Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1872-01-17

how is this class dealt with in this law? 1t
provides that the municipal officers, &c.,
of every town may license as many persons
of good moral character to be innholders and
victualers in said tpwn,"& The correla-
tive is entirely wanting in the clause, but the
meaning, Doubtless, is, that they may license
as many rs they please, and the person Ii.
censed is to give bond with sure,ies in the
penal sum of three hundred dollars "to con-
form to the provisions of the law relating to
the business for which he is licensed, and to
the rules-and regulations as provided by the
licensing board in reference thereto" Now,
If the licensing board do not see fit to provide
any rule with reference to the sale of liquors,
then the bond required by the law does not
operate in the least to prevent the sale of in
toxicating liquors by nnholders and victual-
ers. 1t is obvious that the form of bond
prescribed by this law should contain a clause
binding the party licensed to the observance
of the liquor laws.
Again, there is in the law an implied IL
censc to the class of persons to sell intoxica
ting liquors in limited quantities to be drank
on the premises, or in unlimited quantities to
be carried away. Among all the prohibi-
tons al plying especially to this class of per-
sons-including gambling, rioting disorderly
conduct, &c.-the sale Of intoxicating liquors
is not named but they are not to suffer ''any
drunkenness or excess in their houses. Why
not say 'they shall sell no Intoxicating liquors
on pain of the forfeiture of their bond and OF
the cancellation of their license?" That
would be explicit and efficient.
If the law contained provision authoriz-
ing the magistrate or judge to require persons
convicted of a violation of any of its prov-
| sions to recognize, in some amount, within a
maximum to be fixed by the law, with sure
ties, as in case of a breach of the peace the
bail to be defaulted in subsequent conviction,
it would very materially aid in shutting up
the grog shops. The liquor law of Massa-
chusetts contains such provision, and is re-
garded as one of its most efficient clauses.
There are other Inconsistencies in the law,
which although Of less Importance, are new
ertheless stumbling blocks to magistrates in
its administration. Section A provides that
lin all appeals from any Judgment or SEN
tence before any magistrate, the penal sum
in every recognzance shall be two hundred
dollars. No recognizance before any magis-
trate shall be in less sum than two hundred
dollars" While section A. provides that in
all cases, excepting one mentioned,) the
penal sum shall be one hundred dollars.
The same chapter, section ~. provides a
punishment for drunkenness, as follows:
''He shall be punished by Imprisonment in
the common Jail not exceeding thirty days"
No other penalty can by this provision, be
inflicted. 1t is obligatory, not OPTIONAL al
though the magistrate may remit a portion of
it. Now there was another law enacted at
the same time, relating to this offence. See
section Sc, of chapter l24. 1t provides
penalty for drunkenness, in these words :
''He shall be punished for the first offence by
fine of not more than five dollars, and upon
any subsequent conviction, by fine not ex-
ceeding ten dollars, or by imprisonment not
exceeding sixty days"
Certainly the magistrate should be well
yersed in the rules to govern the "conflict OF
laws" and construction of statutes" to know
how to administer our liquor law in all its
provisions.
Rid the law of its mistakes, work out its
"nalive wine" absurdity, and thus restore its
soul; make its observance prominent cl tuse
in the bond of the innholder and victualler,
and authorize magistrates to require all vio-
lators ito give bonds" for its future observ-
ance, and there will be little need of change
in the system of executing the law. These
amendments, of course. will not make the
law effectual to suppress the traffic entirely.
No law, no sy stem of executing it, can do
that There still will remain the necessity
of constant moral and social effort, by which
means only, are gained any permanent sue
cesses in the suppression of the vice of in
temperance.
RocKLAND, January 10, 1872.