The Portland daily press., 1895-03-27
.The Dow Liquor Bill is indefinitely
Postponed
To the Editor of the PRESS:

To the Editor of the PRESS:
The PRESS of the 22nd inst. had a
notice at the head OF long column
which have borrowed for the head OF
this article. should not think myself
called upon to make any reply to 1t, but
for the brief editorial in which the
PRESS gives what it supposed was the
reason why the legislature dismissed the
proposed amendments to the LIQUOR law
SO summarily. The pretense of the leg
| islature seemed to be, as the PRESS
thinks, that the amendments were
| very crude affairs, and some of them
clearly in conflict with the constitution. y
| That one for instance that made the
possession of United States license
(there is no such thing) conclusive proof
of violation of the prohibitory law was an
unlawful interference with the province
sive is for the jury to determine, AMI for
the legislature to undertake to settle it
| by statute is practically to abolish trial
by jury"
| The PRESS is mistaken. ] did not
propose anything OF that kind. but left
every thing to the court as it now is.
The law as it now stands makes the
possession of United States Especial
tax" receipt, as dealer in Intoxicating
| liquors, prima tacie evidence that the
party is in violation of law. This was
generally ignored by the courts; my
show to the satisfaction of the court,
that he had not in anyway directly or
indirectly violated the law as the pay
ment of said tax plainly indicated that
he had done. The court, TO lie satisfied
on that point is the judge and jury, and
the trial of the case would be in their
hands. The PRESS will see therefore
that the rights OF judge and jury would
not be touched.
The PRESS says: "The punishment
for illegal transportation was also vastly
out of proportion. TO the pun
shment for liquor selling, and was
therefore in violation of the constitu-
tionaI provision that all punishments
shall be proportional TO the offence"
The penalty for Illegal transportstio
was PROPOSED to be one hundred dollars
and three months Jail. Ii that was vast
lym out of proper tion to the offense, the
liquor traffic cannot be the gigantic
crimes of crimes" as Senator Morrill, in
a speech in the U S. Senate declared it to
be. | have never heard or seen suggestion
| from anyone that Senator Morrill, over
estimated the evils coming from that
offence. The penalty as the law now
| stands is not less than fifty or more
than one hundred dollars. The PRESS
| will see that the word vastly" can find
no room here. There is no manufacture
of alcoholic liquors in Maine. the supply
! of these intoxicants comes only by ille-
gal transportation, and the law as it now
| stands is not a sufficient protection
| against it.
The PRESS continues: Another bad
| feature of the amendments was that
running all through them was distrust OF
| the courts and an effort to cut down
| their discretion to the lowest possible
| limits"
| 1t is no disrespect to the PRESS for me
| to say that | know as much AS it can
| about the temperance cause and its
needs; and as much about prohi bition
apd the obstacles that stand in the way
of its perfect success My life has been
largely devoted to it for more than hall
a century, with the hope and expectation
that at some time in the future more OF
less remote ali the better part of our
people will be aroused TO the necessity OF
delivering the nation from the infinite
sin, shame and crime Of the liquor traffic.
/ Otherwise our institutions cannot con-
tinue, and Lord Macaulay's declaration
! that their perpetuity was impossible
would he verified. The great obstacle
| lying in the way of an effective admins
| tration or prohibition wherever there is
such law is the discretion now conced-
ed to the courts. In this State that OBJ
/ xots dol hot tho
| legislature ordered the liquor dockets to
| he published in the newspapers in the
| hope that exposure to the publ gaze
might correct the evil. I have many OF
| these dockets, and they are sight to
| behold! All up and down the long list
of liquor cases are the names of convict
| ed rumsellers marked continued, not to
| be brought forward without special
| order of the court" What is the meaning
of this? that they are not to be punished.
| that the operation of the law in their
| cases is suspended? 1t means this: you
| shall not pay or go to Jail, though the
law commands it. 1t means that the
name will be dropped from the docket by
and BY. / have one docket at the head
| of which the name of notorious rum
| seller il eight times repeated: "Continued
| not to be brought forward without special
order of the COURT Many names are
| two, three and four times repeated ia
| that way Every man of common sense
| knows that prompt arrest, trial and pun
| ishnient of criminal is important to
proper administration of laws. MY
proposition in relation TO the discretion
| of the judges of which the PRESS COM
plains, was taken verbatim from the
original Maine law of which the courts
never complsined.
In Bangor the rum shops are wide open
in defiance of law and once year the
saloor lists walk up and pay about S115,
which they Gala license; supposed tf
re by express understanding with the
court. In some other places within my
knowledge, the courts have absolutely
refused to help in any way to enforce the
law. One judge said: "lf an angel from
heaven should ASK it, wouldu't do it,
am confident that none of his can meet
the approval of the PRESS. We can never
suppress the eroo shops entirely with the
enIorc cement Of the law dependant upon
the sympathies, the prejudces and will
of the courts. The liquor law as il now
stands is in fragrant violation of the con-
stitution which imperatiyely commands
the legislature to enact laws with -suita-
BILE penalties for the suppression of the
manufacture, sale and keeping for sale
of Intoxicating liquors." The law as il
l RI