Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1904-08-12
E. w. oibson's Statement
70 the Editor of The Phoenix,

Dear Sir:-It is a pleasure to comply
with your request for statement of my
views upon the probable treatment of the
license local option law by the legislature
Of this year II is the citizens right to
| know Of the views of candidates. 1t is
then his highest privilege to vote as his
| conscience dictates.
In my opinion, the law should be con-
tinued in force The legislature of this
| year should not attempt to repeal nor to
amend IT so as to take away the funda-
mental principles upon which IL rests
Either political party would be open to
! the charge of bad faith If it favored re-
peal or radical amendment at this time.
In justice to citizens who are earnestly
striving for a solution of a serious prob
lem. in furtherance of the cause of tenn
perance, and in fairness to ourselves we
should give the present law a full, fair
and impartial trial before attempting TO
repeal it,
When the coming Legislature deals WITH
the law, constitutional defects should re-
ceive the first consideration; afterwards
such amendments as will tend to make
clear the meaning and remove doubt
! where it now exists: tnen such amend
ments will perfect and strengthen,
add efficacy to it's underlying principle,
and give us the best local option law pos
sible.
There are now pending before the Su-
SQuafelN
question the constitutionality of the act.
The exemption from the prohibition of
Section p OF the sale of cider by the
barrel by farmers who raise sufficient ap-
pies to make the cider which they SELL
is claimed to be class legislation such as
is prohibited by the state constitution,
wherein IL provides that government is
or ought to be for the common benefit,
protection and security of the people, ma
tion or community, and not for the par
ticular emolument or advantage of any
single man. family or set of men who are
a part of that community" The fur
ther exemption of sales by the makers
thereof of native wines manufactured in
this state" is also claimed to be un-
constitutional. This exemption seems to
operate as a discrimination against inter-
state commerce. and is probably within
the rule SO often announced by the Su-
preme Court that legislation forbiddng
the sale of a commodity of foreign pro-
duction. and permitting 1t of home pro-
duction. is unconstitutional. Other por-
tions Of the law are also under attack.
The constitutional defects appearing in
connection with section Il can be reme-
died by careful legislation. without sac
rihcing in the least degree the benefit to
the farmers.
As to amendments which would tend
to remove doubt as to the meaning of the
law. the legislators should make such
change as will make clear the effect of a
mo" vote given at the next meeting af
ter the granting of the licenses upon the
duration OF such license. For illustration,
take the town Of Rutland, which voted
yes" at its last annual town meeting.
The board of license commissioners has
not yet granted a license. In case the
commissioners decide later in the year,
for instance Jan. l. 1895. to grant a IL
cense, and the town votes mo" at its
next annual town meeting. when does the
license so granted cease? All licenses
should expire upon n certain day. with a
provision for proportionate fees for parts
of the year.
Provision should be made so that the
holders of fifth class licenses would not
be subject to n now possible handicap in
the conduct of their business. To illus
trate the law provides that the holders
OF this class Of licenses shall obtain a
book Of recore before beginning business
from the county clerk. 1t also provides
that the book shall be issued only on the
last day of any month. In case a license
is granted on the first day of the month,
the lcensee would have to wait until the
last day of the month before operating
under his license.
The sections relating to search for and
seizure of intoxicating liquors are eN-
tremely crude. No opportunity is pro-
vided for claimant to assert his rights,
because there is no prescribed method of
giving him notice of when or where the
warrant is returnable.
The sections relating TO penalties are
very incomplete in specifying what are
deemed violations of the act, such as to
subject one to the more comprehensive
provision contained therein. Amendments
should be enacted so as to leave no doubt
as to the penalty which the law imposes
/ for each act of violation.
The limitations to who may become
surety for a licensee, and as to what class
I of licensees may sustain civil actions to
recover purchase price of liquors sold.
/ are open TO attack on constitutional
grounds and should receive the attention
of the Legislature. The matter of free
/ lunches for rooms in which the license is
/ operated, and the matter of a disclosure
provision are important questions for con-
sideration.
Your attention is called to only a few
| specific instances where the law is not
clear and where it can be remedled by
careful legislation so as to perfect and
make it stronger
Provisions as to sales to minors should
be strict I am not aware that any one
claims the law in that regard should be
otherwise, or that the present provisions
be changed.
know of no demand for a change per-
mtting restoration of licenses to licensees
from whom they have been taken for lille
gal conduct.
1t is to be regretted that the scope of
your request is confined to the license
of Importance which the legislature of
this year ought to consider.
Locally. all Brattleboro people are in
terested in securing better transportation
facilities, the present lack of which is a
great handicap to the future growth of
the town, and the early realization of
which will greatly enhance the chance of
securing the Connecticut river dam. I am
heartily in favor of any proper legislation
in that direction, and If the present char
ter for the dam as drawn needs possible
amendments to meet new conditions and
new requirements, as has recently been
suggested, such amendments should be
enacted will properly protect the char
ter and all our interests.
In the broader field, a caucus law a
weekly payment law, and an act giving
the railroad commissioners a greater
power to better safeguard the interests OF
the people of the state commend them
selves to consideration.
Very truly yours,
E. W. GIBSON.