The Portland daily press., 1876-01-07

defect of those laws, but in the greater ease and
simplicity of the method of application to the legis
lature and in the fancied higher sanction of an au-
thoIity proceeding directly from it,
Section fourteen, relating to corporations, is
prehensiye and peremptory 1t relates to all corpor
atoms, except those only for municipal purpos s. 1t
clearly prohibits their creation by special acts if the
objects desired be secured under existing laws.
These amendments direct you to useful and men,
orable work. The more of it you do-the closer the
bounds to which you conne the necessity for special
legislation-by so much will you conform the more
nearly to the spirit and letter of the peoples COM
mand and expectation, and heighten their approval.
The amendment giving the Governor power to
grant conditional combinations and pardons, may
be construed to to existing regulations, or as
contemplating further action on your part in pro-
vidiLg regulations relative to the manner of apply
ing for pardons 1t is earnestly to be desired that
such regulations may be established as shall mater-
ally assist the Executive in the discharge of this the
most delicate and responsible department Of his
duty.
Rarely, even among the wretches who have in
CURED the heaviest sentence of the law is there any
criminal so utterly debased, so thoroughly devoid Of
redeeming qualities that nothing can be urged in ex-
tenuation of his crime and friend will come for
ward to plead his cause. In most the appeals
for the mitigation of sentence urgent and persist
emit 1t is the intent of law that every accused
man shall have speedy, public and impartial trial.
Justice having thus been accorded to the criminal,
justice to society demands that he shall bear the
penalty imposed on him. In occasional and exeep-
tional instances substantial reasons adduced for
mitigating 1t. The meaning of this new amend
ment is not, in my opinion, that the pardoning
power shall may be freely exercised than it
has been heretofore. 1T is intended to afford pre-
caution against deception, mistaken undue lenity,
in cases that appear to amply justify the exercise
of the power to protect the pardonng power rather
than to enlarge it. A measure will be alluded to
further which bears upon the subject of pardons
and communications.
The amendment in regard to ''bribery at elections"
is permissive and not mandatory in its terms. If
such law as you are authorized by it to enact,
should accomplish other good, it would at least
serve to place stigma upon the crime of making a
commodity of the high privilege Of citizenship, and
to denote the just resentment by the sovereign people
of grievous insult to their dignity.
The amendments relating to the election of sena-
tors by plurality vote, to the appointment of judges
of municipal and police courts, to taxation and to
constitutional conventions wonld seem TO require
new legislation.
1t is made the duty of the Chief Justice of the
Supreme Judicial court to submit to you at this
sion, codifcation of the constitution as amended.
Sections one, two and five Of article ten of the ex-
listing constitution, are to be omitted in printed
copies thereof hereafter prexed to the laws of the
state; but their omission is not to impair the va
dity of acts under them, and section five is to re-
main in full force as part of the constitution.
nUrC ,rNFI7 IA DIT IA CT
respectfully suggest for your consideration the
passage of law empowering the jury to afix either
the penalty of death or of Imprisonment for life in
capital cases. Such law has been in operation in
California for two years. and of twenty mine convic-
tions for murder within that PERIOD eighteen were
attended with sentences to imprisonment for life,
and eleven with sentences to death.
The predecessor of the present Executive of that
state, acknowledges the obligations he is under to
that law for the decided relief it has afforded him.
and gives the opinion that it has probably made the
certainty Of punishment greater.
CITY AND TOWN DEBTS.
W ould also recommend that steps be taken
looking to the limitation by law of city and town
Indebtedness and taxation. The inconsistency Of
limiting the power of the state in this respect and
imposing no restriction, with one exception, upon
the liberty of cities and towns to incur debt needs
no argument. In order that you may have basis
for action, suggest that you cause to be procured
by the state treasurer, or other officer, such
information as will be of value for the purpose. 1t
desirable to obtain from each of the cities and
towns of the state return OF the valuation of real
and personal estate severaly in each and the rate
oftaxation to valuation for 1875 and the four
preceding; and that in returning the valuation for
tho 0iy ol
valuation uponwhich the tax was assessed, but
aso in another column, the fair marketable value.
1t is probable that the returns could be secured and
laid before you in season for your action the pres
ent session,
THE PRoHIBIToRY LAW
I have no official information to present to you
with regard to the working Of the laws prohibiting
the sale of intoxicating liquors. 1t is matter of
common knowledge that they have been very gener-
ally enforced especially in the cities and large towns
where the traffic is most persistently attempted to be
fairly represents the sentiment of the people. The
opposition to it presents in appearance strength
which it does not in reality possess.
The opponents who are entitled to a hearing are
the good citizens, the intelligent, thoughtful men,
conservative by nature, who sincerely deprecate
the evils caused by the sale of liquors. and yet
tenacious of private rights that they cannot yield to
the paramount claims of public order and economy.
The loudest and most aggressive portion of the OPP
position are not entitled to hearing in the court OF
reason, since the only arguments they regard are
those of self interest
Maine has fixed conclusion upon this subject.
1t is that the sale of intoxicating liquors is evil Of
such magnitude that the well being of the state de-
mands, and the conditions of the social compact
warrant, its suppression.
Hostility to the great wrong does not find express
sion solely in the law, but also in the great Reform
movement, whose persuasive power has been so ben
eficialy exercset throughout our communities.
THE OUTLOOK.
Guarding ourselves carefully against self decep-
on the future of noble state still looms grandy
through the passing clouds of this present time.
There are substantial reasons for the expectation
that in the general revival Of business and industrial
energies, Maine will be among the first to feel the
new life.
Our natural resources have not yet obtained due
appreciation. The forest is still dense and valuable
though it has long resounded to the strokes of the
lumterman's axe. The quarrying interest is impor
tant even now, in its very infancy, and there is
practically no limitation to its extension Iron is
procured from our soil and various other metals are
found which would undoubtedly reward systematic
labor.
The sea is constantly increasing the employments
and adding to the substance of the many who har-
vest its bounty.
Our industrial equipment, consisting of factories
mills and workshops which have built up cities and
centres of busy life here and there represents var
GUS trades and crafts and forms noble aggregate
Nor should the shipyards be forgotten, where are
reared the stately and beautiful structures which
make the naval architecture of state the admir
ton of the world nor the thousand miles of railroad
which serve our commerce and manufactures. When
the fresh impulse shall be felt, every energy of the
state will be quickly aroused, cautious capital viii
come forth and our young men will have ample op
portunties at home to crafty their ambition.
Gentlemen, 1 am glad to believe that the recon-
mendatons sense of duty has prompted me t.
make, carry with them no authority beyond thei
intrinsic merit and that they will have the revision
of your better judgment trust that your delibera
lions will be harmonious and result in greta good
the state whose servants we are
SELDEN CoNNoR.
News and other Items.