The Portland daily press., 1899-07-19
THE GUIDE LAW.
A Case Brought 20 Test Its constitu :
tionality.

In the law court yesterday afternoon
was argued the case Of State against Ei-
iner Snowman of Rangeley, which IL
brought to test the constitutionalirY OF
the Maine law which provides that sii
guides shall be licsnsed and make annu.
al returns TO the commissioners OF Dish
and game. klmer Snowman was one OF
the best known guides In the Rsngsiey
region In 1897 be took out q license rs
guide but In 1898 he failed to make re-
turns TO the state commissioners and In
that year took out but one party and that
was boy whom he went out fishing with
on South Bog and received In payment
for his services - ~ MIR. Snowman, I'M
der the provisions CT the act requiring
all guides TO take out license, was ar
rested for violation OF the law as he did
not have license In 1898 He was indiot-
ed In franklin county. tried before JUS
tics Strout and found guilty. His at
torney, Enooh w. Whitcomb, filed a mo-
tion in arrest Of Judgment. which was
oyerruled. He then tiled exceptions which
we're allowed thus taking the case to the
law court. The arrest OF Judgment was
asked for on the ground that the law un-
der which MIR. Snowman was. indicted Is
| unconstitutional and also that ths justice
In making his cherge TO the jury did not
leave 1t to the jury to decide question
OF faos. whether or not Snowman was
engaged In the business OF guide in
1895.
Mr.. Suowman was represented yester-
day afternoon by Judge Enoch Foster.
who in his argument b'.serly attacked
the law requiring guides TO take out IL
censes on the ground that 10 was brought
about by lots of reformers and Ia In
violation Of the SIC ID rights of labor }
IL seeks to prevent men from earning an
honest living. de argued at great length
that the law 10 Unconstitutional aud
asked that the law court rule upon thi ;
point. He further argued that new
trial OF this case shoald be granted on
the ground that the presiding justice in
Eis charge to the jury had taken from tie
jury a question of fact and instructed
them that Mr.. Snowman was engaged In
tn business Of a guide wnen as mat
tsr of fact Mr.. Snowman had acted as O
guide for but one party ami the question
of whether he made guiding his business
or not should have been left for the jury
to decide. Judge Foster In his Argument
exhibited considerable feeling as he scored
the law which he claims to be unconsti.
| tutional.
| Mi. Leroy I. Carleton one OF the fish
aud game commissioners OF this state, ap-
peared for the state. lie did not attempt
| to reply to the arguments Of Judge Fos-
| ter regarding the error of the presiding
Justice in charging the jury nor 10 the
attack made upon the oonsiitutionality
OF the law. He spoke OF the great advan-
tage CT the fish and game system to the
state and dweIt upon the fact that the
sportsmen who come here every year leave
| fully $1,000. 000. On account OF this Wis
itaticn OF sportsmen the state of Maine
| felt the hard times but little in compari-
| son with other states. The fish and game
| should be protected and so too should the
sportsmen who come to Maine In sea rob
of it. 1t Is justice TO them that the
guides should be licensed and IL also al
lows OF guides making much more money
than they could under the old system. He
brought about ty reformers, but said
1T was enacted by men who have the well
fare of the state at heart. Sportsmen all
over the country nre waiting the outcome
! of this case with interest for they believe
In the law which oonipais guides to.take
ont Ii.enses and thus insnres them, when
they plunge into the forest nf the staue
from running into danger from inexperi-
enced men. 1t Is also goo1 thing for
the lumber:nen as an inexperienced guide
is more apt to start big forest iirss than
| Is the experienced guide. Mr.. Carleton
spoke with much feeling and at great
length.
| Judge Foster said be was very anxious
that the court should decide upon the
constitutionality OF the law. He also
argued that the justice in his charge to
the jury had taken away from the jury a
question of fact that the single act of
| guiding does not constitute business
In support OF this argument he referred
the court to the case OF State against
O'Connor in which it was ruled that a
man must sell liquor mrre than tn rec
times before he may be said to be engaged
in the liquor business. The decision OF
| the court was reserved.