
fort. music, dancing, card playing, bill
lard and pool tables and seductive bev-
erages to entice the minor to enter and
be happy, together with the adult who
sets him the example, and then pounce
upon the minor for lying about his age
to secure drink; and then tell him
that it is all right for him to get
liquor and drink it there, if he can do
so without lying about his age.
Section So inficts no penalty on the
licensee unless he should sell after his