Bennington banner and reformer. (Bennington, Vt.) 1903-19??, 1903-01-15
INTOXICATION
NOT A CRIME
But Being Found Intoxicated Is,
Under ProhibitOry Law.
A GROTESQUE FEATURE
Hon. o. N. Barber Writes Another Letter on
the Need Of Adopting the New
License Law.

be fined. A curious feature of this
provision is that it is not a crime to
become intoxicated, but crime consists
in being found in that condition. Up
on being convicted of such crime the
statute requires that the respondent
shall be detained by the court urtil he
discloses the place where, and the per-
son Of whom the liquor producing such
intoxication was obtained, and that il
he does not so disclose he may be COM
mitted to the jail of the county at the
expense of the state.
Under this provision persons have
been kept in the county jail for months
at time at the expense of the state,
because they failed TO make a disclos-
ure satisfactory to the justice Of the
peace who committed them. Our Su-
preme Court has held that such impris-
onment is lawful and have not pointed
out any way by which such respondent
can be discharged except by disclosing
to the satisfaction of the magistrate
ordering the commitment.
1t Is common knowledge that before
a respondent so committed can obtain
his discharge, he must under oath tes-
tify TO different facts than those 70
which he testified before his commit
ment. Which time does he tell the
I truth? Is 1t not a temptation for the
respondent so committed to tell story
that will be satisfactory to the justice,
whether true or false, in order that he
may obtain his discharge? Does not
this statute tend to invite perjury?
In taking the disclosure Of an intox-
icated person the law allows fee OF
81. so each TO the court, the prosecutor
and the officer, II as result Of this
disclosure some other person is con-
victed of an ofIense under the law; but
if no other person is so convicted this
fee is not allowed Upon what princi-
pie is this provision justified?
The statute providing that the pay
ment of a United States Special Tax
as a liquor seller shall be prima facie
evidence that the person paying the
same is a common seller is anomalous.
To be convicted as a common seller
person must be found guilty Of not less
than FIVE nor more than ten unlawful
sales of intoxicating liquor, SO that
the payment of the special tax above
provided is prima iacie evidence that
the person has made not less than five
or more than ten unlawful sales of in
toxicating liquor. What is the con-
sistency in this law? Why not make
it prima facie evidence that he is guilty
of one hundred second offenses so that
the respondent can be railroaded into
the House of Correction easily in the
first instance? VIII some Prohibition
ist explain the necessity of this statute?
The supporters of the prohibitory
law should not forget when upholding
the same and attacking the proposed
license law, that from It's very incep-
tion to within very short time the en-
tire prohibitory law was unconstitu-
tional in so far as it attempted to pun
ish any person by reason Of selling,
furnishing or giving away Intoxicating
liquors which we're brought into the
state and disposed OF here in original
packages.
Is it not we'll to remember that to en-
act perfect law upon this subject at
one session of the legislature, has so
far, by heIprohibitionists themselves
been demonstrated to be an impossi-
bility Nearly every session of the
legislature has witnessed some amend
ment to this law since its first enact
ment, and judging the future by tho
past, the character OF future amend
ments is likely to render the law, if it
is maintained, a greater monstrosity
than it even now is
is it not well to consider that the
question on the first Tuesday Of Feb
ruary, is not whether the proposed
License Law is the best that can be de-
vised, but is rather whether we will
change from a method called prohibit
ton, which does not even regulate, TO a
license law which we believe will regu-
late better than has the prohibitory
law and which, If found to be defective,
can as easily and readily be amended
as has the prohibitory law?
And further, that by adopting Ii
cense law the "open saloon" which
seems to be the war cry of the prohib-
itionists, is not adopted or located in
any town unless the voters in that town
at later meeting so elect. The pro-