Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1903-10-09
Nalor and Discretion.

vaior and Discretion.
ers can meet all adverse criticism OF
their action in revoking the licenses OF
local liquor sellers by standing un-
compromisngly on the law and the ev-
idence and declaring that they were
bound by their oath of office. No ar
gument can be advanced to show that
they have not done their full duty and
done it with commendable courage. The
news columns of the Reformer have
given the details of the case carefully.
The license commissioners were in
formed of the sales to minors;
they called the minors before
them and found that sufficient evidence
was to be had; they promptly and lit
orally enforced the law and the licenses
of the offenders were revoked. To the
man who is constitutionally opposed TO
license or to the nonresident who is
not familiar with the conditions exist
ing in Brattleboro there seems to be
only one side to the question. But to
the citizens the majority of whom
know by experience how difficult it is
to regulate liquor selling in Brattle-
boro, and who hoped to see a success
full solution of the problem in the local
option law, the action of the commits
;s n
The dissatisfaction is due to reason
able certainty that the revoking of the
licenses will eventually increase in
temperance in Brattleboro and cause
practical return to the old days of
state prohibition.
If, as seems probable, a license is
granted by the commissioners of New
Hampshire for the sale of liquor on
the island" Brattleboro will get the
results and New Hampshire will get
the money. Such a contamination is
devoutly to be avoided. 1t is now too
late to avoid it if the Brattleboro COM
missioners can not grant any more HI
censes during the present license year.
The question then resolves itself into
this-How far would the license COM
missioners have been justified in TAX
ing the welfare of the community into
consideration in interpreting their
duty under the law? How far is any
public official justified in taking cir
cumstances into consideration in the
performance of his duty? Has the
policeman any business to think when
he finds a drunken man whether the
man and the public will be better or
worse for the mans arrest? Is it
drunken man home instead of locking |
the man up? Is it right to do anything |
except harshly and literally enforce the
law? If it is-if it is ever right to en-
force the law with discretion, then the |
have been hasty; If 1t
Is never right to reason why, never |
right to give warning never right to
twist the law the least little bit, then
the commissioners are secure from
criticism. Valor in the performance
of duty is undeniably praiseworthy.
In matters of duty is discretion the
better part of valor?
1t is a question which the Reformer
makes no attempt to answer. We are
For discretion but we do not say that
It is demanded. OF only this much are
had attempted to per-
suade the licensees that no infringe
nent would be overlooked and then,
after fair warning, had revoked the
licenses for cause, public opinion would
De more decisively with them. Or If
hey had taken into consideration what
seemed to be, in two cases at least, ex-
circumstances, and placed
hose two licensees on good behavior"
With loss of license pending at any
line, the people would have been bet
er pleased.
AS it is the result, though a distinct
gain for the local option law and a
glorious example for certain license
owns throughout the state, is mis-
ortune for Brattleboro and promises
o bring about condition which we
most particularly wished to avoid.
Whether the license commissioners are
It all to blame for this depends on how
ar an officer of the law is justified in
lsing discretion as to the enforcement
f that law.
In some measure the law itself is at .
ault-a fault which the next legisla- d.
ure should remedy-in not providing
or the reissue of licenses if the COM
nissioners deem it expedient.
If the sales to minors could not be
topped in any other way this way was
lbsolutely necessary.
The Taxation" of School Children.