The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1909-10-14

Vne Selectmen, on proper application,
are to establish the bounds of such
village. The word bounds clearly
implies that there shall be set out and
described territory or tract. If the
term village under our statute laws,
does not mean an incorporated viii
lage, how are we going to determine
where the boundaries in town begin
and end? And how are the commits
sioners to determine the boundaries in
granting license to community not
incorporated, if the town within which
it is located is one that borders on an
adjoining state? In this particular
case, how could the license commits
sioners determine that the South YER
non house is within the bounds of
village within the meaning of our
laws, and that some other building
located in the town of Vernon is not
within the bounds of that village?"
Attorney Daley, for the plaintiff
went on to say that the term village"
as used, even if given a very liberal
and broad construction so as to cover
any community that is large enough
to incorporate under our statute,
South Vernon would not come within
the meaning of the term because it
does not contain the required num-
Der of houses.
The evidence of the plaintiff is to
the effect that South Vernon contains
only % houses and part of three
others, while the evidence of the de-
PENDANT says gives the number of
houses as 30, and included in that
number are three or four houses. the
plaintiff alleges lying almost wholly
within the state of Massachusetts,
| If the court is of the opinion that
the term village as here used does
not necessarily mean an incorporated
village, and also that the community
need not have enough houses to en-
able it to incorporate under the
statute, the plaintiff insists that that
part of Vernon known as South YER
non is not the chief village of the town
of Vernon"
The attorney then compared the
two places, citing their populations
and church, social and commercial
interests in an effort to prove that
Vernon and not South Vernon was the
center of population within the mean
ing of the statute.
The attorney said that according to
the freight agent at South Vernon AL
derman, the licensee, receives a
monthly average of "a barrels of beer
a third of a barrel of whiskey and a
third of a barrel of rum. He intro
duced this evidence to show that the
saloon as now located is more for the
accommodation of the people of the
adjoining states than it is for the peo-
pie who granted the license as il
would be impossible for the small
number of people living in Vernon tC
consume that amount of beverages
Continuing, Mr.. Daley said
eff the court finds that there is nc
. village in the town of Vernon within
the meaning of the acts referred to
or that South Vernon is not the prin
cipal village within the town of Yer
non, the granting of the license to the
defendant or the findings by the com
missioners would not authorize thu
, dafapdant IN continue RI coll iptoyi
eating liquors on the premises nov
= used.
: I'VE insist that the acts referred t,
l are in the nature of a reciprocity be
t tween the states, and that the true in
r tent and meaning of the acts is to pro
tect the inhabitants in adjoining
e states from just such business an,
4 nuisance as is being conducted by tn
n defendant. That those acts are rem
0 edial in character, and should receiv
o a broad and liberal construction t
+ the end that our sister states ma
t pass similar acts, thereby wiping on
d the evil of state line houses forever.
v The defendant, Mr.. Alderman, wa
e represented by Attorney K. C. BacoI
g of Brattleboro. He filed a motion
i quash the complaint and answere
e the plaintiffs charge by saying tina
the town of Vernon voted to licens
: the sale of intoxicating liquors at tn
= last town meeting, the appointment
s and qualification of board of licens
e commissioners, the granting in du
e form of a first-class license and tn
If adjudication of the commissioners
e that South Vernon is the chief an
J. principal village in the town of Vel
l. non.
= when the commissioners act upo
It applications for licenses they are pei
n forming judicial duties, for they hay
IL to find from the evidence whether c
e not the applicant is entitled to a /
cense, and determine the amount of
l. fee he should pay" said Attorne
3 Bacon.
o Mr.. Bacon said that they must ais
IS determine the question of fact as I
l. which is the principal village or SCI
a Element of the town where the licens
re is granted and their finds as to ia,
o are res judicata unless their actions
IS refusing to grant the licenses al
J. prompted by corrupt motives, c
:, amounts IN q gross ahuse Of dicor.