Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1904-07-01
DUMMERSTON VS.. ROGERS
SELECTMEN HAVE HIM ARREST.
ED FOR SELLING LIQUOR.
Case Will Be Heard Before a Jury
Tomorrow Morning - Licenses
Were Issued by Secretary Of State
but Town Clerk Refused Signature.

The Dummerston trouble brewery.
which has been closed temporarily,
began doing business again Wednes-
day and expects TO have its book
ready for the fall term of county
court. on complaint of the Dum-
merston selectmen Fisk G. Rogers
was arrested Wednesday morning by
officer Knapp on writ issued by the
states attorney and charging Mr.
Rogers with keeping liquor for sale
without a license, and also for selling
without a license at IL different times
The case came up before Justice F. d.
E. Stowe Wednesday afternoon at
$3.50 in Townshends hall, West
Dummerston. Mr.. Rogers entered
plea of not guilty and arrangements
for a jury trial We're begun at once.
BY 6 o'clock the following names had
been drawn and accepted: Hoyt
Spaulding, George Crosby, Charles
Crosby, G. B. Field L. l.. Stark and
C. F. Reed. The case was continued
until 8 o'clock Saturday morning and
Mr.. Rogers gave a bond for appear
ance at that time.
This move on the part of the Dunn
merston selectmen is simply break
ing out of the factional fight which
has been stirring that town for the
past two years When the present
selectmen were chosen last March
one of their first acts was to appoint
new board of license commission
ers. The old board however, ques-
toned the authority of the select
men to GUST them in such manner,
and so continued to exercise their
authority as if nothing had hap
pened. The town having voted for
license by small majority Mr. Rog-
ers made application to the old Al
cense board for renewal of his IL
censes. These We're granted after the
proper formalities had been gone
through with. and We're duly issued
by the secretary of state. But the
trouble came when Mr.. Rogers took
them to Adm F. Miller, town clerk to
have them countersigned and record
ed. Mr.. Miller claimed that in the
first place the town had not legally
declared in favor of license. and also
that the old commissioners had no
power to grant licenses. He therefore
refused to record or sign them.
Mr.. Rogers left the licenses with
Mr.. Miller TO sign at his leisure,
placed the license money in the Ver-
mont National bank subject to the
order of the Dummerston town clerk.
procured certified copies of his IL
censes to hang in his bar-room and
began doing business. This was six
or eight weeks ago and the money is
still on deposit in the bank.
Whether Mr.. Rogers is technically
guilty of selling liquor without a IL
cense is a question for some compe-
tent court of justice, and not six lay
men, to decide. In regard to the le-
gality of the actions of license board
No. |. Judge Watson has held that
selectmen have not the power to re-
move license commissioners. AS far
as Mr. Miller's position is concerned
there is a way by which he could have
been made to sign the licenses or at
least appear before the supreme
court and show cause why he should
not. Mr.. Rogers's course has been
taken according to the advice of his
counsel, District Attorney j. L. Mar
tin and E. W. Gibson, by whom he
was represented at Wednesdays
hearing,