The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1916-02-11
Condemns the Perry Bill.


We were very much interested in
the editorial, from the Randolph Her
aid and News which appeared in this
paper last week, with reference to the
Perry Act. This paper stands and al
ways has stood for temperance and as
an earnest OF that fact we would call
the attention of our readers to the
files of this paper for the last thirty
four years and say that nowhere in
any edition of this paper has there
ever appeared-a liquor advertisement.
This paper stands for the best inter-
ests of the village, town and state and
in saying that we are not in favor OF
the Perry Act we do not want to be
misunderstood as saying that we are
not in favor of temperance and the
best temperance laws which can be
enacted and enforced. But when it
comes to endorsing this act we say
that we cannot do so and we also say
that in our opinion it is not for the
best interest of temperance that 1t
should become a law. We have ask
ed David S. Conant Es., to write
from the legal standpoint an editorial
on the Perry Bill, it Is as follows:
Section of this act reads in part,
mo person shall furnish or sell, or
expose or keep with intent to sell,
any intoxicating liquor and constru-
ing that with Section &c which reads,
"A person who furnishes or sells, or
who exposes or keeps with intent to
prisoned not more than twelve
months nor less than three months,
or fined not more than one thousand
dollars nor less than three hundred
dollars, or both" means, IL 1t means
anything taken in connection with the
whole context of the Act that alcohol
in any and every form Is absolutely
prohibited within the state of Yer
mont after this Act becomes law, ex-
cept that,a person may have it in his
dwelling house or he may have any
quantity of hard cider in his cellar.
One other thing that appears to US
as being something that Will bring
great disfavor upon the law and by
the way it makes no difference how
good the law may be, II public opin
ion Is against 1t, there Is no expecta-
ton that the law would or could be
enforced and that Is Section Is which
reads as follows. III any officer has
reason to believe and does believe
that intoxicating liquor is kept or con-
cealed in any conveyance or baggage
being conveyed along any highway he
shall search the same without q war
rant" What does this mean? What
is the fair import Of this language
and what are the results? Are they
trivial or are they far reaching? If
the law was to be enforced to the let
ter, does not this act give to any of
ficer in the state of Vermont the right
to stop in any highway a physician
and search his carriage, automobile
and medical case? And would not
the officer be protected under this
act provided 1t is CONSTITUTIONAL in
so doing il he simply said he had rea
son to believe that certain medicines
which the doctor was carrying In hi
casa contained more than one per
cent alcohol? 1t may be said that
th.s Is an extreme illustration. For
the purposes of argument admit that
that is so. Do the people of Yer
mont deliberately desire to place inf
the hands of any and every offlcef
within the State the right to stop and
search without warrant any and
every person and vehicle on any high
way in the State, simply upon the
ipse dixit Of such officer? If the
people Of Vermont want their rights
and liberties curtailed and the right
to travel upon the highway in the
State as their pleasure and bust
ness may dictate practically destroy
ed, then vote for the Perry Act, other.
wise vote no. We have lived and
noted the conditions under the pres
ent high license act, and we say il
without fear Of contradiction that the
present high license jaw is the best
temperance law and better enforced
than any temperance measure which
the state has ever enacted, and il
our opinion it Is much better and
stronger temperance measure thar
the Perry Act can ever possibly be
Under the present law the question OF
temperance, the question license OF
no license in the various towns, as
has been well said, is live issue,
discussed, talked about and brought
to the attention of the voters and
their families, but il this Perry Act
becomes law the responsibility is
thrown entirely upon the state. There
is nothing to discuss or talk about
and because Of its foolish and drastic
usurpation of the inherant rights and
liberties Of the people 1t will become
SO odeous to the people that it's en-
forcement will become laughing
stock and nMlity.-Bradford Opinion