The Barre daily times. (Barre, Vt.) 1897-1959, 1907-05-06
Complications Arise In the
Local City Court
JUDGE SCOTS RULING
IS. 0sterberg First Arrest Under New
Law, Proved to the Judge That Ha
Neither Spat nor Epectorated,
But Was Sick.

L
The first case under The new eSpecto-
rating law to come up III the city, and
possibly the first in the state, was heard
Saturday afternoon before Judge Scott
and ended in the prompt discissal Of the
respondent as the Judge decided that the
act of erecting matter from the
stomach IS not expectorating. Incl
dentalIy, the Judge gave It as his opin-
ion that splitting and expeetorating are
different things and the act Of throw
4 ing off saliva or tobacco from the mouth
would not be included under expecto-
rating. Others, however, differ ma
terially from Judge Scott's viewpoint,
although they do coincide with his
opinion that under the present reading
Of the law the officers afresting for ex-
pectorating On sidewalks and other pub
I JIG places must first secure warrant.
Officers are asking each other where the
offenders would be while the warrants
were being sworn out.
s. 0sterberg who drifted north from
Savannah, Ga. five days ago and went
to work granite cutting at Mortified
was the cause OF all the discussion
Osterberg contracted malaria In the
south and his physical condition after
! warking two days in Northfeld was
such that he had to come to Barre to
get treatment. This be found in one
OF the saloons.
declared he to Judge Scott, m then
took sick"
IL was during this attack Of sickness
that Patrolman Carle happened along.
The officer decided that here was q case
Of expectorating ON the sidewalk if ever
there was and % arrested Osterberg
near the Depot square corner. Oster-
berg did look as il he was sick when
he was brought before Judge Scott, but
whether from malaria or not is a diff
ferent matter The Judge heard the
man and officer and then told Osterberg
that he was discharged, whereat the
man left looking satisfied.
The Judge, after consulting one or two
dictionaries, gave it as his opinion that
/ the act of expeetorating means rails
! ing from the lungs. or hawking. and
4 that such act must preeede the splitting.
But Webster's International Dictionary
OF 1904 gives the following definition;
ssExpectorate; to discharge matter
from the lungs or throat by hawking
and splitting; to spit"
which shows that axpectorate IS the
broader term and includes the act OF
splitting.
Following the same dictionary fur
ther it viii be found that the verb
to spit means TO eject from the mouth;
TO throw out as saliva or other matter,
from the mouths
4 In determining the meaning Of law
also, the intent of the law makers Is
generally taken into consideration.
Senator Frank G. Howland, who I'M
! troduced the anti.spitting law in the
last Vermont legislature. says that the
intent was TO prohibit splitting tobacco,
saliva, etc, on sidewalks and IN other
public places, except in proper recepta-
eles. and also that during the committee
hearings on the measure these things
were taken into consideration.
Thus, speaking from the STANDPOINT
Of Noah Webster, late edition, and Of
/ the lawmakers, 1t would constitute a
misdemeanor to spit on the sidewalk
although it may be necessary TO 20 up
e a supreme court 10 get a final in
terpretation. Recently many people
ihNe DfOkeH over InE good UabiL con-
tracted when the anti ti.spitting signs
were put up.
/ Offenders in Court.
| Three arrests for intoxication and one
for breach of the peace is the total Iist
arraigned in the city court this morning.
w A. Martin was arrested carly Sun
Cay morning By Officer Hamel and be
pleaded guilty to second offense. He
was fined SIS and costs Of $3.50 and
paid. Charles Nynond was also arrest
Cd yesterday by Officer HRmel on the
charge of breaking the peace TO which
oflense he pleaded guilty and paid a
total of Sf345 Harry Kneeland was
arrested Saturday night by officer
Gamble for intoxieation. and pleading
guilty paid $3.50. Joe Ioard was also
found by Officer Gamble attempting to
get away with too heavy . load, and
this morning Loard said he was guilty
Of int0xication. He was fined q total Of
$1306 and settled.
Later in the day G. IT, Cummings,
who was arrested for being drunk Sat
urday night by special officer McIver
pleaded guilty and contributed totNl
Of S12S5