Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-01-07

Bath is now established under the most hap
NV auspices. The conditions annexed to the
appronriatiou of last winter were promptly
fulfilled by generous citizens of Bath whose
names are already venerated for acts OF char
ity. and a commodious estate was bought ant
retit.ed for the Home. 1t is not completely
furnished as yet, but tfS. spsce is ample, ant
with the benefactions which will follow thu
Institution will become the dispenser of man.
blessings, There are thirty-three Orphans
now there. The amount paid for their sup
pert is 81, 900. The whole amount disburset
np 10 the present time is Sll ,230; remaining
in the hands of the Board for disbursement
during the next quarter $500. Expenses o
the Board thus far $780, making the tota
drawn from the treasury on this account fol
the year 5000. which leaves the balance
of tie appropriation, viz, $1,000, unexpend
ed and not drawn from the treasury. Nhat'
ever means you provide for the care OF thest
orphans, it is a duty too sacred to be silghted'
The aims house, the howell and the street.
are sad homes for the sons OF martyrs.
LEGAL.
The Attorney General suggests important
changes in our law. Especially do concur
in his recommendation that the act of 1853 re-
lating to reviews in capital cases, together
with the related and consequent sections OF
other acts, be repealed. This was one OF
those acts hurried through near the close
of the session without due consideration Al
though impressed with grave doubts as to ITS
constitutonality and fitness to promote the
ends of Justice, was in that brief time un-
able to prepare and present such reasons OF
public policy as would warrant me in oppos-
ing an act which had the wcighty sanction Of
a majority of the Legislature. believe the
intent and practical working of the law were
not at that time fully understood.
The Governor and Council were instructed
at the last session to provide for revision
and consolidation of the Public Statutes by
contract or commission. After careful con-
sideration it was deemed advisable to appoint
Commissioners for that purpose. These gen.
tlemen have been diligently employed upon
their work, and their report will be laid be-
fore Won at an early day. The matter of
changing the phraseology, be it never so
slightly of existing laws in order to harmonic
and consolidate them, is SO delicate task
that you will pardon nc if | remind you OF the
close scrutiny with which such a revision
must be examined before it is passed upon,
making no doubt at the same time that the
work of the board will be found in high de-
gree accurate and Judicious. The period hap
pens to be a critical one; the census ahout to
be taken, the new valuation of property to
hold for the next ten years, and various mat
tiers of unusual Importance awaiting your de-
eision, render it of the utmost Importance that
Won should use the best discretion and fore
sight in repeating obnoxious or unnecessary
laws. ami in enacting such rs incorporated
into this revision may give il some chance OF
standing for ten years without being so mutt
lated and oyerlaid as soon to become almost
without advantage.
The complaint is not unfrequently made
that the administration of justice is neither so
prompt nor so impartial as it should be in this
State If this is so the remedy is beyond the
reach of my suggestions. i am of opinion,
however, that an injustice is done the court
rs well as the people by reason of the fact that
the Judges of the Supreme Court are required
to travel over the length and breadth OF this
State without proper remuneration. | am
not aware that this is the case with any other
officer on public duty. 1t is well known the
salaries of the judges are inadequate. and
without derogating aught from that high rev.
erence for the court which is naturally enter
tanned by us ALL and so especially commanded
by the character of our present Bench it is
still by no means unnatural that judge de-
tanned from home at heavy expense, every
day making deeper inroads upon his scanty
means of support, might become impatient of
long terms, and in his anxiety possibly slight
some duties. When it is the case as now,
that the more one does the less pay he has.
the tendency and effect it is not difficult to
perceive. An unembarrassed independent
Judiciary is of inestimablc value. would re-
spectfuIH suggest that the actual circuit OK
penses of the Justices of the Supreme Court
be audited and paid by the State.
1t was made the duty of the Governor and
Council to count and report the vote on the
proposed amendment to the constitution, au-
thorizing the legislature to divide towns into
voting districts The whole number of votes
upon this amendment was 5lS6. Number
voting +" Yes, 2S09 number voting . No. y
2377. SO the constitution is amended accord
ingly
The account of the State Liquor Commits
sioner, and his method of doing business have
been carefully examined and are found highly
satisfactory Some points remarked on in his
report, will demand your attention. The
practice of turning in confscated liquors al
ways more or less impure, to the town agen-
cies, taken in connection with the fact that
we have provided State Commissioner who
is paid and placed under bonds to furnish
nothing but the purest liquors, which the town
agents are imperatively required to purchase
exclusively of him, is so absurd that good
logic, if not good morals, demand that it
should be prohibited.
1t is proper that should inform you that
there seems to be a general falling off in re-
spect for our liquor laws. The enforcement
OF these laws comes in no manner within the
power Of the Executive. livery properly de-
wolves upon municipal officers, and the degree
of their Zeal and efficiency is measured by the
prevailing local sentiment 1t is not an I'M
reasonable theory that the State should secure
the even and impartial execution of her laws
throughout her jurisdiction. So far probably
Ill good citizens would agree; but the cree
ton Of special police for the purpose mainly
of enforcing the liquor law beyond, certainly,
if notagainst, the wishes of the municipalities,
has been urged by some as proper measure
and proclaimed by a fewas a test of allegiance
to the cause Of Temperance. But in a gov
ernment like ours one of the most delicate
things which State could be called upon to
do Is IN invade the ancient rights and dign-
ties Of towns, which the historian and states
man know, are at the foundation of our liber-
ties. Ii is still more difficult when the issue
is upon contested question Of social ethics,
or public morals, on which even good men
might be divided, and bad men find pretext
for giving the most dangerous passions way.
The antagonism to excessive measures is
likely TO react against virtue which all good
citizens hold high.
Unfortunately we have made the expert