Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1875-01-12


focce the law much IN IRE Ell .ien,ly than the
smaller number of losai deputy -herie', saOuld
be held by the people ofthose cities to :he faithful
discharge OF the duty which the law and their
oath OF Office impose upon them.
We should not. however,. hAll Into the error OF
expecting too much OF enactnents against drink
ing-houses and tipping shops. Laws prohibiting
adultery, fornication, slAndar fraud, gambling
aud Sabbath.breaking. have always been on our
statute book hut no one has ever on the one hand
denounced these statutes a. a failure, or ON the
other hand concluded that thcir frcquen, nonen-
forcement proved official iacapaci;y and dishon-
esty because adultery iornicNiion, SANDER, taud.
gambling and Sabbath-breSking still exist And
vet take the safe as whole especially Il two or
three % our larger cities ave omitted, and II Is
very questionab BILE whether thu laws against these
crimes are much more effectively enforced thau
the laws against tipping houses. Again, Il
should be remembered that laws against dram
shops are only subsidiary 70 moral efforts IA the
promotion of temperance, ina the same manner rs
laws prohibiting gmblingpaces and houses OF
nl-fame are supplementary 90 moral iuculca,ion-
ia the promotion ct virtue. Law will accomplish
but litilc alouc. hl' sustained aud applied by
public sentiment which bring viyilly home 60 a
large majority OF citizens tie magnitude OF the
evils OF incompetence, u ha, proved 10 this State
TO be an important aud indispensable adjunct in
,hc promotion OF temperance.
Irul Law FOR THE PUNISHMENT OF MURDER.
renew the recommendation mA,le in my annual
aldrc-s one wear since, that the statute Ielaiug 10
thc crime OF waful number, be 50 modified a. to
establish such Pcual'y q, legislators are ready
20 bc hcldrc>p0n-ible for and expect 10 have uni
formly enforced. For the lawmakers 20 avoid
their proper cspous' bilty in - important mat
ter by imposing upon the executive department
the duty OF reviewing every case, and thereby Gre
a,iu- Iu the midst of a large number OF citizens
the Impression that the latter rather than the
former department. Is responsible ior The penalty
enforced a violation OF that fundamental priu'
ciplc Of our political system which assigns 10 the
several departments distinct functions, subversive
Vt the wcltscttied doctrine that our, Is govern
neut Of laws aud not Of men, contrary 10 the rule
uniformly recognized IN all other criminal laws OF
the state, and productive Of mlschieyous con
sequences.
Under a statute which seems 10 shin the re
/ sponsibility vi determining the penalty Tor the
crime OF wiltu murder, from the law making
power where il belong, 90 a majority OF the ~
ecutiye Couccil where Il doe, not belong 1t Il
almost inevitable that, there should ee such "A
want oi uniformity in the decisions OF direrent
I councils. made without he guidance OF any rule
Of law a. 20 lead 10 irritating public discussions
teadinS TO divert Pnb,c attention from the eon'e'
quenccs co., crime anl even u create sympathy Tor
thc criminal. Su~h state OF thing can bat -er'-
/ ouslv weaken the wholesome influence OF what
ever penalty NAV lie finally imposed, AMI thus to
a certain extent deies the Object Tor which pun
,shmeuJ {, inHirtel Vif the protection OF society
Every consideration demands tha, the legisla-
ture should no longer treat this important ques.
tou in az evSsiye AMI uncertain manner. II IL Is
your oonvictioP that he death Pelral,y should BE-
\ imposed AMI enforced IN AL OF in any class Of
cases OF Wilful murder let thc law Ice ,o lramed
a. " clearly require this, without ans provision
/ for is evasion The constitution provides FOR
rare exceptional case- where tnc intervention Of
/ q parloniag power NAV b. wise and just. IL lex
slas0r, are not ready 81 Tar as the statute goe'
20 ane4aiYooAlly an aualiy provide that ,he pea
atty Tor murder Of sny 'egree shall De- death then
there can remain but one consistent course, AMI
that i TO establish imprisnnm,n, tor life A. the
penalty. sad provide for it, prompt; sure and uni
form enforcement. ~ principle OF criminal law
better settled than tina, the certainty OF puuish
meat Is more important than IT, severity.
Our DIVORCE LAWS.
| Under the existing law. Of This state divorce
| from the bonds OF mAsrimony ms be decreod
Whenever auy Justice ofthe Supreme Court deems
| Il reasonable aud proper, conducive TO domessie
harmony AMI consisten; with ihepeAce aud moral
y o. society; and the eonrs is required 70 gran,
! divorce when IL appears thai there has been three
.ha
rsAsSaable ease Anl nay DO so for a less period
A. hearing. on libs. may be aud usually are held
aade, circaa.taaess vhl,a rsaler slmpsl i'm.
sas-,al@ % Ihs eaart - roAeh "a ,hs n.e.s-tho
/ usAIiss, bsi.s a.-Au, ,hs 4a,s !.as.aa sep4e
seated sRJ p4Il.vfy Lsing avoided - a. So
4os.,as --aad a. DEGREES FOR aivsrcs take effect
20 once sal release she guilty a. " 81 a. he laao
cent. % u by 40 means surprising ihat under 30
| liberal. uoi 90 say loose statute divorces are
!dy multiplying. until il has been ascertained
from Official sources, that A. have been decreed in
this state during the pas, year, nearly halt OF
| them .or dc.ertiou.
| Thu the alarming fact coufrouis Us that under
the operation OF our divorce laws very nearly one
marriage ont OF every thirteen consummSted in
| this state is sub>eI uentiy iudicAly dissolved
The knowledge ofso grave a fact will undoubtedly
| give you. a, H has myself, serious concern, and
| lead TO an inquiry 81 T. whether our divorce laws
| 10 not require amendment. surely, every good
citizen can bat recognize the vital Importance OF
eherishing the deepest convictions ofthe nestitna-
Ole value aRd sacreiness o; tae marriage bond.
This Is demanded no; simply Tor the reason that
lathe fslaily relation there found the healthesi
! influences and purest happiness which this life
! aGoris, bat also and especially from the fact that
here /. the home OF the children aud the hope Of
the STATE. When the sacredaess ioiEhe family il
los; sight Of the life Vi society is in danger Of
being corrupted in is source. Il has been truly
sail that government 50 depends on The lie Of
| home, that FOR = homeless community anarchy or
desDotism would b. tie only alternative.
| II our divorce laws are - leave 81 sbs0late =
discretion % 4 single ladSe,-whlCh seems 10 be
very 9uc.,iOuable,-provlsloa should be made 10
secure more satisfactory presentation Of the
taei. aud Arguments bearing ASalus, the SpplcA.
ton FOR dissolution OF the marriage contrast
The pre,eat statute leaves out OF sight the fact
thar Ia AII..ion 10 the lbeltaai Aal belee, there
Is sliId party, va the public, deeply interested
| In every divorce case. suggest whether 1t would
not be wise require the county attorney TO rep
! resent the STATE A. Jle hearing OF a libel for
divorce, aud 10 resist the sraniin. of decree. /
also suggest that instead CT having DEGREES foI
| divorce lake effect when made, all such judg
meals be simply interlocu.ory, 10 take effect one
year amer being made, unless dissolved in the
| meantime by the court.
This mode Of proceeding would serve to guard
against fraudulent representations, and give
| opportunity Tor Affection and reason TO resume
their rightfl sway. IL can hardly be otherwise
than lha. supposed grievances which. nnder les.
accommodating laws Of divorce, would be pa
Jieaily and even eheerfully horne, and difference
which time would reconcile 10 mutual advantage,
are under our existing statutes often made ths
occasion for the hAsty and unwse sundsring Of
what should be the most sacred and enduring tit