The Montgomery advertiser., 1907-11-10
(communicated.) !


 xhe people of Vermont adopted pro- hibition in 1852, and many of them rested con fident for period in the be- lief that in 1t remedy had been round for the evils of intsmperance more swift and sweeping than the tedious and slow processes of moral suasion. ! II soon became evident that under the prohibitory law, intemperance was not decreasing, and the law was no. being enforced, and that the macninery for the enforcement of ordinary laws s1pported by public sentiment was wholly inadequate to insure the en- forcement of prohibition. A resolu- lion was passed by the lower branch of the Legislature in 1853, appointing special committee to consider the matter This committee repRrted that prohibition had produced mAny evils, had trespassed on the liberties of the citizens unjustifiably, and had in- creased the drinking habit instead of diminishing it, and recommended that the law be repealed. This recommen- dalton, after prolonged debate, was voted down, by vote of s1 to 90, and prohibition continued the policy of the state.
 Unusual Measures Adopted.
 The friends of the law, realizing that prohibition, in regard to which sent- ment was divided, could not be en- forced as ordinary laws are enforced, now sought from the State Legislature unusual and severeH means of enforc- ing the law. These in turn. proving futile, more and more drastic laws were demanded at each succeeding ses- sion of the Legislature. Ingenuity was taxed to devise means for enforcement of the law. Succeeding legislatures for fifty years granted freely whatever the prohibitionists asked, and the stat utes relating to the enforcement of prohibition eventually became approx imately as voluminous as those apply ing to all other crmes and misdemean- ors Whatsoever.
 Search Without Warrant.
 In the struggle to make the law more effective, essential principles of Amer ican government were ignored. It was decreed that the home, baggage and even the person of any citizen, sojourn- CT or traveler in the State could be searched for liquors without warrant, and on mere suspicion. Tn such search any 1iouor found either on the person or elsewhere, no matter for what pur- pose intended. was confiscated, and the person in whose possession it was found arrested and held guilty of vio- lating the prohibitory law, unless he could prove the right to have the liquor in his possession. Under this law, no visitor to the State could carry his own llauors for strictly personal use. Any one so inclined could stop any person on the highway. search his person and baggage without warrant, and seize any liquors which might be found in his possession. The law. instead of foIlowing the ordinary rule which con- siders every man innocent until he is proved guilty, held those, in whose pos- session liquor was found, to be guilty until they proved themselves innocent.
 Severe Puniahments Decrced.
 More and more severe punishments for the violation of the law were de- manded until those fixed therefor grew to be out Of all proportion to the char acter of the offense The penalties in many cases meted out for violation of the prohibitory law were greater than that inflicted for any crime, other than murder, in the State. In the celebrated ONeii case, in 1882. imprisonment for nearly 100 years was inflicted for sell ing liquors In many cases. men were sent to prison for violating this law for longer periods than they could live.
 Right of Trial by Jury Denied.
 The prohibitory law declared any place. where liquor was kept or sold Co be nuisance, and then invoked the Jurisdiction of the chancery courts to enioin such nuisance, and thus the right of trial by jury was denied, and the constitutional right nullifed.
 The Accused Must Testify Against Him.
 seif--The Court . Prosecuting
 Officer.
 Under what was called The Disclos- ure'' the fundamental principle that no man shall be bound to give evidence against himself was violated.
 The statute imposed on the judge the duty of drawing out by "Inquisition Proceedings" the testimony upon which prosecution might be founded, and on which a man might be brought be- fore the same judge for trial who was thus constituted detective, prosecutor and judge in the same action. Under the 'Disclosure" proceedings every man arrested for intoxication must disclose to the, satisfaction of the judge the place where and the person of whom