Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-02-07

year if the law passes. They are odious and con
temptibe in the eyes of the community; and the
instant you relieve the towns from the apparent
necessity of furnishing some place where liquors
can be legally bought, that instant the town agen
cles will die a natural death, from their own ln-
herent rotenness.
Mr.. OtiS-What are you going to do with that
forty or fifty miles to an apOthecafy shop:
Mr.. Ba&er-Do as they do when tNey live 700
miles from agency. But suppose they come in.
They must be carefully examined IN all thei
qualifications by thes; commissioners appointed
by the Governor. Aud then they only have a
right to sell for legitimate purposes. Those thar
now in practice AS registered apothecaries are
only protected IN that respect. The instant the,
pass that line they are subject to all the pen
altles OF the law.
But it is said that the physicians, too, cannot be
trusted. This class Of men have been denounced
here as well as the apothecaries. And shoul
like to know who would not be denounced here
by certain gentlemen, no matter who they are or
what they II they do not happen 10 thiuk
just as do, why, they are all wrong They are
all fraud" Amazing eiirontery!' Who are
the physicians OF the State of Maine, woold like
to know, who to sell their souls and their bod
les for a trihe, and get out false ard irandulen
prescl iptions tor men to 90 and get Intoxicating
liquors to drink Who are these men that are
thus as-ailed. Look at home, gentlemen. Who
is your family physicitnf Into whose hands do
You place your own life and the lives of your lam
iy, | would like to know You trust your family
,
that he is fraud, and that he viii sell himself
for % cts, and give false prescriptions when IA
high public trust Is imposed on him BY the law OF
the State that he Is going to violate the law aud
trsmple 1t under his feet Why. gentlemen, this
class of physicians in the State OF Maine are the
highest educated class we can hnd. They have
done more for the community, more for the relief
of distress and suffering; more to sustain hl n
tone in their profession than any other profession
in the State of Maine They have their assocla-
tons they have their characters to maintain, and
the unworthy members 10 be disgraced. These
are the men that come into our families and en-
dear themselves to them by their kindness and
self-sacItces day and night And we trust them
as we would no other men. They know the Sc
crets of every family in your State. Lave they
ever betrayed those secrets! lave they ever be-
trsyed any trust you have reposed IN ihens but
how much better are you oil now IN regard to
these prescriptions, should like to know! Here
your A. agencies established in this State, sell
lag S66,000 worth of intoxicating liquors every
year. Is there one Of those agents that would re
fuse to receive physicians prescription. that
would refuse TO put up liquor in pursuance OF thai
prescription Is there one OF those agents, OF
has there ever been one who would say, ''you are
n fraud, sir | wont rely upon your prescription
| refuse TO give liquor on your prescription be
cause you not an honest man. tell you
No! These agencies take these prescriptions, and
they are glad to get them, and they furnish the
medicine accordingly. so you gain nothing.
How is it 10 place where they have no agency :
Why, then they haven the decent Restraint OF
physicians prescription to Keep from sellins 10
any person who calls.
| was amused at a remark of Mr.. Dow the 9TH
er night. After denounclng the physicians and
stating how unworthy they were TO be trusted To
give prescriptions, he says, there Is no need OF
having these places, ou Just let tue physicians
keep the liquor and deal 1t out to their patients
without prescriptions" The very men VINO can
not be trusted to give prescription 10 be sent TO
spothecaIy shop, to become the rumselleIs
themse Ives aud deal the liquors out without "a
prescription That is logical.
But we do not stop here, may 1t please the COM
mtee. There is another guard IN tuis bill against
any fsllaclous prescriptions ol physicians; and
that is that the apothecares who furnish the hqu-
oIs in accordance with that prescription must
themselves be responsible for It's genuineEcas.
The fact is ii the apothecary sells for drinking
purposes. be lays himself liaoie TO all me penal
ties OF the Maine law. No matter II he has a pre-
scripuoD. If You can show the fact that that ilq-
uor sold for drinking purposes, be Is liable
There Is one thing upon when the gentlemen
have Lahore very mucn, aud with some misdn-
derstandng in relation to ii, thlnk. lhe Idea
as presented Is not the real truta about lt-misap-
prehenson, undoubtedly. They say that these
apothecaries may keep liquors for compOuHdln5
medicine. But the instant they make Il COMPOUND
that is intoxicating, and they sell II, that Instant
they are subject to ali the penalties VI the Maine
law. If they sell intoxicating liquor and mel
dIlnk II, tneu no matter II II /, mixed otherwise
But that Is not the point was coming at How
does TINS thing work Gentlemen say you NAV
keep liquors for conpoundlng medlClue. Legal
ly, that is SO. But how does 1t WORK Ia practice 7
| will tell you how 1t works aud yOu viii see thaI
| differ some what from MIR. Nyes statement OF It,
1t works just 10 this way, precisely lake the
case OF Mr.. Paltidge, to which your attention
has been called. Inc city MARSHAL goes INTO Mr..
Partrdge's store tomorrow with a warrant. AMI
be finds some liquors there and he seizes them
What does the law requile him u do lie goes bacn
to tbe maglst who Issued that WarIaut and
makes hi, return upon it. And the magistrate Is
sues what they call iOel against those liquors !;
and notice is posted up two places,
don't remember which, public notice posted some
where. No notice is given personally to the
who owned the liquors, aud on the return day OF
that libel If nobody appears to claim ;he liquors,
the law says the liquors are forfeited on proof OF
notice. On what ground are they forfeited Not
because there was one shadow of evidence that
they were intended for illegal sale. There is no
hearing on thai question. There is no trial upon
it whatever. They are forfeited proof of the
notce-that is ali. And then the owner of these
liquors is deprived of his property without trial,
without hearing, without any evidence whatcv
er. That is the law. And the effect of it is thai
il nobody appears the property is declared Tor
feited and ordered to be destroyed wlthouta hear
ing, without a trial, and without any illegal ee-
meut being shown on the part of the government.
Now suppose the owner OF the liquor wants t.
that if al officer could take your properly, you
could just walk right into the court and be
ready to defend. But what does this man do
What must he do The statute is as follows
"lf claimant shall appear such magistrate shall
Pr9of Cfhotice aforesaid, declare the for
feited to the city. town or plantation IN which they
were seized.
"lf any person shall appear and claim such
liquors or any part thereof, or hayng a right to
the possession thereof at the time when the same
were seized, he shall file with such magistrate
such claim in writing, stating specifically the
right so claimed, and the foundation thereof the
items so claimed, and the time and place of the
seizure, and the name Of the officer by whom the
same were seized, and in 1t declare that Mey lcere
not so keptor dsPosted for uRidrJR sale as alleged
IN SAID libel and monion, and also state bis bus
iness and place of residence, and shut siya and
make oath or affirmation to tie truth Of the same
betore said mayiStrdte"
So when the ap)thecays property is seized
by an officer, before he is admitted to open his
mouth in court, he must come in and file this
claim as it i, called, in writing, and then he must
make oath thai that liq lor was not Kept for illegal
sale. Thus you perceive that the great funda-
mental .nciple ON which the liberty of the cit-
zen rests, is violated palpahly, and that is that
every man is presumed to be innocent uutil he i,
proved 10 he guilty. This man must take the
burden of proof upon himself and show that he
is not Unilty. He must swear in hot cl,;,, 49,,