Smyrna times., 1858-05-13
Tem3sran2a Legislation in u,ia.

ie'ui'ar interest attaches to the temaor....
legislation in Maine, in asmucb os .Lo
pioneer in the adoption of the mr., ,l,;,,;.- Tue
'em' and the fluctuations of public scr,n '!''
there nave cXerted a marked influence
people OF other States. We need no, 49,.
IN detail the progress of Legislative oo.a'I
up TO the present time. 1t is suficioo,
that the steady advance of Drobib;,o,,
ton reached its climax in 1856, in the r,s.s'
OF law whose features did not NICE, ,hoa~
ton OF the people. 1t was not. norb,n.,
thrown on Its strict merits, but was dcfsa,oI,
consequence Of one of those incidents ,a..I.'
hlgh pressure legislation is almost iDcvji,hIm
exposed In the reaction Of lS5G license ,,,'.
was passed, which might have been ,r,,oI.
good account. But its enemies wor,I
nothing to do with il, and its friends cool.
''i''N 'la' their duty bad ended with its pas.
sage as law; and consequently il has roro.in
ed dead letter on the statute-book n 81.
great contest OF 1856 the temperance ones,i,n
was waved, and nothing, therefore. voS do..-
by the Legislature of 1857. In tbo con,.., -
last fall the friends Of prohibition pIcdged ,bcD,.
selves to renewed action, with the provjso ,b,,
The final disposal Of the question shouId bo ;.c,
with the people in their primary Capacity
which pledge popular majority has enaIl,l
them to redeem. Thus we are brought to an.
other era in the history OF tcmpcranc enact.
ments of Maine.
vi 'he provisions ofthe prohibitory law adoDt.
ed the past winter, the Boston .JoarnoJ to,
gwen faIraccount. 1t isa stringent bill, Though
lar from being so " intensified " as that Of IA
The tanutacture Of liquor for authorized sales
Is permitted, and the appointment, Of one onor
agent Tor each town or city is made impor,t;ve
The penalty for illegal salcs is respectjvcIv tr
the irSt, second and third offences: $40 and
cos's' SS2O and costs, 500 and costs with tbreo
months Imprisonment. The scale Of pepaIt,s
lor oelng common seller" (Which Term NO
do not see defined in the act.A berins with sim
and costs. All liquors in the State. intended
Tor unlawful sale are declared cuntraband- =
"hen such liquors are seized by an officer,
they cannot De taken from him by writ of re.
plevin or other process while proceedings .,o
pehdIng' and final judgment on the latte; shall
De bar to all suits for recovery or for alleped
damages a dwelling may be searched. if the
magistrate, who is to grant the warrant. is sat.
lShed by the testimony OF two witnesses that Il.
quof Is kept there with the intention of jlleo
sale. Intoxicated persons found disturbing the
peace may be punished by thirty days in ia.
or discharged as the discretion of the macis.
trate shal! suggest. No action shall be main.
tanned for liquors sold in violation oflaw orfr
liquors purchased out of the State with the in.
tent to violate the law. Such are the leading
features Of the bill of 1858.
The manner in which it goes into effect ism
little out Of the usual course. Rv tic ,armO !,
repeals the license law of 1856, and itseIftokes
eject on the 18th of Jrly next. seperate
act however, provides that on the first Monday
OF June next the voters of the State shall ex.
press their preference between the two laws
IT majority of the ballots then tbrown sboIl
De IN laVor OF the" License Law of IS56" then
thls law OF 1886 is declared repealed. and the
law OF '0o revived. The inference. of course.
Is that 1t the election results otherwise. it is
leVold OF any effect, the Legislature having
already enacted The law. The practical inau.
ence OF this method ofsubmiss on will probably
DC 10 make, in the popular estimation, the two
Jaws the representatives,, respectively, of the
prohibltory law and license system although
I is manifest that new law has some adyan.
fh0f h.,
lugatory.
But our Maine friends have made another
aw, relating in part TO the same topic, not aE.
ected by the above contingency. A nuisance
ct, adopted the past winter, makes all buildings,
places or tenements, "used for the illegal sale
n Keeping OF intoxicating liquors, common nui-
ances. The person keeping such is TO be pun
shed by fine not excee eding $1,000, or by i'm
'rlsonment gilmore than one year. A violation
i thls law annuIs any lease of the premises,
nd the owner may make immediate entry with
ut process of law. Any person who knowing
lets any building or tenamcnt to be used as
oove described, shall be fined not less than
'IOO or more than $1,000, or imprisoned not
ess thad thirty days, nor more than six months.
ms IL VIII be seen, is very important rider
'""e' Vi the laws 10 be adopted on the hrst
lenday IN June. Joined to the new prOhblto-
iaW' IL increases its stringency and complete
ess IN very great degree. Even if the liz
ense Jaw of 1856 should be revived, this addi-
on VIII give the people power to root out
iuch OF The most Objectionable liquor traffic.
y The law town or city need have but one
lace licensed for the sale of intoxicating IL
uors' and there The liquor cannot be sold to be
rank on the premises. Buf ceriain addition.
number of persons mag be licensed. accord
lg TO the population; as innholders also may
> 10 sell only to guests and dodgers, and apoth-
'aries TO sell for medicinal purposes only
ther sales are illegal, and therefore come with
the nuisance act of 1865, with conprehen-
'e provisions and severe penalties Licensed
aers are subjected to many restrictions as TO
Q persons to whom they cannot sell, such as
Inors' drunkards, intoxicated persons, &c.,
oatIon OF which restrictions would expose
EN- also TO the nuisance act.