The Portland daily press., 1869-01-28
ne Temperahcei udge ia.
yine Letter.

vis' Letter
The general sentiment of the fully attended
State Temperance Convention that assembled
at Augusta, Tuesday, seems to be in favor OF
concentrating attention on single point-a
restoration OF the State Constabulary. This is
shown in the large majority voting against
resolution in favor OF taking grsurd for no
specific measure of temperance reform. The
letter of Judge Davis to the Convention IN
opposition to the State police law and aovo-
eating return to the severe penalties oil 'ne
law of 1867, is as follows:
As shall not be able to meet WIN the
friends of temperance this year a. nc. =: aEeus
toned annual gathering, trus. ~ VIII not
seem presumptuous IN mo y; w auoless lew
words 10 Them through you, IN regard to the
"naS,;ons now attracting public attention.
90ntside of political and legal questions
nothing seems to me so worthy of special no.
tce, as the medical use of alcoholic liquors. 1
believe that one OF the greatest obstacles we
now have to contend with, is this use of LIQUORS,
encouraged, as it is, by the great majority of
our regular physicians. Thirty years ago the
medical profession took the lead in the tenn
peiance reform, everywhere denouncing the
use OF liquors as prolific source of disease,
ana condemnig it, even as medicine, except
IN rare cases. Now very few physicians mani
fest any special interest in this cause, and the
practice Of prescribing whiskey or other alco-
holic liquors in nearly all forms of disease, is
becoming almost universal. The habit of iu-
diligence is thus fostered, and the use of Ii
quOrS to prevent or cure real or fancied ills, is
greatly encouraged. As necessary conse-
quence, our numerous apothecary stores have
become the most pernic0us and dangerous
rum shops in the State. For this result be-
lieve the physicians are largely responsible.
When the Maine Medical Society, instead OF
hu lxipU fhis nubIishaa MOI
mending natural wines as food, the use of
which is beneficial to the human SYSTEM we
have great reason to be discouraged in our eff
forts. l have never had much faith in home
opathy; but if allopathic physicians continue
thus to sow the seeds of intemperanee among
us, we shall be compelled to turn to the more
modern school, as the only means of saving us
from becoming nation of drunkards.
In regard to legislation, the great necessity
OF to-day is the restoration of the law of 1867
as it was adopted by the people. The time may
come when the people will demand the State
Constabulary; but believe it was premature
when established before, and that we can still
get along without it. 1t is far better for the
local magistrates to enforce the law; and they
will be much more likely to do it if the respon.
sibility is left upon them. And it will be
great misfortune if the effort to restore State
Police shall prevent the restoration of the law
making the first offence punishable by impris-
onment. I'D.
The repeal of this provision by the Legisla-
ture of last year, seems to havefbeen the result
on panic, such as overturned the whole pro-
hlbitory law in Massachusetts. There were no
petitions in favor of it, No good reason can be
given for the change.
In some cases, where the first penalty tends
to prevent repetition of the offence it may
properly be lighter than the second. But
Jt'te has no tendency to restrain one from lu-s
crative business. He is no less guilty for the
first, than for the second offence. The first
prosecution does no good, either to him or to
the community. have seen the traffic prac-
tically unrestricted, with prosecutions and
fines of almost daily occurrence. A State
Police to collect fines would be of no benefit.
What we need is such penalty that men will
fear to sell liquors; and then the prosecutions
will be rare because the violations of the law
will be comparatively few.
As the law now is, Dearly all the rumsellers
can continue the traffic without fear. The prof
fits OF a day will pay the penaltis of a year.
The first prosecution can be kept in Court from
one to two years and when conviction at last
comes, the fine is paid, and change of owners
compels the prosecutor to start anew, and go
over the whole ground again, with the same
result The imposition of Jfnes only, for this
offence becomes merely modified form of H.
cense, under which all the worst dealers in fact
carry on the traffic with IMMUNITY. 1 cannot
doubt that the Convention will ask, and the
Legislature will grant, restoration of the law
of 1867. 80
Politically, believe the temperance men of
Maine stand the same as in former years And
L trust that in the future we shall continue to
act with the Republican party so far as that
party will act with us. l know not what ext
gencles may hereafter occur; hut at present
see nogood to be gained by temperance party
fear the democrats will succeed in some of
our municipal elections, for the reason that in
some cases, the republicans will not nominate
temperance men; and in other cases, because
some republicans will not vote for temperance
men: But the party will grow stronger as well
as wiser, by such temporary reverses. And if
we remain IN 1t, voting for its candidates when
they are faithful to our cause, we shall gain
more than we can hope to gain by an indie
pendent organization.
These views of Judge Davis seem to have
been received with considerable asperity by
some members of the Convention. The Ken.
nebec Journal thus reports the remarks of Mr.
Nye of Waterville, State Constable under the
law of 1867: i-
He was very sorry to differ with Judge
Davis. The constabulary law was drafted by
him. He said it was imperfect, but it has done
than he expected. Mr.. Nye
then read from his report to the Governor as
to the results of the constabulary law claim
tually suppressed under it. He believed that
II that law had been continued on the statute
book it would have abolished the sale. If the
laws were not to be executed, we have enough
already. Judge Davis letter would be quoted
by all the rum papers tomorrow as favoring
their view of the case. He believed the State
would have saved money by the police act
Local authorities never had executed the law
and never would; it must be done by State
police.
committee on resolutions, consisting of
one from each county, was appointed. M.
Stevens is the member from Cumberland, and
B. c. Jordan for York. I'D. .
Report of the proceedings of yesterday will
be found in our telegraphic columns r.r Be- q