Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-01-08
NO. l..

| alulug SeVeTeI Ieeuy IamlueS OF SWeues, uEQer
the law relating to the support OF paupers
in unincorporated places. 1t is believed that
their condition has improved so much the
past year that they will hereafter require little
| assistance. There are several families of Swedes
which by some oversight were located by the
State authorities in Woodland and Perham, where
| they have of course been assessed the same as
other persons for the past two years, notwith-
standing the pledge that they should be exempt
| from taxation till January, 1876. The amount of
this tax is small; but as the faith of the State is
pledged, recommend an appropriation sufficient
| to cover the assessment.
| The attention of the legislature is also directed
| to the unfortunate condition of large number Of
citizens of French descent in the Madawaska terri
| tory, who occupy humble homes which they have
| made for themselves lands that prove to be
| owned by proprietors instead of the State. What
relief can be afforded by the judicious inter
vention of the legislature, ought not to be with
held.
THE LAW DEPARTMENT.
| The report of the Attorney General presents q
valuable and interesting record of the success
which has attended the administration of the
criminal laws of the State during the past year.
The suggestions which he makes relative to GER
tain amendments of these laws, will doubtless re-
ceve that consideration which their Importance
| demands.
| ENFORCEMENT OF PRoHIBIToRY LAWS.
| The Attorney General embodies in his report
communications from the several county attorneys,
tics relating to the enforcement of the laws pro-
| hibiting drinking houses and tppling shops.
These statistics show that during the past year, in
the Supreme Court alone, there have been 216
convict Ons, Al commitments to jail and $50, sos
collected in fines, under these laws-more of each
than in any other year. and fourth as many con-
| victions 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 epgrossed the public attention and energies.
1t is significant also that during these nine or ten
years of gradually increasing efficiency in the en-
forcement of the laws against dram-shops, the
number of convicts in the state Prison has fallen
| off more than one-fourth.
| The report of the Attorney General and the
| statistics accompanying, concusively show that
the laws prohibiting drinking-houses and tippling
shops have for the most part been enforced during
the past year more generally and effectively than
ever before, and with corresponding satisfactory
| results in the diminution of dram-shops and
| ntempera rance. These results due, TO
| a considerable extent, to the increased efficiency
| given to these laws by the sheriff enforcement
| act, but more especially to the improved temper
| ance sentiment which has been created by the
active moral efforts put forth in this State within
a few years. Experience has shown that however
faithful officers may strive to be, their permanent
success i'll the enforcement of any laws, and
particularly laws opposed by unprincpled
avarice and debased appetite, will largely depend
on the strength and activity of the public senti-
ment which suppol IS the object they have in view,
l 4
gratifying to know that this sentiment has become
so predominant as 10 secure the very general sup
preston of known dram shops, and the consequent
marked mitigation of the evils of intemperance in
four-ffths 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 compared with the condi-
ton thirty years since, there has been an improve
ment.
| am happy to bear witness to the fidelity and
efficiency with which most of the sherifs and
county attorneys-for the latter officers are as i'm
| portant in this work as the former-have Ia
bored to enforce the laws against dram-shops, as
well other laws of the State, required by the
act OF 1872, and as directed by SPECIAL orders of
| the executive. No case has been presented to me
involving such "wilful refusal or neglect" on the
part of any officer, as would probably afford ground
TOR the legislature 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 Off
GERS there has been a failure to do all in their
power to secure the enforcement Of the law in
their respective counties AS sheriffs and county
attorneys are not appointed or removable by the
| Executve-as they formerly were, and rs it seems
| to me they should now be, in order to secure the
highest efficiency in the execution Of the laws
but elected by the people OF the several coun-
| ties, it is of the utmost Importance that those
voters who believe that the public interests will be
| promoted by suppression Of dram-shops, should
| endeavor to secure the election of officers who
will efficiently discharge all the duties imposed
|
borne in mind that the primary duty of enforcing
the laws against dram-shops, gambling-saloons
and houses of iilfame, rests on the officers of
municipalities. 1t is of the highest importance
that the large police force which is constantly
maintained III cities, and which can enforce the
laws much more efficiently than the smaller num-
Der of local deputy sherfs, 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 drink
ing houses and tippling- shops. Laws prohibiting
adultery, fornication, SANDER, fraud, gambling
! and Sabbath breaking have always been on our
statute book; but no one has ever on the one
hand denounced these statutes as failure, or on
the other hand concluded that their frequent non-
enforcement proved official incapacity and dishon-
esty, because adultery, fornication, SANDER,
fraud, gambling and Sabbath breaking still exist
And yet take the State as whole, especially If
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 RENE membered that laws against dram
shops only subsidiary to moral efforts in the
promotion of temperance, in the same manner as
laws prohibiting gambling places and houses OF
ill-famc are supplementary to moral inculcations
in the promotion of virtue. Law will accomplish
but lit lie alone; but sustained and applied by q
public sentiment which brings vividly home TO
large majority of citizens the magnitude Of the
evils OF lntemperance, IL mas proved III tnlS Statc
to be an important and indispensable adjunct in
the promotion OF temperance.
The LAWS FOR THE PUNISHMENT OF MURDER.
Irenew the recommendation made in my annual
address year SINCE that the statute relating to
the crime of wilful murder, be modified as to
est iblish such penalty as legislators are ready
TO be held responsible for, and expect to have uni
tormy enforced. For the Lawmakers to avoid
their proper responsibility in so important
! a matter, by imposing upon the executive depart
ment the daty Of reviewing every case, and there
by Gre aing in the minds Of a large number Of
citizens the impression that the latter rather than
the former department, is responsible for the PEN
atty enfoiccd,-is violation Of that fundamental
principle of our political system which assigns to
the several departments distinct functions, subver
sve of the wellsettlod doctrine that ours is gov
ernme Mt Of laws and not Of men, contrary to the
rule uniformly recognized in all other criminal
laws of the State, and productive Of mischieyous
consequences.
Under a statute which seems to shift the re-
sponsibii'y of determining the penalty for the
crime OF wful murder, from the law making pow
whe re it belongs, to majority Of the Executive
Council where il does not belong, it is almost in
evitable at there should be such want OF uni
formity in the decisions of different councils, made
without the guidance of any rule of law, to lead
to irritating public discussions tending to divert