Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1906-08-10
Supreme Court Decision Wanted.
bellows Falls Tlmes.1


The hearing before the license com
missioners Saturday brought to the front
again the question of whether Bellows
Falls and the communities similarly sit
uated are at the mercy of New Hamp-
shire bottllng houses and fake express
companies. II was freely charged by
two members Of the local bar that YER
mont law is being violated on the streets
of Bellows Falls. For some years North
Walpole liquors have been delivered in
Bellows Falls as freely as dry goods or
any other article of merchandise. When
the town voted no-license the no-license
people made no effort to stop the traffic
and one Of the principal arguments for
voting for license last spring was that
the temperance people had done nothing
to stop the North Walpole traffic and
that the town might Just as we'll have
saloons of its own as to have North
Walpole portable saloons" doing the
business and the town get no revenue
therefrom But under license the same
conditions continue. The license advo-
Gates have made no more effort to stop
the North Walpole traffic than the no
license advocates did The policy they
recommended to others has lost its charm
since March meeting. So far as we have
learned George A. Weston is the only
man in town who has made anything that
resembles a complaint He made the
verbal charge at the hearing Saturday
that the law was being violated and
asked the license commissioners to in
vestigate. The commissioners refused to
entertain the complaint unless II was
submitted in writing. 1t was not so
submitted and the question is just where
It always has been
The agitation for a second class license
is kept alive to quite an extent by those
who want to test the legality OF the
North Walpole traffic. 1t is argued that
an INoxy nnlrr
class licenses the licensees will not raise
a finger against the portable bottle bust
ness. They don't dare to for fear they
will make enemies who will work to
carry the town no-license next year.
Should a second class license be granted
the holder of such a license would have
pecuniary interest in keeping New
Hampshire goods on the further side of
the river, and a pecuniary interest Is the
only interest which seems to amount to
much fighting the entertainments of the
liquor business.
The present states attorney has taken
the position and stands by 1t consistently
that North Walpole traffic is interstate
business protected by the laws of inter-
state commerce, and that prosecution
under the Vermont law would be a waste
Of time, money and effort.
With all due respect to the opinion Of
the states attorney there are a whole
lot of people who would like to read a
decision of the Vermont supreme court
on this point. They are tired of having
their ears stuffed with the varying opin-
ions OF lawyers and uncertain decisions
Of courts In other states. What they
want is a test case made OF conditions as
they exist right here, and a decision
of the highest court in the state. that
will put at rest all controversy. Such a
decision is Of great Importance to every
border town in Vermont II the supreme
court says that the beer carts from New
Hampshire which do business in Bellows
| Falls. Brattleboro and other places are
doing an interstate business which is
protected by ,ae laws of interstate COM
| merce, the decision will be worth all Il
| costs, but II the court should decide that
the law of Vermont was being violated
| by parties not protected by the laws OF
interstate commerce the game would GER
| tainly be worth the powder What we
want is a decision, no matter which way
| II decides. This matter will continue n
| bone of contention at each annual town
meeting. until the supreme court has been
| given an opportunity to settle the ques-
| tion once for ALL
But who is going to bring the question
before the proper tribunal? The COM
munity looks first to those who by the
votes OF their fellow citizens have been
elected to executive office. The position
of the states attorney Is known to ALL
He will not take the initiative, but will
prosecute any complaints made In due
| form by others. The license commits
sioners, the high sheriff, any OF his
deputies. the constables. the police could
raise the issue. and in the opinion Of
some II is their duty to do so. but they
have not Any citizen could make a
complaint. but no citizen has in the form
requested, all Of which leads to the
conclusion that in the discussion of the
whiskey question there is always the
maximum Of blum and the minimum OF
sincerity