Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-02-18
The Amendment to the Liquor
Law.

To the Editors Of the Journal
have been asked by several friends whv
drafted and presented to the Legislature. the
law requiring County Attorneys to serve
notices OF convictions upon inferior courts.
The amendment is designed to remedy a
serious defect In the present Law.
See IS, chap. 81 revised statutes. makes
police courts to allege in their warrants,
previous convictions, where they have ksor-
ledge Of the same.
II criminal receives his sentence before
such trial justice or police judge, that of
course furnishes .'knowledge'' of the convic-
ton within the legal meaning of the term. If
the criminal appeals, As is done in ninety five
(95) per cent. Of all the liquor cases, the ap-
peal vacates the conviction in the lower
court, the legal cow lotion takes place in the
Supreme or Superior Court, and judgment is
recorded on the docket Of such upper court.
No trial justice or police judge can have
lie gal knowledge of a conviction recorded in a
court other than his own. unless the fact of
-uCn COW lftlOn Is 10 MN III
such manner rs that provided in my amend
ment II il no part of the duty of such mag
istrates To come. to the shire town two or
three time a year and overhaul the criminal
papers of the upper courts to ascertain who
mas been convicted and who not.
II il well understood that there can be no
second offence IN tar. until there j. first
| offence that has passed To final judgment.
| Even then, to constitute the crime second
| offence. the fact of the first conviction must
| be set forth in the complaint and warrant /;
| that the ma yistrate cannot do unless he has
| legal knowledge Of it. IT present ne cannot
| have such knowledge. because the record Of
| the first conviction is in the court To which
such first case was appealed. What is the
result? At present. liquor seller as mat
ter of fact. may he convicted for the fftieth
offence. but ~ a matter of iatr, this tiftieth
case is necessarily Il first offence.
The second offence" provisions of the
law are a nulity. and their enforcement rem
dered ridiculous in tine eyes of the people.
The law commands trial justices and police
judges to do a particular thing, fines them
500 for not doing it. and then takes away
| from them the power to it.
The absurd charges that the non-imprison-
ment of liquor sellers is due to the corrup-
ton and wiful neglect of the officers charged
with its execution have been made long
enough. and made in too many cases by the
very men who have been the most interested
in framing and advocating prohibitory legis-
laton. The trouble il not in the officials,
hut in the inefficiency of the provisions of
the Law above set forth
Ny amendment proposes method of Civ
ing to trial justices and police judges. by
whom all search and seizure processes are
a. al l,J, -,
der to utilize the penalties for second offences.
With this amendment. the present Law can
be enforced. Without it. the search and
seizure clause, the most effective feature. is
n nullitv and a farce. II the bill voted dow n
in the House he amended by making the no.
tice pyIma faeie evidence, striking out fees
of county attorney. and restricting the total
expense in any one county to fifty dollars per
year, all the objections raised TO its pro-
visions would be obviated.
In Kenncbec, a county with more Police
Courts than any county in the State,
the annual expense would be about thirty
dollars.
Whether prohibition be right or wrong, it
Il certainly entitled to fair play while in the
statutes. This bill increases no penalties.
1t simply transforms easily. simply.
cheaply. and effectively. the second offence"
penalties from meaningless nonsense into
penalties having the force and power Of law.
I only ask that we nnfortnpates charged
with the enforcement of the liquor law. and
paid for our efforts bv liberal abuse. may be
clothed with sufficient authority to execute
the mandates of the law, and no longer have
our hands manacled.
Respectfully.
II. NJ. HEATH,
County Attorney. kennebec.