The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-01-08
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homes which they have made for themselves
on lands that prove to be owned by proprietors
instead of the state. Whatever relief can be
afforded by the judicious Intervention of the
legislature, ought not to be withheld.
THE LAW DEPARTMENT.
The report of the Attorney General presents
a valuable and interesting record of the sue
cess which has attended the administration of
the criminal laws of the state dnring the past
year. The suggestions which he makes rela-
tive to certain amendments of these laws, will
doubtless receive that consideration which
their Importance demands.
ENFORCEMENT oE PRoHIBIToRY LAWS.
The Attorney General embodies in his re-
port communications from the several county
attorneys, furnishing important official state
mentS and statistics relating to the enforcement
of the laws prohibiting drinking houses and
tippling- shops. These STATISTICS show the past
year, in the Supreme Court alone, there have
been 276 convictions, Al committals to Jail
and $50, 1893 collected in fines, under thesa laws
more of each than in any other year, and
four times as many convictions and ten times
as much in fines as in 1866, when the general
enforcement of these laws was resumed after
the close of the war, which had engrossed the
public attention and energies. 1t is significant
also that during these nine or ten years OF
gradually increasing efficiency in the enforce
ment of the laws against dram shops. the num-
Der of convicts in the State Prison has fallen
off more than one-fOurth.
The report of the Attorney General and the
statistics accompanying, cOnclusively show
that the laws prohibiting drinking-houses and
tippling shops have for the most part been en-
forced during the past year more generally and
effectively than ever before, and with corres-
pOnding satisfactory results in the diminution
of dram shops and intemperance. These re-
suits are due, to considerable extent, to the in-
creased efficiency given to these laws by the
sheriff enforcement act, but more especially to
the improved temperance sentiment which has
been created by the active moral efforts put
forth in this state within a few years. Expert
ence has shown that however faithful officers
may strive to be, their permanent success in
the enforcement of any laws, and particularly
laws opposed by uDprincipled ayarice and de
based appetite, will largely depend on the
strength and activity of the public sentiment
which supports the object they have in view, in
the several counties and municipalities. 1t is
gratifying TO know that this sentiment has BE-
come so predominant as to secure the very gen
eral suppression of known dram-shops, aud the
consequent marked mitigation OF the evils OF
:ntemperaBce in four fifths of the state In the
remainder of the state comprising some OF the
larger cities and villages, the results are not
so satisfactory, although even there, as COM
pared with the condition thirty years since,
there has been an improvement
L am happy to bear witness to the fidelity
and efficiency with which most OF the sherlfs
and county attorneys-fOr the latter officers
are as important in this work as the former-
shops, as well as other laws of the state, as re-
quired by the act of 1872, aud as directed by
special orders { the executive. No case has
been presented to me involving such 'wllful
refusal or neglect on the part Of any officer.
as would probably afford ground for the legis-
lature to cite him before that body for trial
with view to removal by address; although It
has seemed to me that on the part OF few
officers there has been failure to do all IN
their power to secure the enforcement of the
law in their respective counties As sherns
and county attorneys are not appointed or re-
movable by the Executive-as they formerly
were, and as 1T seems to me they should now
be- in order to secure the highest efficiency in
the execution of the laws-but are elected ~
the people of the several counties, it is OF the
utmost importance that those voters who be-
lieve that the public interests will be pro-
NOTED by suppression OF dram shops, should
endeavor to secure the election OF officers who
will efficiently discharge all the duties imposed
upon them by law. At the same time it should
be borne in mind that the primary duty OF en-
forcing the laws against dram shops, gambling
saloons and houses of i'll fame, rests on the
| officers of municipalities. 1t is of the highest
| importance that the large police force which IS
| constantly maintained in cities, and which can
| enforce the laws much more efficiently than
| the smaller number of local deputy sberiffs,
| should be held by the people OF those cities to
| the faithful discharge of the duty which the
| law and their oath of Office impose upon
| them.
| We should not, however, fall into the error
| of expecting too much of enactments against
drinking houses and tippling-shOps. Laws
| prohibiting adultery, fornication, slander,
| fraud gambling and Sabbath breaking have
always been on our statute book; but no one
| has ever on the one hand denounced these stat
ntes as a failure, or on the other hand con-
| cluded that their frequent non-enforcement
| proved official ncapacity and dishonesty, be-
| cause adultery, fornicatoD, slander, fraud,
! gambling and Sabbath breaking still exist:
1 AL, Nn1rn AI.n1 1t0f.a hnIn
| two or three of our larger cities are omitted,
! and it is very questionable whether the laws
| against these crimes are much more effectively
enforced than the laws against tippling houses
| Again, it should be remembered that laws
| against dram-shOps are only subsidiary to
moral efforts in the promotion OF temperance,
| in the same manner as laws prohibiting gam
| bling places and houses OF ill-fame are supple.
mentary to moral iuculcations in the promotion
| of virtue Law will accomplish but little
| alone; but sustained and applied by public
sentiment which brings vividly home to a
| large majority of citizens the magnitude OF the
| evils of intempersnce, it has proved in this
| state to be an important and Indispensable ad-
| iunct in the promotion of temperance.
| THE LAWS FOR THE PUNISHMENT OF MURDER.
renew the recommendation made in my an =
nual address one year since, that the statute
| relating to the crime of wilful murder. be so
modified as to establish such a penalty as leg
| islators are ready to be held responsible for,
| and expect to have uniformly enforced. For
| the makers TO avoid their proper response
| bility in so important matter, by imposing
upon the executive department the duty OF re-
| viewing every case, and thereby creating IN
| the minds of large number OF citizens the
| impression that the latter, rather than the
| former department, is responsible Tor the PEN
| alty enforced-is a violation of that funda-
| mental principle of our political system whlch
| assigns to the several departments distinct
| functions, subversve of the well-settled doc
| trine that ours is government OF laws and
not of men, contrary to the rule uniformly rec
| ognized in all other criminal laws of the state,
| and productive of mischievous consequences.
| Under a statute which seems to shift the re-
| sponsibilty of determining the penalty for the
| crime of wilful murder from the law making
| power where it belongs, to a majority of the
| Executive Council where it does not belong, it
| is almost inevitable that, there should be such
| a want of uniformity in the decisions OF differ
ent councils, made without the guidance OF any
| rule of law as to lead to irritating public dis
| cussions, tending to divert public attention
| from the consequences of crime, and even to
| create sympathy for the criminal. Such a state
| of things can but seriously weaken the whole
| some influence of whatever penalty may be
| finally imposed, and thus to a certain extent
| defeat the object for which punishment is
| inflicted, viz: the protection of society
| Every consideration demands that the leglS-
| lature should no longer treat this important
| question in an evasive and uncertain manner.
| If it is YOUR conviction that the death penalty
| should be imposed and enforced in all or in any
| class of cases of wilful murder, let the law be
SO framed as to clearly require this, without any
/ provision for its evasion. The constitution pro-
yides for rare exceptional cases where the inter-
| vention of the pardoning power may be wise
and just. If Legislators are not ready, so far as
! the statute goes, to unequivocally and finally
| provide that the penalty for murder of any de-
| gree shall be death, then there can remain but
! one consistent course, and that is to establish
| imprisonment for life as the penalty, and pro-
| vide for ITS prompt sure and uniform enforce
| ment, No principle of criminal law is better
| settled than that the certainty of punishment
| is more important than its severity.
| OUR DIVORCE LAWS.
| Under the existing laws Of this state, d.
| yorce from the bonds of matrimony may be de-
| creed whenever any justice of the Supreme
| Court deems it reasonable and proper, eondu-
| Give to domestic harmony and consistent with
| the peace and morality of society; and the court
/ is required to grant divorce when it appears
| that there has been three years wilful deser-
| ton or abandonment without reasonable cause,
| and may do so for less period. As hearings
| on lbels may be and usually are held under
/ circumstances which render it almost impossl-
| BILE for the court to reach all the facts-the Ii
| bellant being usually the only person represent
| ed and publicity being avoided so far as Doss-
| ble-and as DEGREES for divorce take effect at
| once and release the guilty as we'll as the inno-
| - Is, hu