Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-09-22
JUDGE HALLS REPLY
To the Ladies of Names
W. C. T. U.
That Organization Wanted Jail Sen
fences in Liquor Cases.
Judge Hall Says Laws Must First Be
Changed.

Hon. Oliver G. Hall of this city, JUS
tice of the kennebec county superior
court, Friday, received the following
letter from L. NJ. n. Stevens, president,
Cornelia M. Dow, corresponding secre-
tary. and Clara M. Farwell, recording
secretary of the Maine Christian Tenn
perance Onion.
AT the State convention of the Maine
Christion Temperance Union assembled
in Waterville, September 16, II and is,
the following petition offered by Mrs.
Hannah J. Bailey of Winthrop, was
unanimously approved and ordered seat
to the judges of the superior courts of
Maine, and special mention was made
OF the court now in session at Augusta.
''The Maine Christion Temperance
Union. representing a membership of
1000 in the State, respectfully petition
vow to impose a Jail sentence instead of
fine upon those whom your cour;
finds guilty of transgressing the consti-
tutional law of the State prohibiting
the manufacture and sale of alcoholic
J liquors"
Judge Hall. Saturday night, sent the
following reply:
Augusta, Me-, Sept. co. 1902.
Mrs. L. NJ. n. Stevens, President Maine
Womans' Christian Temperance I'm
ion. Camden, Me-:
Cornelia NJ. Dow, Corresponding Secre-
tary:
Clara NJ. Farwell, Recording Secretary:
I have the honor to acknowledge the
receipt of your note of yesterday, in
| forming me of the request of the con-
vention of your union at Waterville.
that the judges of the superior courts
of Maine impose Jail sentences instead
of fines upon those whom your court
| finds guilty Of transgressing the con-
stitutional law of the State prohibiting
| the manufacture and sale of alcoholic
liquors." You inform me also that
special mention was made of 1.-The court
now in session at Augusta"
| 1 recognize the responsibility and
usefulness of your great organization
in the State and the act of the conven-
| ton. of which you inform me, demands
respectful attention. Why only two of
| the 10 judges of the higher courts of the
State which have jurisdiction in the
| enforcement of the law referred to are
requested to impose Jail sentences I do
not quite understand. The convention
could not have meant that they desired
Cumberland and Kennebec violators of
the law treated differently from those
of other counties in the State. But
that was an oversight of little import
ance.
I think you will expect some reply to
the well meant petition of your con-
vention composed of ladies earnestly
and devotedly doing what they can to
| oh nf Iinr1nr call
ing and drinking. 1 will only attempt
to reply for myself as judge of the su
perior court of Kennebee county, now
in session" l cannot comply with the
desire of your convention as expressed
in the petition for the following rea-
sons:
First. Because all 'transgressions'
of the law are not of equal enormity.
The respectable druggist who furnishes
his neighbor with little alcohol for a
medical or mechanical purpose, trans
crosses the law, but does not so well
deserve to be sent to Jail nor for SO
llong a time, as the incorrigible rum
lseller who shamelessly persists in sell
ing to all Corners, and who receive Jail
sentences when the evidence seems to
Justify it.
Second. The Legislature, recognizing
the injustice of uniform Jail sentences
lin all cases of the violation of the law
has given the judges discretion in the
imposing of sentences as to fine or i'm
prisonment. even though the law pro.
vides fine and in addition thereto i'm
lprisonment.
Third. The judges must be supposed
to know best how to exercise this dis
lcretion, and it is respectfully submitted
that they have as keen a desire to dc
absolute justice in the administration
lof the laws as any class of citizens
and their experience in the enforcement
Of the law and their intimate knowl.
edge of all it's provisions and it's work
ings ought to entitle their methods OF
punishment to the confidence of the
community when it is practically uni
form in all the courts of the State.
The Legislature expresses the will OF
the people. 1t mas determined by stat
ute that the courts shall have discre-
ton as to punishment in the cases as
in nearly all the offences punishable
including the crime of manslaughter
When the people see fit to take away
this discretion in liquor cases and make
it obligatory upon courts to impose jail
sentences in all cases of transgression
of the liquor laws, doubtless they will
make their will known through the
Legislature.
So long as this discretion is in ac-
lcordance with law l must continue t.
lexercise II in accordance with my sense
of justice influenced by the evidence
Ipro6uced in each case of violation.
must. therefore, respectfully decline to
comply with the request of your con-
lvention.
Very respectfully,
| nI.JNVp HAITI