The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-03-05
900 -. =. = -. -
LIQUOR LEGISLATION.
Committee on Temperance in Favor
Of Increasing the Penalties.
ANOTHER BLOW AT THE DESCRE-
TION OF THE JUDGES.

strued Fine OF Imprisonment-Thr
Months for Illegal transportation
All Previous Convictions to Be Alleged.
Especial to The rRESS.i
Augusta, March 4.-rhe amendments to
the prohibitory law, as proposed by General
Neal Dow and amended by the committee
on temperance have been printed in the
form CT Il bill and now lies on tue desks OF
the members of the Senate and House. The
will itself does not make it apparent just
4 What change it nakss in the existing law.
Is 1t shows only how.thc law would read as
amended. he bill is entitled IAN Act to
amend section one of chapter ID, and
sections 81. 81. So. 81 nd 40 OF chapter q. OF
the Revised statutes"
Chapter 1856 of the statutes relates to zen
tence and execution. AS amended by@the
last legislature section one reads as follows;
''Sec ion mo person shall be punished
for an osfeuse until convicted thereof in
court having jurisdiction OF the person anu
case. When no punishment is provided by
statute. Il person convicted OF an oHense
shall he i'm prisoned for less than. one yea.
or fined mt exec eding i've hundred dollars.
Wien IL is provided that he shall be
punished by imprisonment and fine, or by
inlurisonment or nne, or by fine and in
addition thereto Imprisonment, lie may be
sentenced to either or both. in al cases
where a line is imposed he may he sentenced
10 pay the costs OF prosecution; and for
violations of sections tLirty-four, Thirty
FIVE, tbirty-seven, forty and forty-ive OF
chapter twenty-seven, he shall be sentenced
10 pay such costs"
Tie peLding bill makes this section read:
section No. person shall be punished
fol- an otfense until convicted ahereof In a
court III, ing jurisdiction of the peIs son and
scase. Mhsn ro Flsupisme Mt Isl proyided
: by statue, person convicted is sucha case
shall not be impi isoned for more than one
Year. nor fined exceeding Eve hundred dol
lars. In all cases where asssAne is imposed
The party shall.be SserirencedsN TO pay TIE
costs Of prosecptiqn.sN Sisss5 il &,
1t will be seen thai by striking out the
provision that where the law provides for
punishment hy fines and impgisorment, an
offender may be sentenced oSeither or
both, the bill removes the discretionary
power OF the courts and leaves the law
mandatory as to the infictioD of both the
tines and imprisonment.
Then wa cone to the amendments to
chapter 81, which is the chapter dealing
with the sale of Intoxicating liquors
section 81 rel;t. $ 10 1 lie Illegal Transports
ton of liquors and makes the penalty there
Of $50 tor each o6ense. The bill makes
this penalty S100 fine ana three months i'm
prisoE ment at hard labor for the first
offepsa and Tor subseqent offens SEQ fine
ana six months Imprisonment. - PreHians
convictions of violations of any provisions
of cha pier 27 are made applicable as pre-
vicus conviction under his section. a
provision is added mat servants of trans
portation companies who knowingly assist
in the illegal transportation of liquor shall
be liza BILE TO fine OF Sl00.
Section 81 forbids The sale of liquor in
violation of the pro, isions of chapter 81.
either rs principal or agent. and establishes
penalty of fine or iInpr.s onment for the
first offense and Enc and Imprisonment for
subsequent ofTenses. I he bill makes the
penalty 500 and three months for the first
and sos and six months for subseq uent
offenses with six months added in cases
where the fine is not paid. All cases OF con-
victioD shall carry with hem II the costs.
Besides the clerks, servants, agents., etc,
now ma d. liz 5la Il S phi cipa Is, the bin in
clrdes .'any, ue1son who shall in. any man
ner help any. one by watching. 4 keeping
guursl or otherwise to avoid detection Tie
bill adds hat s'all quors intended or SUP
Jo-ed tn Or intended Tor unlawful sale in
The stat e may be seized While in ira nHit and
prore-ned against the same rs if they were
unlawtuils keI,t or dept siied in any place,
and any s'ea0 boat railroad or express COM
pany knuwinlly transporting or bringing
sL.A iiq, crs into lac state shall upon con-
v.c'ian pay II line of Two hundred dollars
and costs for each o.fense. Defendants in
every case of conviction under any act re-
lsiing 10 intoxicating liquors shall in addi-
iiou to he fine pas ali costs involved in
said case.
1T is lie special duty OF the mayors. city
narshals and pGlce of les. aa well as
that of sherifs aud their deputies, and
selrctinent and eonstables of towns aud
plantations. to be active, visilaut ana
iailLsCl III dei1 cting anta bringing 10 speedy
punishment n. and Ill persons guilty of
violating this or any law relating to intoxi-
eating liquors.
To seciIun IS. which relates 10 common
sellers, the bill makes amendments increas-
ing he penalties il the sane manner as in
ihs preceding sections. 1t provides fur Der
that any Gne WHO IL: pad tie special
United stItes tax seller Of strong
] auols; aDy one wEo gives notice of any
kind that he sells or furnishes I'M OK cating
liquors. is common seller of such Iiquols
within he met ming of this section, as al q
his clerks, servants or assistants, who shall
bs held to answer as is The pl Incl pal. ANY.
indictment. complaint Or warrant made in
the enforcement OF Ills or any other act re-
lating to int oxicating liquors shall be
amended before sentence in any case of
misnontr of the defendant when known
that said defendant is the part intended 70
be described, and shall be- amended also if
pe6 essary Ia any error of date OF locality -
1t is then provided that convictions in
trial justices and police courts, where no
appeal is taken, shall he alleged rs previous
convictions in4subsequent cases against the
SAME parties in. the Superior Supreme
courts. No person engaged in the liquor
traffic directly or indirectly. or who has
beepg convicted of any violation of any law
relating 10 intoziraiiDg liquors, is CON-
retent 10 sill tip on any jury, and it is the
duly of The judge at every term of court to
SEQ that the jun les are free from such men,
beYsLiu