The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1904-11-03

with or without license. 1t is ex-
pected that the Legislature will settle
the difficulty, by suitably providing
for such liquors, avoiding the errors
of the Act of 1902 as pointed cut by
the court.
The opinion was read by Judge |
Watson and took about an hour and "A
half for it's rendition. Several minor
points OF considerable interest were
decided previous to the consideration
of the main point as above. Soampini
was arrested about year ago charged
with the sale of liquor contrary to
law. He held at the time whole
ssler's or fourth class license, and the
sale charged was pint OF whisbey to
John Docherty, then city sher fl of
Montpelier. 1t was test case to
decide what sales wholesale license
permits. The respondent demurred
generally and specially, both as to the
form of the information and the sub
stance as we'll as raising numerous
constitutional questions.
The more important questions de-
cided are as follows: The court holds
that the referendum was constitution
al, as the provision by which the law
was to go into effect on one date if
the people voted yes, and at another
date if they voted no, was such as did
not delegate the legislative functions
to the people. The claim of the res
! pondent that the provisions by which
one of the license commissioners shall
| be chosen from each of the two lead
! ing parties and that the other may be
I chosen from one of those parties, was
unconstitutional as class legislation is
not decided, as the court held it was
not properly before it, it making no
difference to the respondent in what
way license commissioners are APP
! pointed, inasmuch as the charge
against him is that he sold liquor
without having first procured license
of any sort from any body to make the
sale legal. If he had no license for
the sale it was of no consequence
whether the commissioners were legal.
ly appointed or not.
The indictn ent is held sufficient in
form and definite in its wording
The court defines a wholesaler as a
person who sells goods to retailers
and not to the consumer. In making
this definition under the Act the in
tention OF the Legislature is ascer-
tanned not only from the provision
providing for a wholesale license but
FROM the remainder of the Act as we'll
When the statute is not specific it
must be construed so as to make a con-
nected whole, if that be possible.
No sale to a consumer can be made
under some other license provided
for that might not be made by
the Act. 1t is to be supposed that
he VIII olessle license must have some
purpose not covered by the other IL
oenss. 1t is reasonable to suppose
that the wholesaler was intended &c
sell only to retailers who have licen-
SEES, and not to consumers in any
amount large or small The court sc
holds.
The license comm ssouers are not
informing officers under the law as are
States attorneys and grand Jurors, ex.
cept as 10 one specific matter where
they are given that power. There
fore State attorneys and grand jurors
have right to prosecute by intorma
, tion without first having complaints
from the license commissioners. Ever
when the commissioners enter com
z plants to them, they have a right t.
use their own judgment as to thu
wisdom of prosecuting.
, The claim that the proper method
/ of attacking a licensee for violation
of the law would be by action upoI
/ the licensees bond is i'll founded
The prosecution is proper, as the &C
> ton on the bond is civil actor
while the other is criminal, so ther'
is no double prosecution,
The remainder of the opinion deal
t with the main question as stateC
s above, declaring the provisions as t.
4 native cider and light wines unconsti
4 tutional as being class legislation
. The pro forma judgment of the count.
court overriding the demurrer j
affirmed and cause remanded, TIL
same entry was made in State VS.
Charles Zanleoni, from Washington
county, which case involved the sam
questions. In State VS.. Alvin p
Hazelton, selling, Orange county, pr
= forma Judgment overriding the de
murrer reversed and cause RENAMED
Hszelton's offence came under tina
part of the law which had to do wit
cider and light wines. By agreemen
the same entry as in the Soampin
case was made in the case OF State VS.
Mrs. John Comoli. selling-anothe
Washington county case. States AT
torney Senter prosecuted in the Wash