The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-08-01
Important Decision Concerning the
Fishery Laws.
HOW GARDENERS CARNIVAL CAR.
RIED A BUILDING BOOM
Band Wagons and Tally Ho Coaches In
wade acknowledgements For the
National Guard Encampment.
[sfEc1AL TO THE PREss.l

ESPECIAL TO THE PRESS.
Augusta, Me-, July 31.-There was re-
Gently handed down from the Law court
rescript in a case which involves the
constitutionality of law passed by the
legislature in 1891 Section is of chapter
95, of the laws of that session declares
that "officers authorized to enforce the
fish and game laws, and all other persons
may recover the penalties for the violation
thereof in an action on the case in their
own names or by complaint or indict-
prosecution may be commenced in any
county in which the offender may be
found or in any neighboring county" /"
In the spring of 1898, Alfred L. Still
phen, farmer living in Pittston, was
maintaining in Eastern river fish weir.
This weir Fish Warden j. L. Thompson
ordered him to remove and upon Still
phen's failure to obey the mandate, he
was arrested by the warden, on warrant
issued by Trial Justice Ulmer Of Rock
land, in Knox county, taken TO that city
and tried before Justice Ulmer, by whom
he was fined, the fine and costs amount
ing to $76. 46. Stilphen paid the fine and
then went to law on his own account He
consulted Hon. A. M. Spear of Gardiner.
and brought suit against the justice and
warden to recover $500 damages for false
imprisonment against Ulmer q Thomp-
son. The case was heard at the
October term of the Supreme court for
Kennebec county and was then carried to
the Law court, where it has recently been
decided, the court declaring the arrest
illegal and awarding 500 damages.
The circumstances which led to the ar
arrest are thus described in the brief OF
the PLAINTIFFS counsel.
The case shows that the plaintiff lived
in the county of Kennebec, that the de-
fendant Thompson, fish warden and COM
plainant against the plaintiff lived in the
| town of Newcastle, county OF Lincoln.
and that the trial justice Ulmer, who
issued the warrant, lived in Rockland.
county of Knox, and issued his warrant
therefrom and made 1t returnable thereto; !;
! that the warden proceeded from New
castle to Rockland a distance of thirty or
| forty miles, directly away from his own
| home, and that of the plaintiff by the
| night train of June l, and stald over
night to swear out warrant against the
| plaintiff; that he then retraversed this
| distance through the county of Knox to
! Newcastle, took his team and travelled
some eighteen miles through the county
OF Lincoln to Pittston in the county of
| Kennebec to arrest the plaintiff, that
having arrested him he then proceeded to
pass out of the county of kennebec thence
| through Lincoln by team and railroad to
the borders of Knox, thence through
| Knox to Rockland on the sea; that at
Rockland the plaintiff was granted the
distinguished honor of being the star
actor in farce called q trial, the grand
| announcement of which cost him $40 46,
and was then accorded the freedom of a
strange city, fifty miles from home,
blessed with the benediction of his prose-
cutors and four cents in money with
which to obtain subsistence until he
could retraverse the distance over which
he had been dragged
| Mr.. Spear contended that the arrest and
| subsequent proceedings were illegal, first,
| because whatever might be the power
given by the law to the warden, it gave
| no right to the trial Justice to act in such
case. 1t was further maintained that
the words neighboring counties meant
contiguous counties, and that Kennebec
| and Knox are not neighboring counties
within the meaning Of the law. Then,
| Mr.. Spear argued that the law violated
section one of the 18th amendment to the
| Constitution of the United States, which
| declares that, mo state shall deprive any
person of life, liberty or property without
due process of law;' and that it also con-
! trayened article one, section six of the
state Constitution which says that no
person shall be deprived of life, liberty,
property or privilege but by a judgement
| of his peers or by the laws of the land :"
| Mr.. Spear argued that proceedings such
as the one in question violated these
provisions, guaranteeing speedy trial in
accordance with due process of law. True
P. Pierce, Esq, counsel for the re-
spondent argued that the provision was
put in the law to facilitate it's enforce
ment and was clearly constitutional He
maintained that the trial was regular in
form and impartial.
The rescript by Judge Haskell is as
| follows:
"Trespass for false arrest. Plaintiff
resided and was arrested in Kennebec
county upon warrant issued by trial
Justice in Knox county. for violating the
| fish and game laws in Lincoln county
He was taken through Lincoln county in.
to Knox county for trial before the
magistrate who issued the warrant and
was fined SIC 49, which was paid. His
arrest continued for the space of twelve
hours, but was without malice or evil in
tent. The court is of the opinion that the
proceeding was unauthorized and illegal,
| but that actual damages onlys.may be re.
! covered. Defendants defaulted for $780, ~
The case is one of great Importance as
affecting the enforcement of the fishery
laws.
GARDINER is HUSTLlNG.