Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-03-11


1885, relates TO the consfabulary, the al of
County Attorneys and that restricts sale of cider
TO quantities of gallons.
M. Speaker rise to move the substitu-
tion of the minority report of the temperance
committee for the majority. was misrepre-
sented and am informed misunderstood in
my position upon the recent proposition from
this committee. Misunderstood | do not
wish to be, and will correct on every possible
occasion. Misrepresentation is what we are
all liable to and cannot avoid. for MANY in
argument and conversation make use of that
and vituperation only.
now request the courtesy of the House
that l may declare in brief and general
wav, my reasons tor dissenting from the ma
Jority. will preface my remarks by the un-
qualified declaration that believe in and will
ever support temperance, temperance in all
things, and that | do not favor public rum
shops and consider all tipplng resorts great
evils.
The minority of this committee represents
about 2000 petitioners. including several ex-
mayors and many of the most prominent
citizens of Penobscot county, who ask the
repeal of sections ,, 3, 1 and 5 of chapter
241 of the public laws of 1880.
As to section ,, they ask that the words
''as a beverage" may be repealed because il
renders the sale of any cider impossible when
intended for drinking even in the family cir
Gle. l cannot conceive how cider can be sold
as cider unless for beverage.
This section if unrepealed and enforced to
the letter. would prohibit the drinking of any
cider. which might be acquired by purchase,
which is ridiculous to the last degree.
By the repeal of section 3. they ask that
these words, ''when sold in quantities of five
val1 md .rls lnl,x IL
away at the same time" may be stricken out
because they conceive it to be a senseless
restriction. If five gallons may be sold there
seems to be no good reason why one quart
may not be, always remembering that there
is sufficient law against tippling. Surely it
is unmcaning to say that five gallons of cider
are harmless, but that one quart is injurious.
There is large class of temperance men
who feel, as they express it. that legislation
has gone too far in prohibiting the sale of
cider. 1t is madness to ALLEVIATE these tenn
perate and influential men reform needs their
prestige. BY accepting every aid offered
a brilliant future is before the reform move
ment; but, if large, very large body of
moral and moderate men are forced into OPP
position, the defeat will be inglorious. Let
us not endanger our strength by triting and
unreasonable restrictions. Already the NUT
public opinion may be distinctly heard Let
us accommodate ourselves to the inevitable
and take advantage of it rather than be over
whelmed by its tide. Thus far we have had
the support of the peoplc-the repositories
of all power-but they will 90 no farther.
and we must consider, yea, reconsider if we
desire their support and strength. The pco-
pie will not submit to such interference nor
suffer their just rights to be thus abridged.
In relation to section 4, well known as the
constabulary clause, think can make my
self understood in few words. 1t proposes
to entrust the Governor with the power to APP
point to enforce the liquor law special con
stables, two or more in each county where
the sheriffs, deputies. city marshals. police
officers, and constabes neglect to perform
their duties. This is very bad doctrine, and
in fact is rather an incentive to the abandon
ment of duty than otherwise. Where an
officer does not perform his duty, instead of
obliging him to do so, this law permits him
to continue to act in a position, the duties of
which he neglects so fiagrantly as to require
the appointment of special officers to enforce
the laws. Do need to say one word further?
if so, may add that special officers have
been appointed in some counties under this
law, and that complaints have been brought
to the notice of our committee, declaring
that these special officers in one or two coun-
ties neglected their duties. OF course they
should be retained in their office under the
principles of this provision, and other spec
ias should be appointed to do their duties
And so this might go on without assingable
limit, until every eligible citizen was en-
braced in this constabulary force. and the
State treasury exhausted by their fees. This
may seem an exaggeration. but it is certainly
ritbip tbn iitifias ;,,I oT 10,
islation. II is not an intelligent policy to
ignore such dcrelction of duty. but it is less
intelligent and far more culpabc to- connive
at such dercliction. In view of these cOnsid-
erations ask the repeal of this section.
We have now come to section ,, which by
its terms would give the Governor the power
to peremptorily remove the County Attorney
of any county upon representation of neg
ligence in the enforcement of this law, and
to appoint another person in his place. be-
lieve this law is unconstitutional. that no
Governor could remove such an officer in
such way. That the method of removal Of
a civil officer is by Impeachment. and by no
other method can an officer elected by the
people be removed. I feel bound to favor
the repeal of this section. or should feel
that ! was entitled to no respect as a mem
Der of an honorable profession.
My duty in regard to the proposition sub
mtted to the House some days since, by my
friend the honorable gentleman from Lew
iston, (Mr. Cook, was plain from the first.
The proposition was to intensity an already
existing law which was clearly unconstitu-
tional. imperative and void. The law as il
stands now SAYS in fact that magistrate un-
der certain circumstances ''having knowl-
edge" (these are the exact words of the law
of a conviction under it. and afterwards fails