Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-02-07
NO.. 33.

Now you will see, gentlemen, that this is
gross injustice. 1t is a violation Of the funda-
| mental laws of right and wrong, and the law
which prevails IN every other department of the
| administration OF justice that man shall not be
/ Obliged to come In and swear that he il not
guilty, before he can he heard to defend himself.
/ And that ls the way this law practically works.
! The burden of proof is cast by the terms of the
law upon the apothecary to prove by his oath that
| be Is not guilty. We say that when he sells for
| legitimate purposes. for the very purpose which is
| recognized as the very foundation of part of
the Maine Law, the permssive part, the good
part he ought not to be subjected to this rule by
! ~h ch ne must prove his innocence before he
he heard 70 defend his property. We ask for this
| bill that this burden of proof may be changed;
| hat Il may be taken from him and placed upon
| the government to establish his guilt before his
property Is sacrificed, something which exists In
M other class of ca,es, in other branch of the
| adinloistr ,tlon of the law.
know that when he files his claim and makes
| oath, he may come in and defend, and then the
question whether he intends to sell the liquor
rnntrary to law, may be tried by the magistrate.
Bat by the law he cannot be tried until he makes
| oath, sc. Take one of these apothecaries. They
| nave, under some emergency some case of dis
ress, some Of sudden accident. danger of
| lfe some good man like Mr.. Nye or Mr.. Otis
Neal DOW has come to them and said, my family
| sick. My physician says they must have some
| vine or brandy or something of that kind as q
-timulant TO arouse their dying energies and keep
| lie IN them, as is very often the case if they
nave been wounded, and they must have some to
help aud save taem 10 this dangerous condition.
"Now sell me u little wine," and out of humani-
| tvs sake they sell it, What then: Why, the
'ticer comes in, and takes this property; and the
d uggist cannot 20 in before the magistrate and
make oath that he did not sell intend to sell II
contrary to law. Because the law does not allow
him to sell even for saving life. 1t is an illegal
sale which the law Furnishes, although it is for a
legitimate purpose and does good, and does no
/ | say haf il all And tba
purpose OF this bill Is to relieve the apothecaries
from this unjust burden that is cast upon them,
and shift the burden upon the government.
But YOU will understand that this law does not
protect any man who undertakes to sell for any
unlawful purpose but only for the Purposes that
are recognized oy the Maine Law. WHAT we ask
Is that this agency. this mode Of furnishing to the
people what the Maine Law has promised and
held out to the people they should have, and what
they demand As their rignt,-we simply ask that
this bill may be substituted for the defunct town
agencies, which have died from their own inher-
ent intrmities.
Well, gentlemen, this is the way the case stands
aud within few minutes | will relieve your pa
ience. | maintain, and that Is why signed that
petion) that 10 the present condition of the town
agencies, there Is moral necessity for apotheca-
ries 10 sell liquors for u medicine. There is
other way that the community can be served.
There Is no other way that temperance men are
served. Tney demand this at the hands of the
druggists. They go to them in cases of emergen
cy aud distress. They say that this liquor
must have. We cannot wait 10 send to any.of
the esta 1lished agencies" Aud these apotheca-
res equentv do take the risk of the pans and
penalties. We went to relieve them from that;
aud that Is The main purpose OF this bill,-to re-
lieve them from this odium that attaches and take
them out from the position Of common rumsellers.
We believe it is pei iecty safe and better agency
than the old system which is presented in the
Maine Law. And repeat, gentlemen, once more,
that these men have right to be relieved from
l 4 nd | hpl pliAvn will ha roltQ cd froun
1t. Whether this is a dead dog" now or not, the
dead dog, if 1t be so, may come to life another
time. | believe it is the best agency you can
have for furnishing liquors so long as they are
held to be necessary by the community; better
than these agencies. which have been rum shops
where rum has been freely sold for drinking par-
poses. And that is one of the reasons why they
nave died out as they have, and are going fast
down TO their everlasting sleep. Now, we want
an agency that the people demand; that is
more safe, convenient. more ready and
in safer hands. And believe il will
be all that in the hands of apothecaries
with all the protection about it that you have
about the agencies. And this bill furnishes all
the protection that the agencies ever did the law
and the bond. And, gentlemen, when these tenn
perance men 90 to the apothecary and persuade
ni,n TO violate law because there is emer-
gencY III their family, and he yields to the de-
mands of humanity, say there is law that is
higher than the statute book, written by the I'm
ger OF God on the hearts OF men. Aud | care not
II 1t Is for legitimate purpose, no matter for the
mere form of law which hedges him about with
these pains and penalties. he will obey the higher
law He would be less than a man if he did not
relieve the distress of humanity Certainly he
Will sell; and he would be less than man If he
did IA, sell.
And, gentlemen, this is the ground on which
this case stands. Ii is because the com munity
demands this aud wilhaye it, and the Law fails to
provide q suitable way in which they have it
iawlully. We want il not merely tor the apothe-
/ 81 les. We attt fart fha Inf nf hns man
who use it as u medicine; aud it is upon this
ground that tnis matter rests. Thanking you,
Gentlemen, for your careful attention, | submit
this matter INTO your hands.