Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-03-16
MEETING OF THE GOVERNORS
COUNCIL.
A Busy Day at the Council Chamber.
All the Members Present.

Al the apppolnted hour the morning session
of the Council was began. Routine business
occupied the greater portion of the morning.
The following petition was presented;
To the Honorable Gorernor and Erecutire
Council Of Maine:
The undersigned, citizens of Waldo county,
respectfully petition your honorable body to
allow the salmon fishermen on the Penobscot
waters to pursue their vocation unmoested,
between the first day of April and the fifteenth
day of July, as they have for the past fifteen
years till the decision of the Law Court in
the case of Thompson VS.. Dow shall have
been made; and as in duty bound will ever
pray.
Section 43 of the fish aud game laws of
Maine, which pertains to weekly close time,
has under it several exceptions, the Penob
scot river being one. Recently, we under
stand, the Fish and Game Wardens have con-
strued the law as not pertaining to the waters
of the Penobscot below Searsport, they now
regarding that place AS the real mouth of the
river This of course is not pleasing to the
fishermen below that place, it being very in
convenient for them to take up a portion of
their weirs during two days of each week, a.
the law for weekly close time obliges them
to do. They contend that Searsport is not
the mouth of the river. The Council will
probably be unable to grant the petition.
Miss Ellen l.. Barton, Principal of the
Portland school for the deaf, was before the
Council with 4 matter pertaining to a deaf
and dumb boy, who has no parents or
guardian, and so is unable to obtain admis-
sion to the school by the usual form of
application from parents or guardian. The
matter was referred to the committee on
State Beneficiaries
The council ordered 5000 more copies of
the Bodwell Memorial Volume printed.
There has been an unprecedented demand
for these books, far greater than for any
other public document ever issued.
AFTERNOON SESSION.
The Council met at 3 p. NJ. The follow
ing report of the special committee appointed
by the Governor to investigate the action of
Special Constable Mcdonald in the arrest of
Edward Hart of Bath, was accepted:
To the Goreraor and Council.
The undersigned, a special committee ap-
pointed by His Excellency for the purpose,
have Investigated the action of special con
stable Allen A. Mcdonald in the arrest and
treatment thereafter of Edward Hart, and
report as follows:
| The committee assembled at Bath, We'd
nesday, Feb. 20, at 10 o'clock A. NJ, and
granted public hearing to all interested, in
the aldermens room, according to previous
notice. The mayor was present with wit
nesses in relation to the conduct of the Off
Ger, which found the resolution of the city
of Bath, calling for this investigation, and
the officer appeared with Francis Adams,
Esq. as counsel accompanied by the Rev.
Mr.. Hill, the president Of the Law and Or
der League, and several of his professional
brethren. Many witnesses were produced
by both parties and a full hearing had.
! 1t appeared in evidence that on the 10Th
day of February, Mr.. Asa Palmer was sew
eral times hooted at on the street by men
more OF less intoxicated, and in the after
noon he called on the State Constables and
told them that there were men drunk on the
street and that he had been insulted by them
and he wanted them arrested. Mr.. Palmer
thinks that he described the man, who ac
costed him, to the officer, without giving or
knowing his name; while on the other hand
officer Mcdonald says that Mr.. Palmer gave
him the name of man well known to hin
as the offender. Without discussing the
question of who is right in regard to this
we are satisfied that officer Mcdonald start
ed out that afternoon after his talk with Mr.
Palmer, determined TO arrest some one Il
make an example of him. II seems the maj
he arrested was Edward Hart, who wa
not shown to have been one Of the offender
complained of by Mr.. Palmer. There is
great conflict of testimony as to Harris con
diton so far as regards intoxicatioD. w
are satisfied that Hart had been drinking
heavily through the day and was at the tint
of his arrest largely under the influence o.
liquor, but was not in such a condition as 4
warrant his arrest. it would seem from tn
, preponderance of evidence and from tn
5 judgement Of the municipal court in whicl
} he was prosecuted and discharged. At tn
time Of the arrest scufie took place il
which the officer used his billy freely an
, vigorously, but we are by no means sure
z unwarrantably, when once he had undertak
en- to make the arrest. We are satisfied tina
the officer acted in good faith in making the al
rest, and supposed that he was acting With
the line Of his duty at the time, but was act
7 ing under considerable excitement caused b,
: the report Of Mr.. Palmer and the feeling 0
hostility against the State constables man
!. Tested by certain parties.
: At the time of the scufie, and the use q
It the billy above referred TO. the oflcer ps