The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-02-28

'cECI. The governor WIFI INC duNIc0 duu
consent of the council, shall appoint a COM
missioner to furnish municipal othcefs OF towns
and cities in this state, with pure, unaoulIefat,
ed, Intoxicating liquors, to be kept anu solu
for medicinal. mechanical and manufacturing
purposes. Said commissioner shall reside III
tins state and shall have his place OF business
IN this state, at such place as shall pc approves
by the governor and council, and snail noIu
his office for the term of four years, unless
ooner removed by the governor with the al
vice ana consent of the council, ana until an
othcr 1s appointed in his stead, ana snail %
paid an annual salary of fifteen hundred dol
lars, payable quarterly out of the state TREAS
ury He shall be allowed reasonable expenses
OF Office and present his account, under oatn,
with vouchers therefor to the governor and
council, annually in December, to the last Gay
OIL the preceding month, who shall audit the
same and direct payment from the state treas
ury. He shall also be entitled to Interest," on
the average capital actually invested by MIN
II his stock OF liquors, to be determined by
he governor q nd council
SECT. 2. Tue commissioner shall keep in
stock, at all times at his said place of business
IN this state sufficient stock of liquors to sup
ply the demands OF all duly authorized town
ana city agencies of this state for not exceed
Ing two months, and all such agencies shall be
supplied from said stock so kept at his said
place OF business in this state, and from no
other source and in no other manner. If the
governor and council are of opinion that said
commissioner is carrying larger amount of
stock than is necessary to comply with the pro-
visions OF this act, they may direct him to dis
continue purchases until said stock is reduced
to such an amount as they may order. All al
cohol, whiskey, brandy, rum and gin hereafter
purchased by such commissioner, otherwise
than in bottles, as hereinafter provided, shall
be analysed at the commissioners place OF
business in this state by a competent assayer,
appointed by the governor and council. But
the governor and council may authorize the
purchase, by the commissioner, of any OF said
kinds of liquors, in bottles, if deemed exped1-
ent, and in such case may cause the same to be
inspected and tested in such manner as they
may determine. All other intoxicating liquors
purchased by the commissioner shall be in
spected, tested or analysed, by a competentas-
sayer, at said place of business, in such man.
ner as the governor and council may direct.
All Intoxicating liquors shall be purchased
subject to such analysis, test or inspection, to
be reshipped to the seller at the sellers eX-
pense, if found to be impure. The commits
soner shall not sell such liquors, nor deliver
them to the authorized agencies of cities and
towns, unless so analysed, tested or inspected
as aforesaid, at the place of business OF said
commissioner and found to be pure. The
compensation of such assayerS shall be fixed
by the governor and council, and with their
reasonable expenses, shall be paid out of the
state treasury.
SECT. }. On the back of each invoice ofliquors
sold as aforesaid, TO towns and cities, shall be
written OF printed copy of the assayer's
analysis, or certificate of inspection, certified
to by said commissioner, and it shall be the
duty of the agents of such cities and towns to
preserve such invoices and certificates for
public inspection, for one year after receiving
the same. Each invoice shall state both the
price actually paid by the commissioner fol the
liquors, and the price at which they are sold to
the city or town.
SECT. 4. The commissioner is prohibited
from borrowing money of any party or parties
of whom he may purchase liquors. He shall
not sell to municipal officers of this state any
intoxicating liquors, except such as have been
inspected or tested and found to be pure, in the
manner aforesaid, under q penalty Of not less
than one hundred or more than five hundred
dollars, to be recovered by Indictment He shall
take of such officers for such pure, unadulter
ated liquors and for all malt liquors sold to
them, ten per cent above the cost thereof at the
place where they were by him purchased, and
pay the same over to the state treasurer on or
before the first day of January, annually.
SECT. 5. The commissioner Shall on or before
the last day of each month, report to the gov
ernor and council the names of the towns to
which liquors have been sold, of the persons
buying for said towns, the kind and quantity
sold to each, and the price paid for the same.
He shall also, at the same time, make report to
the governor and council of all liquors pur-
chased by him, enumerating the different
kinds and the quantity of each kind, price paid
and the terms of payment, also the names of
parties of whom the liquors were purchased,
and their place of business and date of pur-
chase.
SECT. g. The commissioner shall before
entering upon the duties of his office, give
bond to the treasurer of state, in the penal sum
of not less than ten thousand dollars, for the
benefit of the state as well as for the benefit of
such towns as may be injured by a breach of
the conditions, and for the faithful performance
OIL MS QutleS ana compliance WlGn Sucn reg lst-
tons and conditions as the governor and coun-
Gil prescribe. In case of his resignation, re-
moval from office or death, and the appoint
ment of a successor, the stock of liquors
remaining on hand at the time of his resigna-
ton, removal OF death, shall be taken at cost
by the new commissioner, after the same shall
have been analysed or tested by an assayer, to
be appointed by the governor and council,
and found to be pure; and he shall, before emit
ering upon his office, pay for the same in cash,
or settle therefor to the satisfaction OF his pre-
| n 0lal ic nlysnIN nfnti yyac
SECT. Z. Hereafter whenever any town or
city agency shall have been abolished, the
commissioner shall receive back all such
liquors purchased of the liquor commissioner
as they may have remaining on hand, after the
same shall have been analysed or tested, and
| found to be pure and unadulterated, under such
conditions and regulations as the governor and
council may prescribe.
| SECT. S. The commissioner shall keep a
sample of all spirituous liquors analysed,
| labelling the same and marking them by num-
Der or otherwise, to conform with the assayer's
certificate, and shall keep such samples during
his term of office. The governor and council
may cause the commissioners stock to be in.
| spected at any time by competent assayer.
| A committee of the executive council shall
| visit the commissioners place of business as
often as once every six months, and make
careful and complete examination of the rec
ords of the office, including all the bills of pur
chases and accounts of sales. The governor
and council shall correct any and all abuses, ii
| any exist; and refusal on the part of said com
missioner to comply with their order or dlrec
| tons relative thereto, shall be good and sufh
| Gent cause for immediate removal from office
| SECT. g. The governor and council are here
| by directed to cause an inspection OF the stock
in each town OF city agency, at least once in
each year in towns, and twice in each year in
cities, and for that purpose they are hereby
Authorized to employ competent assayers, and
empower them to enter at such times as they
may be directed by the governor and council
and without notice, any city or town agency
in this state, to test the purity Of all of the in
| toXicating liquors kept therein. And the gov.
ernor and council may also authorize such
| examination complaint of the municipa
| officers in town and at the expense of such
| town. Any assayer making any examination
| provided for by this section, shall examine the
| invoices of the liquors purchased, and com
pare his analysis with that written or printed
| on such invoices. He shall report Immediately
| the result of his examination to the municipal
officers, and also to the governor and council
| SECT. 10. Upon petition and representation
| in writing, to any single justice of the supreme
judicial court, in term time or vacation, of ter
| or more well known tax payers of any city OF
town in which a liquor agency is established
| that said agency is being conducted in viola
| ton or evasion of the law creating the same
specifying in said petition the violation com
planned of, such justice, after reasonable notice
to said city OF town, if, upon hearing, it i.
shown that said agency Is not being conducted
in accordance with the law authorizing the
establishment of the same, may order sale
agency closed, and the liquors found therein
forfeited to the state.
SECT IL IF a. municinal officer buvs a,,v in