SEC. 6571. Sentence.-In case the fine and costs for a subsequent offense of being found intoxicated are not paid within 24 hours, an alternative sentence of imprisonment in the county jail for as many days as thrice the number of dollars to be paid by the sentence, including the costs of commitment, shall be imposed, and such costs of commitment shall be fixed by the court and included in the sentence. In case a fine and imprisonment are both imposed, the alternative sentence as to such fine shall be the same as where a fine only is imposed and shall take effect at the expiration of the term of imprisonment, and but one mittimus shall be required therefor.

SEC. 6577. General penalty.—A person who willfully violates a provision of this chapter for which other penalty is not prescribed shall be imprisoned not more than three months nor less than one month or fined not more than $200 nor less than $50, or both.

SEO. 6578. Length.-A sentence of imprisonment under this chapter, either cumulative or on failure to pay fine and costs, shall not exceed the term of three years.

SEC. 6579. Persons liable.-A husband, wife, child, guardian, employer, or other person who is injured in person, property, or means of support by an intoxicated person, or in consequence of the intoxication of any person, shall have a right of action in his or her own name, jointly or severally, against a person or persons, who, by selling or furnishing intoxicating liquor, have caused in whole or in part such intoxication. If such intoxicating liquor was sold or furnished to such person in a rented building, and the owner of such building, or his agent in charge thereof, knew or had reason to know that intoxicating liquor was sold or kept for sale by his tenant in such building contrary to law, said owner may be joined as defendant in such action, and judgment may be rendered against him. Upon the death of either party, the action and right of action shall survive to or against his executor or administrator. The party injured or his legal representatives may bring either a joint action against the person intoxicated and the person or persons who furnished the liquor and the owner of the building, or a separate action against either or any of them.

SEC. 6591. Justices.-Justices shall have concurrent jurisdiction with county, municipal, and city courts of prosecutions for intoxication, and of all offenses under this chapter to which the respondent pleads guilty; but in other prosecutions under this chapter they may cause the respondent to be apprehended and committed to jail, or bound over with sufficient sureties, by way of recognizance, for his appearance as provided by section 2584.

SEC. 6605. Searches.-When a sheriff, constable, or police officer makes a search for intoxicating liquor by direction of a lawful warrant, he shall receive as fees for such service $1 for the search, and 10 cents a mile for necessary travel one way, and such sum as he shall actually pay out for necessary assistance, if deemed reasonable by the auditor of accounts, and if the officer makes oath that the money was so expended, stating the name of his assistant and the amount paid.

STATE JUDICIARY

The supreme court of Vermont, consisting of one chief and four associate justices, elected by the legislature for life tenures, is vested with exclusive jurisdiction "of such petitions, not triable by jury, as are by law brought before it, and may issue and determine writs of error, certiorari, mandamus, prohibition, and quo warranto and other writs and processes to courts of inferior jurisdiction, to corporations and individuals, that may be necessary to the furtherance of justice and the regular execution of the laws, and may try and determine questions removed thereto pursuant to law." (General Laws of Vermont, 1917, sec. 1587.)

County courts, established in each county, function with superior judges, elected as above, who hold court in several of such subdivisions of the State at various periods during the year. Five of the latter officers, now assigned to such work in Vermont, are assisted in each county by "side judges" elected by the people biannually. The latter, usually not lawyers, are empowered to sign various docu

ments in the absence of the superior judges, care for the upkeep of the court house, and sit in at all trials. The office of "side judge is said to have been originally created on account of a native distrust and suspicion of members of the legal profession generally. The usual incumbent of such office, lulled to sleep by unfamiliar legal terminology, dozes comfortably during the progress of cases prosecuted in the above courts.

County courts "exercise original and exclusive jurisdiction over all original civil actions, except those made cognizable by a justice or by a municipal or city court and of such petitions as may by law be brought before such courts; and appellate jurisdiction of causes, civil and criminal, appealable to such court, and may render judgment therein according to law." (Id. sec. 1604.)

The law also provides that "each county court shall have original jurisdiction of prosecutions for criminal offenses within their respective counties, except those made cognizable by a justice or by a municipal or city court." (Id. sec. 1605.)

Municipal and city court justices, appointed biennially by the governor, exercise jurisdiction throughout the county of their location, except as otherwise provided by law, to try and finally determine prosecutions for misdemeanors committed within such subdivision of the State. Appeals from the judgment of such courts is not allowed. (Id. sec. 2565.)

The law also provides that above tribunals may pass sentence in felony cases involving pleas of guilty, where the maximum penalty is less than life. (Id. sec. 2567.)

Sixteen of the above courts are now established in various Vermont communities.

Justices of the peace, elected for 2-year tenures, may, by law, try and determine criminal prosecutions in which a fine of not more than $10 is assessable. (Id. sec. 2770.)

FEDERAL JUDICIARY

Vermont constitutes one Federal judicial district, presided over by one Federal judge, and to which is assigned one prosecutor and an assistant. Terms of court are held during the year at Burlington, Brattleboro, Montpelier, Newport, and Windsor. Juries therein are entirely satisfactory, but have recently manifested an inclination to acquit in prosecutions involving violations of the Jones law. During the fiscal year ending June 30, 1929, 76 per cent of the prosecutions instituted in such court resulted in convictions and 49 per cent of the latter total received jail sentences.

Both the Federal judge and the United States attorney are capable Government officers, interested in prohibition matters, and desirous of working harmoniously with other governmental agencies in the State.

STATE ENFORCEMENT PERSONNEL

Sheriffs elected biennially receive little but the bare honor of that office in the way of remuneration. County attorneys are likewise poorly paid. Such officers, however, are for the most part active in connection with enforcement work. Constables act as police officers

in the smaller communities and are also officers of justice of the peace courts, functioning in the latter capacity for service of papers, arrests, etc. Local police organizations in various Vermont cities are few in numbers and not overactive with respect to prohibition matters. The total personnel of such bodies in the larger cities are as follows: Burlington, 28; Rutland, 15; Montpelier and St. Albans each have 3.

FEDERAL ENFORCEMENT PERSONNEL

A deputy prohibition administrator, directly responsible to the administrator at Boston, Mass., is charged with the duty of enforc ing the Federal prohibition law in Vermont. Such officer functions. with 8 agents, distributed as follows: Rutland, 3; Waterbury, 2; Newport, St. Johnsby, and Burlington each have 1.

Colonel Hyland, the present deputy therein, commander of a negro regiment in France during the World War, native Vermonter, and an experienced executive, is able, due to influential contacts throughout the State, to secure cooperation from most local lawenforcement bodies therein. Though enforcement problems there are not complex or perplexing in any manner, a constant degree of policing is necessary, and Colonel Hyland has demonstrated ability in that respect.

UNITED STATES CUSTOMS SERVICE

Smuggling operations from Canada, over the Vermont line, are a source of constant difficulty to customs authorities in that collection district. Conditions in that area are especially favorable to automobile smuggling. The proximity of Montreal, adjacent populous Canadian territory, and excellent highways leading from the latter Dominion municipality direct to profitable markets in Massachusetts cities, all add to customs enforcement problems in Vermont.

"The Vermont border is a real hot spot for smuggling," stated one customs executive to the writer. "The rum runners procure contraband from the Government stores in Montreal and then dash in fast automobiles over splendid roads direct to Massachusetts cities-unless, of course, our customs patrolmen don't get them first. Next to the northern New York border, the Vermont line is one of our toughest problems along the northeastern frontier."

Ports of entry along the latter dividing line are located at the following places: Alburg, Beecher Falls, Canaan, Derby Line, East Richford, Franklin, Highgate, Newport, North Troy, Norton Mills, Rushford, Swanton, and West Berkshire.

The collector for the district maintains offices at St. Albans, which is not a port of entry. An automobile border patrol is maintained to combat smuggling operations. This organization, functioning with a well-trained personnel, has made rum running a highly hazardous occupation, as may be observed from the following seizures, made for the period from July, 1929, to April, 1930, inclusive:

Automobiles---

Hard liquors, gallons_

Beer, gallons__.

Alcohol, gallons

Horse-drawn vehicles_.

128 4, 807 11,016

40

15

Seizures made by the regular customs personnel at ports of entry for the same period were as follows:

The personnel of the Vermont customs border patrol totals 50 men,

distributed as follows:

1 St. Albans also has 1 chief customs patrol inspector and 2 mechanics.