Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-03-08
Remarks Of Mr.. Lang.

]
Remarks Of Mr.. Lang.
IN SENATE. March 5, on hill an act for the better
| Enforcement OF the prOhibitory law.
/ Mr. LANG said:
| M President: Your committee. sensible OF
the wide difference in opinion regarding the
selection of measures for the suppression of
! intemperance have offered for your considera-
ton the bill which is before you, and in asking
your acceptance of their report desire to ex-
| press their convictions of the necessity of
adopting measures that will be instrumental
| in rendering the Prohibitory Law all that IS
expected of it by the people.
We say by the people, because we are con-
vinced that in Maine there are but compare
lively few who believe In open, unrestricted
sale. or in license with its partial and imper-
feet application. As evidence we refer you
to one of the largest conventions ever held IN
Maine. which assembled in Bangor in June
last and there unanimously passed resolu-
tons emphatically renewing the adhesion OF
the republican party of Maine to the princi-
pies Of prohibition and the vigorous enforce
mcnt of laws to that end The importance of
this question as a State issue, was admitted
without dissent in the convention.
This pledge of the party was acted upon by
the people at the election, and the Honorable
Senators and Representatives of this Legisla-
ture, who were nominated and elected as ex-
ponents of the principles of this republican
State party. are expected by the people to
make laws for the vigorous enforcement of
the law Of prohibition.
| The disanccuon Of many earnest temper
ance voters under the lead Of men who favor
ed extreme measures, had its influence to
embolden the enemies of temperance; and
His Excellency has informed you of the re-
sult-.'a falling off in respect for the liquor
| law"
During the hearings before this committee
evidences Of this disrespect came up from
various parts of the State. We do not doubt
the propriety of positive measures which shall
render the law now upon the statute book ef-
fectiye. Nor do we believe, from any evidence
which has come before us, that the people at
large have had their convictions weakened
upon the necessity of n vigorous application
Of civil law as auxiliary to moral influences.
To counteract any great evil it is necessary
to understand the opposing interests and
forces. and be sure that the agents adopted
keep up among themselves, as nearly as may
be, an equipoise of Influences else the RENE
dy does more harm than good.
The fevcrish, unsettled state OF society
produced by tie war, led to weakening Of
moral restraint necessary in well-ordered
communities, and passion and impulse seized
the license which the times held out, and
great increase in the use of Intoxicating
liquors followed in the train of this excite
ment. Remembering that reaction follows
undue excitement it was not strange that ar
dent temperance reformers made use of all
positive agents within their reach for the
laudable object of reform.
The times seemed to demand such meas
ures, but as society gradually recovered its
tone. and industry sought again its legitimate
channels, public sentiment did not sustain the
law which had been enacted
| We desire to call your attention to the fact
that the law against tippling shops and drink
ing houses was enacted in 1858, and is ac-
knowledgcd to be, by the most ardent friends
of prohibition, essentially all that is desirable.
1t is true that in 1867 clause making impris-
onment for first offence, passed (being sub
mitted to by the people, by vote of four to
one; but it will be remembered that the pub
lie really gave but little attention to the SUBJ
| ject the entire vote for and against being
only about twenty thousand. The potency of
this clause may be admitted without argu-
ment when you remember that many friends
of the measure, as well as its enemies, Joined
in its repeal in 1868.
The committee feel satisfied that since the
passage of the law of 1853 the struggle has
| been for the most part for power to execute
!
than any change of the law.
/ 1t may be proper to mention that n modif-
cation of section IA of chapter SO of the Act
of 1853, was attempted last session. This
modification consisted in allowing one person
to complain, instead of three, as the law now
stands. And you will see by the journals of
the Senate and House Of 1869, that it passed
to be enacted. but did not become law. We
do not wish TO be understood that public SEN
I'D
in the enactment of 1858, (that of strict pro-
hibition) but that they did not sustain an act
creating constabuary force, which, aiming
at public evil, was still open to the objection
of despotic influence, which is attached al
ways to Capitalization of power, and this
despotic influence, without guard or check,
became in some localities very obnoxious.
This fear of Capitalization is clearly demon
strated in depriving the Governor of the pow
er to appoint the sherits, although this APP
pointment was done by advice of council
and the sheriff under heavy bonds for the
proper exercise of his authority. Is it strange,
then, that the police bill of 1869 was defeated,
which provided that a "Chief of Police"
should be appointed to hold Office for two
years, who should appoint his own deputies,
who, without bonds for proper performance
of duty, should have power to command the
sheriffs and his deputies, who were under
heavy bonds, thus creating new executive
power in some respects greater than that OF
the Governors, and much more open to the
objections which caused the removal of the
appointment of sheritfs from the executive
head of the State? The committee need not
call the attention of the legislature to the dan
erous tendency of such power.
The Governor must answer to the people
each year for his acts, but the police chief, or
his deputies, could not be reached by the peo-
pie. The committee have no reason to be-
lieve that this power was sought for any pur-
pose other than the enforcement of existing
laws against evil, but submit that they might
be readily made available to forward the sci.
fish plans Of INSCRIPTIONS men.
Fit is unsafe to trust the choice of execu.
tive officers of well-estabished civil and Grim.
inal laws, in the hands of a Governor, is it not
equally unsafe to trust the choice of executive
officers of law not so well established, but
which requires such extraordinary power to
execute, in the hands of Chief Of Police?