Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-01-04

CUf
remedy for such inattention. by legislative
enactment The PEOPLE Of the State should be
given a fair opportunity to test the measure.
There can never be fair and satisfactory test,
if the LEGISLATURE, succeeding every election,
prescribes different manner OF marking the
ballot, for that will only lead to additional
confusion.
WhiIeit may be desirable to enlarge some
what the authority of election officers in as
sisting the voter desiring information, and
provide for a uniform Interpretation OF the
law respecting the counting OF the votes,
believe all radical changes should be avoided
at the present session. The statute exists,
and should have fair trial under tavoraple
circumstances. If it does not then prove sat
isfactory the voters Of the State will speedily
find remedy.
State Liquor Agency.
The State has for many years authorized the
maintenance of liquor agency ITO furnish
municipal officers of towns in this State, and
duly authorized agents Of other states, with
pure unauthorized, intoxicating liquors, 70
be kept and sold for medicinal, mechanical
and manufacturing purposes. WIN the con
tinued advance of the cause Of - nper ance IN
our State, and under the influence OF strong
public sentiment aroused and strengthened
By our various temperance and Christian or
CARNATIONS the city and town agencies have
been gradually reduced, and in 1894 In the four
hundred and thrty-eight cities and towns IN
the State, only twenty three agencies Were
in existence. II appears. however, from ON
cial returns, that during the past three years
Intoxicating liquors were sold through the
State Commissioner to the established city ana
town agencies, amoul ting to $$'3,SOlI
The statute regul. 6ng this immense traffic
seems to be inadequate in many respects. Inc
law formerly required that the commissioner
should have a place of business in Maine; but
.Aa Ay,4E
that he "shall reside and have his place OF
residence in this state Under the practical
INTERPRETATION Of the present statute, liquors
may be shipped direct from other states 10 inc
city and town agencies, without ever gong
into the possession of the commissioner; ana
necessary tests by "A competent assayer, to de
termine the purity OF such liquors after they
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 liquors
on hand, yet the State does not retain the
power to control the purchases or sales of sach
commi ssioner, or to limit the amount OF stock
to be carried.
1t will be observed by further examination
of the statutes, that the State has carefully
relieved itself from nearly all responsibility,
except the authority to finally pass upon the
numerous applications for liquor commls'
sioner; position to which an annual salary
Of only fifteen hundred dollars is attached,
and requiring, as now regulated, an invested
capital of from twelve thousand to fifteen
thousand dollars. 1t will also be seen that the
State disclaims all liability upon any contract
made or obligation created i'll connection with
the business carried on, but still takes Its
profits on the sales made by its agent.
If the State is to continue the maintenance
of State agency, and authorize city and town
agencies, more stringent legislation regulating
tod Shb I1lI
nize that these agencies are established solely
to provide pure LIQUORS, strictly for the pur-
poses cont enplated under the law san ctioning
their creation. AS now permitted, the state
il silent partner, sharing in the protts. Ii
it is to authorize the source of supply III Tho
future and receive its percentage on sales, IT
should assume direct supervision and control
of all purchases, and Of all sales 20 the city
and town agencies. l recommend that either
the State liquor agency be abolished, Or thai
appropriate legislation be enacted in the dlrec
ton Indicated
The municipal officers of cities and towns
have the right, under existing law, to establish
city and town agencies, and are now required
to purchase their stock of liquors through the
State agency. Under former statute, the
municipalities were authorized to supply sucE
agencies Independent of a State liquor agency
With the large number of these agencies then
maintained throughout the State the legal re-
strictions surrounding this method were not
considered sufficiently rigid to prevent an
abuse of the authority conferred upon citiei
and towns, and the Legislature abolished the
system, and established the State agency. a
report, subsequently made by q legislative
committee upon this subject, indicates that tho
latter method did not then entirely inject the
appreciation of the friends of law and coed or
der"
Should you deem it advisable to discontinue
}r,,
authorize city and town agencies, other ques
tons will naturally arise. If it is impractica
bic for the state to assume the direct RESPONSE
biity of supplying such agencies, then you
may be called upon to consider whether IL
will be iudicious to confer independent author
ity upon the municipalities. Permit me to
suggest. if legislation be contemplated in the
latter direction, it should be guarded by tho
most inieyible legal restrictions; regulations
should be established for proper tests as to tho
purity of the purchases after their arrival III
this State; the profits of the cities and towns
should be limited to a sum not IN excess of the
acfual cost of maintaining the agency; such
agencies should be continually subject to in
spcction by II competent assayer, and absolute
power should be conferred upon the courts to
sulumarily close any agency, should 1t be
found, upon investigation, that it was not
being conducted strictly in accordance with
the intention of the statute.
Whatever action you may deem it wise to
take it should be with a purpose to promote
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 the management of the State agency, or
hthe various city and town agencies My criti-
9ism refers solely to the law governing tho
same and to that the remedy should be I'M
Dastatngly and vigorously applied.
Special and Private Legislation.
The people have ordained by explicit consti-
tutional provisions, that 1.-THE legislature SHALL
from time to time provide as far as practical
bic, by general laws, for all matters usually
appertaining to special or private legislation
and that corporations shall be formed under
general laws, and shall not be created by spe-
cial acts of the Legislature, except for mu-
nicipal purposes, and in cases where the OBJ
iects of the corporation cannot otherwise be
attained: and, however formed, they shall for
ever be subject to the general laws of the
State" I
This requirement has by many legislative
bodies since its adoption, been practically MS
regarded. Our statutes are burdened with
legislative enactments, clearly at variance
with the intention and spirit of these plain
provisions While special and private legisla-
-.on is not prohibited in absolute terms, the