Bennington banner and reformer. (Bennington, Vt.) 1903-19??, 1903-01-08
THE USE OF
INJUNCTION
As An Arm To Uphold the Pro.
hibitOry Liquor Law.
LETTER BY 0. N, BARBER
Former State Auditor Makes Another Powerful
Aralsnmsut Of the Weakness and
Danger Of Prohibition.

| country mas been preserved in ourcon-
stitution
Early in the history of the common
law, the common people compelled the
establishment OF this tribunal for pro-
lection against the iniquitious deeis-
ions Of king-made judges. Since that
time no right has been more highly
priced or jealously guarded.
The prohibitory law violates the
spirit of this constitutional provision.
1t is done by declaring that to be a
nuisance which at common law. was not
a nuisance, and then invoking con-
ceded jurisdiction of chancery courts
to enjoin nuisances. But for the pro-
hibitory law, place where intoxicat-
ing liquor is kept or sold is no more a
nuisance than is the place where any
other commodity is kept or sold.
The prohibitory law, however, de-
clares that any place where intoxicat-
ing liquor is nnlawfully disposed of.
or kept for unlawful disposal Is a
nuisance. The person so keeping or
disposing OF such liquor, as well as
such place, must be proceeded against
in chancery.
Perhaps in no better manner can the
beauties of this process be shown than
TO illustrate.
a druggist at his store gives to his
neighbor, just once, some wine for
medicinal purposes only. The drug
gist thereby becomes the keeper of a
nuisance, and his store that nuisance.
The matter is brought TO the attention
Of the prosecuting officer: complaint
must be made and the druggist fined
The prosecuting officer. must then at
once proceed before the chancellor to
{ obtain an Injunction; and one must is
sue.
Afterwards, it is claimed this druq-
gist once more, and only once, at the
same store, gives the same friend for a
like purpose another sample of the
same wine. This, If true, is a viola.
ton of the ehancellor's order and
contept OF court.
The druggist is hauled before the
chancellor who tries the question OF
his guilt or innocence, and If found
guilty he is fined or imprisoned. or
both.
Before all other courts, in all other
proceedings under the prohibitory law
the respondent, under the constitu-
tion, has a right to trial by jury: be-
fore the chancellor, never. Here the
constitutional guaranty Of that right
is adroitly nullifed and the respond
ent must take his chances with the
court
Nor is this all
The permanent injunction runs
against the defendant and all other
persons interested in the building or
premises, their servants, agents, less
ees and assigns, and is recorded in
the town clerks Office of the town
where the premises are situated. The
effect of this injunction is far reaching. /
It is in the nature of an encumbrance /
upon the premises, and something
which the subsequent purchasers NAV !
be bound to know and obey. II this |
law is continued, individuals vet nm
born may, in the future, be found |
guilty of contempt in the violation Of
one of these injunctious, issued in our
day and Of which they never learn un-
til summoned to show cause why they
are not in contempt.
Under this law our supreme court
has held that person who does not
live in Vermont, provided he is an
owner Of real estate here, may be
found guilty of maintaining a nuis-
ance. He may also be guilty of con-
tempt of court if his agent, although |
without his knowledge and contrary
to his express direction, suffers intox-
icating liquor to be unlawfully dis
posed of upon the premises. 1t makes
no difference if the agent in fact did
not knowingly permit the law to be
violated; it serves every purpose If it
appears that he ought to have known
it,
Probably no provision of the law is
more drastic or has contributed to a
greater extent toward rendering it un-
popular than this injunction feature.
Reputable, honorable, law abiding
landlords do not like to be required to
visit their leased premises weekly or
monthly to determine whether the law
is being violated thereon, under pen
atty Of confscation of their property. |
Government by Injunction in this res