The Somerset reporter., 1895-01-03
The statute regulating this immense traffi,

under existing statutes, it is only required
/ that he "shiiil reside and have his place
residence in this state" Under the practica
/ Interpretation nf the present statute, liquor
may be shipped direct from other states to tn,
city and town agencies, without ever goin,
into the possession of the comm issioner: ant
necessary tests y competent aSsayer, to 4e
termine the purity of such liquors after the,
reach the State, are not obligatory.
The law compels the person assuming the
duties OF this position, to purchase of the re
firing commissioner the entire stock of liquor
on hand, yet the State does not retain the
power to control the purchases or sales of such
commi 'sioncr, or to limit the amount of stool
to be carried.
1t will BIZ observed by further examination
of the statutes, that the State has CAREFUL,
relieved itself from nearly all responsibility
exc 1t tn a1tnprity to finally pass upon the
numerous applications for liquor commits
soner; a position to which an annual salar.
of only fifteen hundred dollars is attached
and requiring, az regulated, an invested
capital of from twelve thousand to hfteef
thousand dollars 1t will also be seen that thu
State disclaims all liability upon any contraci
made or obligation created in connection with
the business carried on, but still tIkes III
profits on the sales made by its agent
If the State is to continue the maintenance
of a State agency, and authorize city and tow
agencies, more stringent legislation regulating
the same should DE enacted; wo h uld reeog
nize that these agencies are established solci,
to provide pure liquors, strictly for TIE pur
poses contemplated under the law san .sionin.
their creation As now permitted, the stat.
is IA silent partner sharing in the profits. l
it is to authorize the source of supply IN tn
future and rcce We its percentage on sales
should assume direct supervision and eontro
of all purch tscs, and of all sales 10 the eitj
and town agencies. | recommend that . tue
the State quor agency be abolished, Or thu
in
tion indicated
The municipal officers of cities and town
have the right, under existing law, to esthtiis
city and town agencies, and are now req aire6
to purchas, their stock of liquors through tht
State agency. Under a former statute, TIN
municipalities were authorized to supply suel
aeencies ind, end,nt of a State liquor agency
With the larSr number Of these agencies til
maintained throughout the State. the legal re
strieu 5ns 7nrrouf ding this method were no
considered sufficiently rigid to prevent al
abuse Of the authority conferred upon citie
and towns. and the Legislature abolished tht
system, and established the State agency !
report. subsequently made by IA Legislative
commit upon this subject, indicates that th
latter M tho did not then entirely meet TIN
appreciation OF the friends of law and 20 d or
dr.
Should you de- m it advisable to discontihu.
thu pre- mt method, and still continue Il
auth re- city and town agencies, other qnes
tons will MAJ arally arise. If it is impractical
Ii for the state to assume the direct RESPONSE
bility of s1lpiy n such agencies, then yot
may be called upon to consider, whethsr i
will be juaiciouS to confer independent author
ity upon the municipalities. Permit me Il
suggest If legislation be contemplated III the
latter direction, it should be guarded by tn,
most inexible legal restrictions; regulations
should be established for proper tests AS to the
purity of the purchases, after their arrival IL
thi. 81 thp pr0fits of the citipa and
sh ould De limited to a sum not in excess of thu
actu1l cost of maintaining the agency: suct
agencies should be continually subject to in
speetiOn by competent aSsaycr, and absolute
power should be conferred upon the courts t
summary close any agency, should 1t bt
found upon investigation, that it no
being conducted strictly in accordance will
the int anton of the statute.
Whatever action you may deem il wise Il
take, ii should be with a purpose to promote J
the cause of temperance in the State and
remedy existing conditions.
No reflection whatever is intended upon any
one connected, either now or in the past |
with tn = management of the State agt ncy, OF
the way, GUS city and town agencies. My crit |
cism refers solely to the law governing thu
same, and to that the remedy should be un
hesitatingly and vigorously applied.
Special and Private Legislation
The people have ordained by explicit const |
tuIlOnal provisions, llaI legislature snail |
from time TO time, provide as far rs practica |
Bile, by general laws, for all matters usual |
appertainlng to special or private legislation,
and that corporations shall be formed under
general laws, and shall not be created by spe
ca acts Of the Legislature, except for inu
nicipal purTos =, and in cases where the Oh
ject3 of the corporation cannot otherui-,. b
attained and, however formed, they she'd Tor
ever be subject TO the general laws of Tia,
State"
This requirement has by many legislative
bodies. since its adoption been practically dis
regard ID. Our statutes burdened with
legislative enactmenfs, clearly at variance
with the intention and spirit Of these plain
provisions. While special and private legisli
ton is not prohibited IN aDs,.~,. lin E, =.
law-mal<ing power is commanded 10 1rak
provision, far practicable, by general
laws, for matters of this Character
The constitutional proVi SiOns bearing upon
this question are somewhat elastic, leaving
much t. the discretion and judgment of the
Legislature. It's proyiSlC n are especially
adapted to State SO vast in territory our
own, with so many interests requiring legisla-
ttln, at times, to aid i'll development Among
tia numerous matters that will come before
you for consideration. you VIII find many that
can be beneGcially provided for by gere al
and uniform laws. Other subjects will cont
before you where safer and better results ear
be reached, and more advantageous to com
munities and the people, by discreet special
legislatiop applicable to the same, and where
it would be unwise and injudicious for the
Legislature to surrender, by general laws, its
power of control
At its last session the lie yislature, appreciate
ing the important of limiting TO me extent,
the RAJ i'd CROWN tendency of special legs a
ton, authorized the appointment OF II hoa Il OF
three commissioner to take int, conSide "a ion
the subject OF private and special l. g!slaii9n,
to investigate and ascertain what subjects
might properly be provided for by general
laws for which special legislation had hereto-
fore been asked. UnGer the resolve, Honor
able Leroy II. Carleton, of Winthrop, Honor
able FIR ID 4. Appleton, of Bangor, and Honor
able William II. Fogier, Of Rocl1and, were APP
pointed They have given the subject patti mt
and ext ndcd Investigation, and the suit will
be placed before you. Their sugg, ions and
recommend ltions deserve the favorable CON
liberation of the lie ,islature, and You can by
gen, raj laws, relieve the legis'a i've branch of
the government of much private and special
legislation, which will result in shortening the
sessio on, tightening your iabors and reducing
the public expenditures.
state Flower
The National Garland, to be composed of
flowers selected by the d.iferent sta eS Of the
Amei lean n will aporopr atey re resent
not only tn r Jade II ndent SOW r,igni =, bu I
great and free kepublic. The selection OF
Names flower for this garland, under the d
recti, o. he Name Floral Emblem Society,
of which Miss Janet L. Dingley, of Auburn, II
Pre-. ident, has lie IN su' United to popular
vote, and very deep interest is manifested !
the choice. Later III the session the so 'lesy
VIII ask of you appropriate legislation, which
you viii clir,rfully grant.
/