The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1855-07-06
Great Cry, but Little Liquor.

Under this head, the Portland Advertiser gives
the following account Of the decision Of Chief
Justice Shepiey, Of Maine, which is 80 rejoicing
the hearts Of the liquor dealers and their allies in
this neighborhood:
"There was great rejoicing among certain cir
eles in this city on Friday evening, over the news
which il was said had been received from Angus
Ia, ,ha, Judge shepley had decided ,ha, Justices
Of the Peace, and Judges OF the Police and Mu.
nicipal Courts, had no jurisdiction in single sales
Of liquor, under the second section OF the Liquor
Law, unless such jurisdiction was expressly CIV
en- ia the &c, establishing such court. The ground
Of the decision. as we understand Il, is this. The
senersllaw, regulating the jurisdiction OF Justices
Of the Peace, does not give them power TO fine
and imprson TO the extent Of the provisions OF
this section Of the s,a,u,e-and there being no
special provision in the Liquor Law itself confer
ring jurisdiction, such cases mus, so the Supreme
Court.
That II was the intention Of the Legislature 10
give jurisdiction TO justices Of the Peace, there
can be no doubt-lor the forms for prosecution
under said section, which are made part Of the
Law, are for Justices Of the Peace, and IL they
had jurisdiction. But still, there is no special
provision TO that effect, and we understand that
Judge Shepleys decision is 10 the effect that the
penalty being beyond that specified in the general
law regulating the jurisdiction OF Justices OF the
Peace, they mus, go to the Supreme Cortland
the with reference to the jurisdiction of Pe-
lice and Municipal Courts.
The omission 10 give jurisdiction in these cases,
to Justices Of the Peace and Judges Of the Police
aud Municipal Courts, probably occurred in this
way. The law Of 1851 contained a special pro-
vision giving such jurisdiction. The law Of 1853
was silen, at this point. but il purpored 10 be
an act additional to that OF 1851, repeating only
such PORTIONS Of il as were iReoHJiStsst with the
law Of 1851, the provision as TO jurisdiction re-
NAMED unrepcaled. The law OF 1855 vas probs,
bly, drafted from that Of 1853, which we have.
said was only an additional ae,, aus was si!eot Us
10 jurisdiction, but a, the close, the law Of 1855
repeats the laws Of 1851 and 1853.
The practical operation Of this decision will be
this. Thus Car, the contested cases under this
section which have been tried in the Police Court
In this city, the accused, we believe, have invari-
bly, appealed TO the Supreme Court when the de-.
cisiOn has been averse to them. According TO this
decision Of Judge shepley, the defendants will
be discharged on the appeals, for want Of jurisdic
ton OF the courts below. But, in the meantime,
the e.denee in the several cases can be laid be-
fore the Grand Jury in attendance upon the SUI
preme Court, and indictments being found, the
accused will be araigned and tried on these in.
dic,menis, instead Of being tried on their appeals
from the other court. This VIII be the effect Of
the decision with reference 10 cases which have
been already appealed
In future, under this decision, Justices Of the
Peace, and Judges Of the Police and Municipal
Courts no, having jurisdiction Of cases under this
section, will bind over the accused, who may be
found guilty on n preliminary examination, to the
Supreme Court having final jurisdiction. The
cases, therefOse, will go directly 10 that court,
without an appeal, as would be necessary IL the
Justices Of the Peace, anu Police and Municipal
Courts, had jurisdiction.
/ The reader will ut once see that usl.r this de.
eisiou, those who contest these cases to thu
have now no greater chances to finally escape
with immunity, than they would have under con
siructon Of the law which would give jurisdiction
10 the lower cour,s-i0r in one they SO TO the
Supreme Court on an appeal, and IN the other
they give bonds to appear before the same ,ribu'
nal, 10 answer to the same charge, with the same
evidence agains, them. VIVA, grea, matter Of re.
joieing the enemies Of the law can find in this de-
eision, we leave every reader 20 judge.
I, should be understood that this decision in nc
way Affects the search and seizure clauses Of the
law in which jurisdiction is specially given TO Jus
,ices Of the Peace and Judges OF the Police and
Municipal Courts.
The Advertiser says, further, ,l.at Judge Ap
pleioa was not prepared to concur in the decision
Of Judge shePley, and Judge Tenney did mo- par
ticipaie in the consideration OF the case.
The Municipal Court Of this city e 10 no
vice affected by the recent decision Of The
Supreme Court-the act forming the Cour
giving to the Jude to impose fno Of $50.