Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1876-01-13


cu;oined upon you. by the amendment, To re-
>ir.ct the necessity for such laws TO the mar
rowest possible limits. An analysis and ciassi-
fcaiion of the private and special laws upon
the statute books. will inform you of the OBJ
jccis for which it is desirable 10 provide by
general laws, If practicable.
Many objects have been hitherto specially
egi~latcd upon although they were amply pro
vidrd for by general laws. ! have distinguish
ed authority for the statement that sixty or
more of the corporations created by special
act for each. by the last Legislature. could have
been created and organized under general laws.
The reason why the general laws nave not been
resorted to to greater extent. Is not, 80 taf Il,
| am informed. TO be found in any insufhciency
or defect of those laws. but in the greater ease
and simplicity of the method of application 10
the legislature and in the fancied higher sane
ton Of an authority proceeding directly
from il.
section fourteen. relating to corporations, j.,
comprehensive and peremptory. IL relates To
all corporations. except only those for munich
pal purposes. II clearly prohibits their crcH-
ton by special acts if the objects desired can be
secured under existing general laws.
. These amendment, direct You 10 useful and
memorable work. The more of IL you do-the
closes the bounds to which you confne the ne
cc>>tv for special lcgisation-by 81 much will
YOU conform the more nearly to the spirit and
letter of the peoples command and eXpecta-
ton and heghten their approval
l ne aiittiltiilltUt pNi tue NoNtEutI ppNfl
To grant conditional combinations and par
dous. may be construed 10 refer to existing reg
ulatons, or a. contemplating further action on
YOUR pert in prov ding regulations relative to
the manner of applying for pardons. II i, ear
nr~tiv Ia Dc desired that such regulations may
be established shall materially assist the fN-
rcutivc in the discharge Of this, the most del
icatc aud responsible department Of his duty.
Rarely, even among the wrctches who have
incurred the heaviest sentence Of the law. j.
thor. rit mol nj I,ba.al hnr
oughly devoid Of reuccming qualities, that no.
thing can be urged in exclamation of his crime
and no friend will come forward to plead his
Cau>r. In most ease, the appeals for the mii-
CATION Of sentence are urgent and persi,tcnt.-
II j. the intent Of our law that every accused
man shall have speedy. public and impartial
trial. Justice having thus been accorded to the
criminal. justice 10 society demands that he
shall bear the penalty imposed on him In oc-
ca>ional and exceptional instances substantial
reason, are adduccd for mitigating il. The
meaning of this new amendment i not, in my
opinion, that the pardonin. power shall or may
be more freely exercised than it has heretofore.
II i intended to afford 4 precaution against lie
ccption. mistaken or undue lcnity, in eases that
appear to amply justify the exercise Of the pow
cr; To protect the pardoning power rather than
to enlarge II. \ measure will be alluded 10 fur
thcr on which bears upon the subject Of par
donS and combinations.
The amendment in regard 10 ''bribcry At ciec-
tons, l. pcrmis-iye and not mandatory in it,
terms. Ii such a law A. YOU are authorized BY
II Ia enact, should accomplish no other good. il
would At least serve to place stigma upon the
crime Of making commodity OF the high priv
ilcgc Of citizenship, and 10 denote the just r.
sentiment by the sovereign people Of a gricyou,
insult to their dignity.
The amendment. relating to the election Of
senators by plurality vote. TO the appointment
Of judge, uf municipal and police courts, 10
taxation and to constitutional conventions
would seem 20 FplIltT, piSilfibn
II j. made the duty Of the Chief Justice Of
the supreme Judicial Court 10 submit to YOU at
this session, coditcation Of the constitution a,
amended.
Sections one, two and five. Of article ten Of
the existing constitution. are to be- omitted in
printed copies thereof hereafter prrfXed TO the
laws Of the state; but their omission j. not to
impair the validity Of acts under them, and Sec
ton I'VE i 10 remain in full force a. a part Of
the constitution.
PUNISHMENT OF CRIME N CAPITAL CASES.
| respectfully suggest for Your confederation
thepa>>agc OF a law empowering the jury to allix
either the penalty Of death or Of imprisonment
for life IN capital cases. such law has been
In operation in California for two wears, and of
twenty mine convictions for murder within that
period, eighteen We're attended with sentence,
TO imprisonment for life, and eleven with sen
fences 10 death.
The predecessor Of the present Executive Of
that state, acknowledge, the obligation, hc i.
under To that law for the decided relief il ht-
afforded him, and gives the opinion that it has
probably made the certainty Of punishment
greater.
CRY AND TOWN DEBTS.
would also recommend that steps BE- taken
looking To the Limitation by law of city and
town indebtedness and taxation. The incon-
>I-trncy OF limiting the power of the Stat. in
this respect and imposing no restriction. with
one exception. upon the liberty OF elite, and
towns 70 incur debt. needs no argument. In
order that YOU may have basis for action. sug-
ge>t that YOU cause to be procured by the State
Treasurer. or some other officer, such informa-
tion ~ will b. Of value for the purpose IL
seems desirable To obtain from each of the ritc>
and towns OF the state a return of the valua-
ton VI real and personal estate >eNcraiIy in
each and the rate Of taxation To valuation for
$50 and the four year, preceding and that in
returning the valuation for 1873, the officers
should not only give the actual valuation upon
which the tax was assessed. but also in another
column, the fair marketable value. II Is prob
able that the returns Gould be- secured and laid
before YOU in season for your action the present
session.
IIE PRoHIBIIoRY LAW
have no official information to present to
YOU with regard TO the working. OF the law
prohibiting the sale Of intoxicating liquors II
i matter Of common knowledge that they
have been very generally enforced especially in
the cite, and large towns, where the traffic i,
most per-istently attempted to be carried on in
defiance of them. The law, a. u whole fairly
represents the sentiments Of the people. The
opposition 10 1t presents in appearance a
strength which it does not in reality pos
st.>>.
The opponents who are entitled to a hearing,
are the good citizens, the intelligent, thought
lul men. conservatives by nature, who sincere
~ deprccate the evils caused BY the sale Of IL
quors, and yet are so Tenacious, of private
rights that they cannot yield TO the paramount
claims of public order and economy.
The loudc>t and most aggressive portion Of
the opposition are not entitled TO "A hearing in
the court oil reason, since the onlv arglI-
Inents they regard are those of self-interest
Maine has a fixed conclusion upon thi, sub
lect II is that the sale of intox cating liquors
Is AN EVIL OF such magnitude that the wel-brng
oil the state demands, and the conditions of the
social compact warrant, its suppression.
Hostility to the great wrong does not find ex-
preston solely in the law but also in the great
Reform movement, whose persuasive power has
been SO beneficially exercised throughout our
communities.
THE OUTLOOK.
Guarding ourselves carefully against ,ef-de-
ception, the future of our noble State still
looms grandly through the passing clouds of
this present time. There are substantial rea,-
ons for the expectation that in the general re-
Flva OF business and industrial energies Maine
VIII be among the first 10 feel the new life
Onr natural resources have not vet obtained
due appreciation. The forest is still dense and
valuable, though it has SO long resounded to
the strokes Of the lumbermen's axe. The quar-
ryinS interest is important even now, in il in
fancy, and there is practically no limitation to
it> extension. Iron is procured from our soil,
ana various other metals are found which
would undoubtedly reward systematic labor.
The sea is constantly increasing the employ
ments and adding to the substance Of the many
who harvest its bounty.
Our industrial equipment, consisting Of fac
tories, mills, and workshops which have built
up cities and centres of busy life here and
there, represents various trades and crafts and
forms noble aggregate Nor should the shin
yards be forgotten, where are reared the state
ly ana beautiful structures which make the ma
val architecture of our State the admiration of
the world; nor the thousand miles of raiIroad
Wnlch serve our commerce and manufactures
W hen the fresh impulse shall be felt, every en-
ergy Of the State will be quickly aroused. eau
tious capital will come forth and our Young
men VIII have ample opportunities at home to
crafty their ambition.
Gentlemen, am glad to believe that the rec
concentrations sense of duty has prompted
me TO make, carry with them inc authority be-
yond their intrinsic merit, and that they will
have the revision of your better Judgment
trust that your deliberations will he b.rno,;