Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-03-22

Mr. Da&gett OF smyrna said that the
object he had in tabling this bill was that
wemight look it over and find its errors
and trim it up and place it squarely be-
fore this Legislatures When considered
the bill with some of my friends, we
found it full of errors, although the bill in
substance amounted to Just what VIC
wanted. have therefore prepared certain
amendments These amendments may
not meet the approval of this House but
whether they do or not, they meet with
my approval and the approval of my
friends, and believe meet the approval of
the honest temperance sentiment in the
State of Maine. Two years ago men came
here and on this floor took out the very
teeth and strength of the law as it then
stood by the construction which they put
upon that little sentence In addition
thereto And how did they construe it?
They construed it so it should mean moth
ing, and it left it to some petty Justice to
determine whether Imprisonment or fine
should be imposed. Gentlemen. we pro-
pose to put back in this law the strength
of the law and it is what the temperance
men in this State demand and it is what
they want. l want to say right here that
I am in favor of the spirit of the bill as it
came from the committee. | believe that
this Legislature is bound by the emphatic
language of the constitution and by the
official oaths Of its members to enact laws
with suitable penalties for the suppression
of the manufacture, sale and keeping for
sale of intoxicating liquors. 1t is a dis
graceful fact that the law as it now stands
does not respond to the imperative require
ments of the constitution. Liquor is sold
in any part of the State in contempt of
the law and constitution. 1t is disgrace
to our liquor law The Legislature has
taken out of the law its strength and
effect by putting a construction on this
sentence I'm addition thereto3 that it
shall mean nothing. As the law now
stands we have got a miserable low license
law. Is this prohibitions? And then you
stand up here and say, does prohibition
prohibits The thing is all farce. 1 say
and believe that if this Legislature says
rum shall not be sold within the limits of
this State, it must stop. If you pass this
law, you are only getting back to fair
start, that is all. believe this Legisla-
ture is going to stand fairly on this ques-
ton, and vote for this amendment which
will only bring back the strength of the
law, and by and by we shall go on until
we shall have law that shall extermi-
nate this monster, and people will no
longer be engaged in this unholy traffic,
which is the merchandise of hell. l be
lieve the time is coming when this mon
ster will be crushed out of existence. Gap
plause.)
Mr. Tolman of Carroll asked that when
this vote be taken it be by rising vote.
Mr.. Lane Of Augusta said that if the
gentleman from Smyrna desires to put
some teeth into the law and desires to
have this bill amended so as to put back
the teeth which he says was taken out two
years ago, the question is, why don't he
do it in his amendment? If that amend
ment which he has offered is adopted it
will repeal the whole prohibitory law. Is
he aware of it? Is the committee aware
of what they have reported here? I be-
lieve that that bill came from such a
source that the committee didn't give it the
careful consideration which they would
have had it come from some less eminent
source. l believe that If that bill was re-
united to the committee they would
never report such bill to this House. l
have no reflection upon the committee,
for other committees have done the same
thing. In the amendment which he has
offered what does he say? "a fine not ex-
ceeding $780," According to that, any
court may impose fine of one cent if it
chooses. The law as it now stands puts
some limitation on the downward grade
of the fine and some limitation on the i'm
prisonment l believe the sentiment OF
;, tn ox-a Of
believe it is in favor of suppression of the
liquor traffic but don't believe you can
suppress it by extraordinary penalties OF
by extraordinary legislation. I agree with
the gentleman from Smyrna that this
Legislature is bound by it's oath to enact
laws for the prohibition of the sale OF
Intoxicating liquors with suitable penal
ties, but who is to judge what is suitable
penalties?
A few years ago recollect that murder
was made capital punishment in this
State. What was the result? We hat
more murders within the next six months
than the State had known for years
When we abolished the death penalty, VIZ
had less crime of u capital nature thar
we had before. You can put this pro
hibitory law where you cannot get a jury
to convict rumscller As the law now
stands IA man who is indicted for rum
selling is always found guilty. ] think
there is hardly case where conviction
does not follow Indictment. 1t is the
certainty of punishment and not the
penalty that deters the criminal. If these
amendments are adopted, understand thai
the question will then be on my motion
to indefinitely postpone the bill. If the
House refuses to indefinitely postpone
this bill, ] have several amendments
which ] shall offer.
Mr. league of Caribou said that he be
lieved we had law enough now. | hope
the bill will be indefinitely postponed.
Mr. Daggett of Smyrna said that this
bill as amended does not propose any
more law 1t really brings back the law
where it was two years ago, and where
it has remained on the statute books
for 20 years before. If the last part
of my amendment rcpeals the main
part of the law, did not mean tn word il
in that way. meant to have worded il
so it would repeal the amendments pro
posed in the law.
The question being on the adoption Of
amendments A, b and c offered by Mr.
Daggett of Smyrna.
Amendment A was adopted.
Amendment B was rejected.
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