Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-03-13

~kA1o8 ~1UU - 04B NV
Whosvss sslis iAfsxicatine nq1sss N any
building. vessel = beaa, oen1fasy = nv,
aad ths sans afs thsfs dRaak. h gliity oi
ksepisg drinking hoase a,a tippling shop.
and upoa convicsion theEseR shall b Ansd
e500 apd cosls, and IN additiea shsssto b.
impfisoued one year. In default Of pay
ment OF cid nne and oests. the party shall
suffeR IN additional impEisonnsnt Of one
year"
..Ssetion 10. II any pszs,a competent
10 b . witness in civil suits. makss sworn
complaint before any judgs Of . nunicipal
OF poles court Or Uial justics. thai
be believes that intoxieating liqaofs an
unlawfuliy kept o. dspositsd in any placs
In tie stats By any pefson. and that ths
sAme are intended for sale within the state
IN violation Of lAv, such maeistRats shail
issue his warrant, directed TO any officer
having power to serve criminal process,
commanding him % search the premises
described and specially designated in each
complaint and warrant. and II sail liquors
are there found, 70 seize the same. win the
vessels IN which they are contained. and
them safely keep until hnal action thereon.
and make immediate return on said warrant
The name Of the person % keeping said
Equors. % sforesaid, II known to the com.
plsinant, shall be stated in such complaint,
and the officer shall be Commanded BY said
warrant. Il be hn8s said liquors or has
reason to believe that such person hes con-
cealed them about his person to search the
said person. and il such liquors are found
upon his premises or person TO arrest him
and hold him to answer - keeping said
liquors intended for unlawful sale. Any
person who may be suspected Of selling from
or keeping for illegal sale In bis pockets In.
toxcating liquors may be searched BY a,y Of
officer who may legally serve search war
rent and If liquors are found upon his per-
son may be held to answer - though such
liquors we're found upon the person In the
premises described in this section -
l desire to call the attention Of the mem-
bers OF the Senate and Of the lawyers Of
the Senate to See. in the Consultation Of
Maine. the Bill Of Rights which
resds; "The people shali be secure in
their persons, houses, papers and posses-
seizures; and no. warrant to search any
place or teizs any person or thing shall
issue without special designation Of the
place to be searched and the pePson or
thing to be seizeds nor without probable
cause, supported by oath or affirmation. "
Now, while have no sympathy for the
liquor dealers, officers who undertake or
pretend to undertake to execute the laws
are not always saints; and will submit
that, taking into consideration the constitu-
tionality Of this question, whether IL 10 safe
to allow any officer, no matter who, who
desires to suspect some person-sllowing
this provision Of section 40 TO 70 into effect
ANY person who may be suspected Of
selling from or keeping for illegal sale, in
his pocket. Intoxicating liquors, may be
searched by any officer, who may legally
serve . search warrant, and II liquoss are
found upon his person may be held to an
swer ~ though such liquors were found upon
the person in the premises described in this
section"
II fluids are poured out or otherwise de.
stroyed by the tenant, assistant or other
person, when premises are about to be
searched manifestly for the purpose Of pre-
ven'iog their seizure by officers authorized
to make such seizure, said fluids may be
held to have been Intoxicating and intended
for unlawful sale, and the penalties shall
be the same - il said liquors had
been seized. II the name of the person
keeping such liquors is unknown to the
complainant. he snail so allege in his COM
plsint, and the magistrate shali thereupon
issue his warrant - provided in the first
sentence in this section. II, upon trial,
the court is Of the opinion that the liquor
was 90 afore said kept and intended for un-
lawful sale. by the person named Ia said
complaint, or BY any other person with his
knowledge or G onsent, he shall be found
guilty thereof, and sentenced to fine of
$500 and costs and in addition thereto be
imprisoned one year. In default of pay
ment Of fine and costs the party shall be
one year additional, always at
hard labor.
Section 48 provides. "Section 4S. Any
person found intoxicated in any street,
highway or other public place. shall be
punished for the first offence by fine not
exceeding ten dollars, or by imprisonment
not exceeding thirty days, and upon any
subsequent conviction by imprisonment for
thirty days. Any person found intoxicated
in his own house. or in any other building
or place, who 10 qaarrelsome and 10 dis
sufbing the public peace, or the peace Of
his own or any other family, shall be pun
ished for the first and any subsequsnt con-
viction, ~ provided in the preceding clause
of this section. Any such intoxicated per-
son shall be taken into custody BY any sheriff
deputy sheriff, constable. marshal, deputy
marshal. police officer or wstchm&n, and
committed to the watch house or police
station, or restrained in some other suita-
bic place, until complaint can be made
and . warrant issued sgainst him, upon
which he may be arreeted and tried. Such
persons shall be held to answer % to where
and Of whom they bad obtained Intoxicating
liquors at any time within the past six
months. Falling to answer they shall be
committed for contemps for such term n
the justice or judge may determine, nst
exceeding six months.
There, in my judgment 10 one Of the
most pernicious things in this whole bill
have had some practice under the former
Law which we had and do not hnow but Il
exists upon the statute books today, and in
nineteen cases ont Of twenty have become
entirely satisfsd that where . party {,
required to tell where be gets hiseliquor b.
will invariably lie about 1t, and accusi
somebody who has refused TO furnish him
In this case, il he does not accuse some
body he shall be committed for contemp
for space not exceeding six months. III
il not going to accuse the man who fusn
isbed him the liquor but the msn who il
innocent il II. Section 81, commencing .
line 10. The person or persons Wit
give the information which results in th,
conviction Of violator Of any Of the pro
Visions Of this chapter. shall be allowed b.
the court one fourth Of the fines collected.
10 my judgment thAtsis most psfniciou'
thing. II will raise up > aet Of men ell owe
this State that will bring the who'll
question Of the enforcement Of the iquo
law into disrepute and ridicule. Ssc,ioI
60 provides for certsin fees, certain Yea
sonable expenses and per diem compensa
ton for sheriffs etc. They get their pa,
now. Section Is provides that the couf
shall not reduce or in any way modify th'
penalties or fnes hxed BY this or any othe
act relating 10 Intoxicating liquors..
Under no circumstances, Mr.. President
and l now speak in regard 10 the eject o.
this lsv--I am not pleading anybody's css
as all, ! an simply making these suesea
lions In relation 10 the law and it, eHec
upon the community--HeYe 10 pro
vision thst practically states ,hs
the court In this State does no
do its duty, that there shall
no element Of mercy vhasevee in tn
execution of sentence. fhat vhea ms
10 called guilty the court shall mot 10 IN
way modify the penalties, 1nes and ia
psisonmsnts fixed BY this act Or any otbe
relating to Intoxicating liquors. Ths ful
ttu t. &. A.