Legal Opinion · Dissent

State v. Welch

Supreme Court of Vermont

Decided July 1, 1891Published

Statutes are never to be construed as retrospective unless made so by their express terms; especially penal statutes. Sedg. Cont. Law, p. 279; Berley v. Ramparker, 5 Due 181; Richardson v. Cook, 37 Vt. 599; Giddings v. Tur-geon, 58 Vt. 106; Com. v. Horner, (Mass.) 26 N. E. Rep. 872 ; R. R. Co. v. Cilley, 44 N. H.578; Jackman v. Garland,'64 Me. 133; Giles v. Giles, 22 Minn. 348; Vreeland v. Brumhall, 3 N. J. L. I.; City v. Hill, 29 N..

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1Dissent

ST^RT, J.

I am unable to concur in the conclusion reached by a majority of the court. The act in question was passed after the ' commission''of-the'offence charged, and provides that, “Justices of the peace shall have concurrent jurisdiction with the county court' of'offences for intoxication under section three thousand eight hundred and twelve of the Revised Laws as amended by number thirty-six of the Acts of 1888.”' The legislature had power to give this act retrospective forcé, but I think it has not done so. The act does not, in terms;' express any intention on the part of the legislature…

2Cases cited14 opinions

Dash v. Van KleeckNew York Supreme Court · 1811
In re the Will of TullerIllinois Supreme Court · 1875
People Ex Rel. Witherbee v. Board of SupervisorsNew York Court of Appeals · 1877
Smith v. LyonSupreme Court of Connecticut · 1876
Perkins v. PerkinsSupreme Court of Connecticut · 1829

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