News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1915-09-08
THOSE AUTOMOBILE FINES
BY What Authority Does Any Man Tenn
p0rize With the Courts Of Vermont?

|
Mr.. EDITOR -
There are eighty-five men in the State
charged with breaking the laws of the
State of Lamoille County when passing
certain streets in the village of Norris
vile on recent Sunday. By not making
a statutory noise these 50 men were as
sessed certain amount, advised to pay
by certain official, including fine and
costs; no process was served on anyone,
| no complaint read or warrant served
They were notified by U. S. Mail that if
they RENTED certain amount of money
to mentioned state officials they would
not be further dealt with--a compromise
to save costs.
We do not think there is any law in
this State allowing any such transaction.
When you get so far into a legal matter
that there is a respondent who is answer
able to the State, there is no method of
evading the prescribed course that the
| law marks out; you cannot legally take
from a person fine and costs without
due process of law. If you do, it would
seem a case of extortion, for the reason
that no arrest has been made, conse-
quently no appearance in court, no op.
portunity given the suspected malfactor
of being heard, no fine imposed upon the
accused IN open court, no appearance of
any kind, simply come down or we will
make you come over-a sort of official
criminal hold-up through the U. S. Mails
and extorting so much money.
In civil cases it is allowable for a man
to settle his difficulties in any method, at
any place and at any time he may please
so to do; but we do not know of any
such way under a compl amt and warrant,
where the State is party to the trans
action. What would the record be under
such a condition! Fine and costs with
out the respondents appearing in open
court and pleading guilty or not guilty.
There is no method that this can be done
by proxey. A man cannot be fined at
Morrisville and he be at Burlington and
never arrested or appear in court There
is no such thing in this State as arms
length courts, to try causes and impose
and collect fines in criminal cases. You
may default in civil cases, but we never
heard of a default in criminal case,
only when the bail was forfeited, and in
that event an arrest had been made.
What kind of record is the court 60
ing to make in these cases, and how is he
going to certify his bill of costs2 We
suppose something like this: II sent
word to HIM through the proper official
that if he did not come down with about
SO much would see that the law was
enforced, and he remitted." There has
been no court at all. No one has APP
peared or had legal notice to appear.
1t would seem to be sort of "what you
call-it!" We are OF the opinion that the
US. Mail laws prohibit any such threats |
and that the making of them is serious
matter, though the same may be based |
upon statutory wrong. Every dollar
paid under such conditions, it would |
seem to us, was improperly collected
and if improperly collected the State can.
not accept the same. If it did it would
be party to the transaction-a sort of
"a fence" and the court is in the same
situation.
If we are not mistaken the courts have
decided many times that methods of this
character are not allowable. We are not
questioning the law, or the ACCESSIBILITY
of the law, only the method of enforcing
the law.
Taking this view of the situation, every
man who has paid, as set forth, has an
action for recovery, if nothing more.
LEGAL STANDPOINT