Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-04-01

| ORpER.
Mr.. Piummef Of Brunswick presente,
the following order.
Ordered, That J. Il. LitsleAeld Of Psnob
scot b nov excused from further eefvie'
at this session Of the Legislature and tha
the clerk be directed 10 make up his pay In
full to the end Of the session.
Mr.. Piummer said that this was asket
because OF sickness In the family Of Mr.
Littledeld and moved that ii be considered
and given = passage without reference II
the committee.
The order was given passage.
| PAsaHD TO Bn ENAcrsp.
An act to incorporate the Van Burer
Water Company.
ORDzRs OF rnK DAr.
On motion Of Mr.. Orcutt Of Moamuush,
bill. an act 10 amend chapter Eliot the Re
vieed Statutes, ~ amended BY chapter S66
Of the Public Laws Of 1855 and chapter lac
Of the Public Lave Of 1887, relating to
Intoxicating liquors, tabled pending second
reading, wAs tAkea from the table.
Mr.. White Of BAngor-In looking over
this matter carefully I fud many points
that are altogether too arbitrary. cannot
see how il can help the cause Of
temperance any more than the laws
We have nov. and move that the matter
be indefinitely postponed and call for the
yeas and nays.
Mr.. Orcutt OF Monmouth opposed ths
motion and offered the following amend
ment: Amend section by striking out the
last sentence, f" The full penalties shall b.
enforced in each and every case"
The amendment was adopted.
Mr.. Peaks OF Dover-l move TO amend
by striking out section s. l sm in favor OF
this bill. but l bslieve that this section Ia
absolutely ard uuqualidedly wrong, aud
tends to impede the court rather than "a
assist it
The amendment WAS adopted.
Tne question WAS then upon the motion
to indefinitely postpone,
Mr.. Glidden Of Newcastle--I hops
this motion will no, prevail. II tins
bill will lend aid at all TO the enforce
meot Of the law now on the statute
books, so far it 10 good. The Objectionable
men.s which have been adopted but what j,
to my mind the redeeming clause Of the
whole bill, the section providing for the
arrest and detention Of persons found In a
state of intoxicAtion, and that they should
be held as witnesses 10 the case. Let the
rum drinkers be dealt with, as well AZ III q
rum seller. and see il we cannot make the
law more efficient.
that the melton of the gentlemen from Baa-
gor will not prevsil. The people Of this
State have petitioned this Legislature very
numerousiy for some change in the liquor
law and think this law is q good one.
MIR. Noble Of Lewiston--I, strikes me
that a portion Of section 4 should be
stricken out. commencing with "If" in the
33d line. and ending with the word ''ssized''
in the 40th line: "If fluids are poured
out or otherwise destroyed by the tenant
assistant or other person. when premises
are about to be searched msnifestly for th,,
purpose of preventing their seizure by
officers authorized to make such search
and seizure, said huids may be held to have
been intoxicating and intended for unls~.
full sale, ard the pepslties shall be the same
as If said liquors had been seized" A law
was passed IN either 1885 or 1887 that IL q
person hsd in his possession = United States
license, it was prima fscie evidence Of
guilt and should be so held. The courts
hsve held thst TO be unconstitutional. They
have simply recorded that Hs one fact in
The case and the question is still for the
jury upon all tue evidence TO deter
mine whether or not Intoxicating q
liquors have been on the prem
ises Of any person. or are kept there
in violation of the law. II strikes me that
this section is just 81 clearly unconsti,u
tional. IL sets up an arbitrary rule. Il,
says The fluid poured out shall be held TO be
Intoxicating lquer IL takes away from the
jury the element of inquiry as to whether
or not the fluids poured GU! WAS intoxicst-
ing liquors.. 1t is for the jury to determins.
l therefore make that motion TO amend.
Mr.. Orcutt-If officers made raid on -
saloon, and they throw out pail of water,
what are they tnrowins it out for?
Mr.. Noble-Thst's question for the
jury. IL is not for us arbitrarily TO sayithas
1t is Il psil Of liquor.
Mr.. Heuick Of Bethel do not agree
With the gentleman as to the necessity
of et'isiDg GU. that portion of the section
it does not require that this shall be founa
arbitrarily to be iptoxicsting liquor, but it
says "n,ay be held, etc" My understand
ing 10 that II upon a hearing there is evil
dence upon which TO base that presumption
nr upon which they can find as fact that
they would be jus,iHed in 50 finding, and IL
30 found. then tbe ssme penalties apply NJ
II ii had been found In bulk aad had nos
been destroyed.
Mr.. Noble-We have ample provision
for the punishment OF persons who attempa
TO dump any illegal or contrabspd liquor
I can't understand what this section r.fers
TO unless 1t attempts to change the nature
Of the proof.
Mr.. Peaks Of Dover--I copstrue thi.
section differently. l read: ''If fluids
are poured out or otherwise de-
stroyed, ETC.. said flaids may be held,
etc" not by the court. but by the jury. II
sn officer goes into place to search and
sees parties pouring cut fluids msnifestly --
and 1t must be under this bill. manifestly---
for the purpose Of preventing their seizure,
then what else could they be bu. intoxicat-
ing liqnors' That being proved. it i, SIM
ply evidence to the jury. The fact must
be proved in the jury.
The amendment WAS re jscted.
The question vas then upon the motion
to inde finitely postpone, and Mr.. White of
Bangor having called for the yeas and nays.
they were ordered.
fea-Callabap, Dickey OF Fort Kent, Dickey of
Lewiston, Clifford, Keegan. Merrill OF Ediine'on.
Mullen, osgood, stone, mayer, Vaughan, White.
Nay-Adarps, Alien Of Presqus Isls, Archibald
Bradford, Brainard, Brown, Buoknam. Burgess.
CLARK, Ciasor, Coolidge Cummings, Davis, Deer,
ing Of saeo. Dennen, Dole. Drew, Drumrnopd.
Gentleman, 6ilmore, Giidden Newcastle. Gfave,,
Gray. Greeley, tam II Dresden, Ham Of Lisbon,
tioses busacy. johnson. Jones .of BrooksviIle.
Kane, Kelley, Keudall k'mbsll. Lamb, Leavift.
Lei. ht' OF Debois, Lewis, Libby of Bingham.
Lieby Of StsDdish, iittiefcls, Mxrston, Maxin.
McAIli ter. Merrill Of St. slbans, Miller, Mitchell
Moore. NJ orse. Newell. Nlskersyn. Noble. otcu /.
Packard Of torinpa, Packard OF Searsport Par
fer. Payson, Peaks. Plummer. Rifeout, RidIon,
koiiias, ssreent, sevsil. Shaw Of Bath, shaw o;
porttzrd skolheld, Smith Of Portland. Snow,
j IL. IitcoDb. TotmaD, frussell, waterhouse
Weeks. Wymsn<--s5
ABsEsT-Aileu Of Denmark. Aver, Bird
Bracket Chasbourne. Cote, Cousins, Croeker
Deeriag Of Wstsrboro, Dunn. Ervinc, Fsrrand
Fuller Of fremont. Cannon. Glidden OF Yinsl
haven. Gould Guptin. Gusbee. Hartman, usr
Jspes Of Brighton. KsIsr, Knight. Leighton Of
rraseor. Lsveqoe, Martin. Mooefs. Monroe
Nash. Nelson, SeEcomb. Newton. Patterson
rsriey. Porter ssne, Kicker. Re Der =. Ross
Webb, @escott, v w6itiep.--5i.
So the motion to Indefinitely postpone
wss lost.
Mr. Dickey of Lewiston moved 10 amend
section by striking out in the 1ith sut
12ta lines The words "and In addition there.
10 be imprisoned so asys"
Messrs. Hzges Of Dsering and Peaks oi
| Dover opposed the amendment.
l Tta sf al