Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1903-01-09
Late State Auditor Urges the Ad.
option Of the New Lieence Act.
Prohibition Does Not Prohibit.
Extreme and InquisitoriaI Fea-
lures of the Present Law
People Desire a Change.

public man in the state to come out
openly and explain over his own sigma
ture why license is to be preferred to
prohibition. In the letter which ap-
pears in the Bennington. Banner-Reform-
er, Mr.. Barber says;
"The question of the adoption of the
license law by the people on the first
Tuesday in February next is one of vital
Importance.
"Within the proper limits of COM
munication of this kind it is impossible
to make full presentation of what |
conceive to be the relative merit of the
proposed license law, and shall at this
time content myself by calling attention
to few of the many to me, odious pro-
visions of the present law.
"The whole subject is matter of po-
lice regulation. 1t is conceded by most
that intoxicating liquors will be sold
and ought to be legally procurable. The
prohibitory law is based upon this as
sumption. The whole question, there
fore, is whether to regulate the traffic by
so-called prohibitory law or license
law.
"Prior to 1853, license law existed
in this state. In March of that year, by
very small majority vote, the prohib-
tory law was adopted by the people.
With various amendments, some good,
some bad, the law so adopted has since
been continued, land is the law today. To
aid us in determining whether we shall
continue this law, it may be profitable
to inquire if, under its administration,
the traffic has been we'll regulated and
governed. I contend it has not.
"During the last four years the total
number of criminal prosecutions before
justices and municipal courts has ex-
ceeded on the average of 5000 annually.
1t is perfectly safe to assume that at least
1000 annually of these were for viola
tons of the prohibitory law, and it is
common knowledge that there are annu-
ally thousands of other violations of
this law that are not prosecuted. | do
not doubt, nor do | think it will be con-
tended, but that substantially similar
conditions have maintained ever since
the prohibitory law was adopted. In
the foregoing totals the number of pro-
secutions for violations of the prohibit
tory law in the county courts are not
considered.
awe have, therefore, a law that for
half century, has a record of thousands
of violations annually and with no pros
pect that the conditions in this respect
will be materially improved. Thousands
of dollars are paid annually to prosecute
offenders under this law, and although
large sums are received in fines and
costs from such prosecutions, it cannot,
when all the expenses of conducting the
same, including the expenses and fees
of courts, officers, and jurors are con.
sidered, be safely commended that the
state has derived any net profit there
from. 1t is probably true that there has
been annually considerably net loss.
"The prohibitory law provides that if
an officer has reason to believe and does
believe that Intoxicating liquor is kept
or concealed in any conveyance, bag.
gage, or clothing, being conveyed along
the highway, he shall search the same
without warrant. Can anyone imagine
law more violative of the rights OF
person Or property than this? A peace
able, law abiding prohibitionist who is
taking home in his grip for use in his
family as medicine under doctors
prescription, bottle of wine, is, under
this statute, liable to have his grip
searched by an officer without warrant
the wine seized, he be summoned before
magistrate to show cause why it
should not be destroyed, and all the ex-
penses of the proceedings taxed against
him. If so decided by the court, he may
take on appeal to the county court by
giving surety for costs, but he is de-
prived of the wine until the court finally
orders it to be returned to him.
"The process of replevin, which in
other instances may be invoked TO re-
cover property unlawfully seized, is de-
MED him. The officer need not suspect
or believe that the wine is to be used for
an unlawful purpose, as is generally pro-
vided in other parts of the law, but need
only believe that it is being carried
along the highway. If he so believes he
shall search.
"Have we fallen so low as to need
this inquisitorial law? 1t will not do for
the prohibitionists to say this law is not
enforced. 1t is the law. 1t is bad
law. 1t cannot be justified and it ought
to be repealed.