The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-06-19

Municipal Court. ~
~ 81 . JUDGE kINasBURY PRESIDING
TUEEsDAY.-In the case of r. r. Robinson search
and seizure by the State Constables Judge Kings
bury rendered his decision that the seizure was
legal one. Mr.. Robinson then paid his fine of S22 80
Messrs. S. B. Krcgman, George Nj. Stevens, John
Fitzsimmons and James McGlinchy also paid S22.3 80
each, search and seizure processes by the State
COnstables. On second complaint against Mr.. Nc
Glnchy, he wins obliged to pay additional S223O.
The following is the opinion delivered by Judge
Kingsbury:
This is a complaint made by three Deputy State
Constabes, residing in Cumberland County, one
IN Kennebec County, md the third in Androscoggin
The defendant moves that the complaint be dismiss
sed because the warrant was not served by any OFF,
Ger competent to serve the same. u aGt ~
The warrant processes to have been served by w.
| H. Waldron, residing in Androscoggn County, as a
Deputy State Constable but Is directed to "ether OF
the state Constabes y. 1t is not Questioned that
Waldron is duly authorized as such Deputy but it is
objected that the warrant is not addressed to him,
but to ''either CT the State Collstables' am in
cned to think that the address Is sufficient, for as
matter Of fact he Is state Constable" though re-
Constable of the State" But if the Deputy was
thorized to serve it, II properly directed to him. then
The warrant - amendab!e to conform to the tact OF
| any stage Of the proceedings.
| 1t was shown by the evidence of Waldron that he
resided in lewiston IN the County S Of
that his power was limited to that county. Upon q
careful examination of the law, must arrive at a
section OF the act ito provide for State police in
tain cases." passed March !, 1867 the Constable o.
this Stnte, ION application Of Ten legal voters
in any city town in this city, ii he shall be satis
ed that the local authorities fail to enforce any law
of this State therein, and the public good require it
may appoint one or more Deputies resident in Tho
county IN which such city or town is situated" Il
this comprised the entire act then 1t would be clea
that Deputies could not act out OF their own cOun
| ties.
But the third section defines and largely extend.
their power. 1t provides that "the said Constable
mot solely within their cOuntIes) but throughout TIL
4 State ali the common law and Statutory powers
Constabes except the power to selve civil processes
But their power does not stop here This section
gives them sin all the cities in this State ali the power
given therein to City Marshais, police officers anG
watchmen, by the statutes OF tins State anu by the
| charters and ordinances of said cities" Having thu
conferred upon them generally this extensive author
ity, far exceeding that of any sheriff, i is then mad
their special duty that the laws enforced
and observed in all parts OF the State, cooperate
with the sherifs and their deputies in the severa
counties, and with the city marshas and police OH
Of the several cities in securing that result
cannot well conceive of language more comprehen
sys clearer. Ii it was the intention of the Legs
lature to restrict the Deputies to their own towns
counties, language much more limited would hav'
4 been employed to express that intention. ASS.
But it Is objected that, even ii authorized to trave
from county to county by this act the concludin,
sentence of section prohibits their acting except
certain cases. The sentence reads thus: "But i
their judgment there snail be failure, neglect in
ability the part ct the local authorities enfolc
the laws Of thus State or to cause persons violating
These are words OF limitation; but explained BY
what precedes them, they seem to me to limit not thu
pOacer but the duty of these officers. broad and
sweeping range OF authority is given them They
may officially traverse the Stale from AroosOok t
York; they may snter into every city and town t
ssee that the laws enforced observed" but i
shall be their duty u act i'll certain cases speci
led. The words are advisory and not mandatory.
i But ii there force in tho objection, it wOult
not apply in this case, MIR. aldr0n the Constab,
who served TINS warrant in answer to a question 10y
defendants counsel testified on the stand, that il
Ills Judgement there had been delinquency ON thu
part OF some one In Portland as TO liquor seizuies
And the Act submits tho whole question Of the ide
ity of the local police to the individual Judgment
| the Stale Constable and his Deputies.
But as the integrity OF tho police OF our city is thu
brought in question, cannot regard it out of place
to say that, having had almost lay opportunity, BY
| virtue OF my office to make myself intimately &C.
| quaintcd with the manner in which they perform
their duties, &C not bel eve that any city in the
United States can produce more faithful and efic.
lent body OF men. And as it is within my persona
deputies nave been par tcuiarly III earnest in the
iorcement vi whaL is commonly known as the Maine
Liquor Law. and that, as the consequence of thel
| liquors have Withdrawn from the traffic and other,
Ia We announced their Intention TO do so During til,
past year about 1856 search and seizure" processes
instituted by the City Marshal his deputies
of which all but 10 proved effective Since the
mencement of the present municipal year, complaints
at the OF nearly per year. Without, there
fore, Questioning the judgment or the conscientious
fidelity OF the State Cons,abuiary in any respect
feel it my duty to give my testimony, which d.
with great pleasure, to the fidelity with which the
City Marshal and his deputies have performed IN
this, well in ali other respects, the duty de-
| volved upon them. 1m5if
John Kaler, or drunkenness and disturbance OF
the Sabbath, paid 1926. .a ID. .-.J
John Divine, Tor resisting police officers while the,
were in the discharge of their Duty had to pay 81 80
Michael Casey and Thomas O'Brien were complain
ed of for resisting police oficers. Casey adjudg
ed not guilty and was discharged. OBrien pleaded
guilty and paid $12.sO. -EFs
John McDonough, lad OF IA or Is years, for en-
| gazing in sports tsr- sabbath. nned 2B 2h -
| His mother paid it.
Patrick Deyinc was charged with larceny Of small
| quantity of wood from the Grand Trunk depot. The
case was continued for ten days, and Patrick let
| off upon promise of good behavior in future