The Republican journal., 1905-06-08
MUST IMPOSE SENTENCES.
A Law That the Supreme Court Has Evil
IDENTIFY Overlooked.

ucuUly OSCIAOOhCNs
Snugly tucked away in one OF the Acts of
the last legislature OF the State of Maine is
a novel feature of the Maine laws which is
Of peculiar interest, especially to liquor
sellers, and which is probably not generally
known.
This law, in brief, provides that Judge
trying case (Which is not punishable by
Imprisonment for life) shall impose SEN
tence in that case, whether exceptions are
filed or not.
The exact verbiage Of this new provision
of Maine statutory law touching sentences
will be found in chapter 1O6 of the public
laws of 1905, entitled "An act to amend
section 26 of chapter 1876 of the revised
statutes relating to sentences"
The section Of this chapter which pro-
! vides for this change in the duties of
the bench is as follows, the first para
graph reads: "Section 26 of chapter 1876
of the revised statutes is hereby amended
by inserting in said section before the word
Questions in the first line thereof the
! words sentence shall be imposed upon con-
dition, either by verdict or upon demurrer,
of crime which is not punishable by i'm
prisonment for life, although exceptions
are allowed
follows: "Sentence shall be imposed upon
conviction either by verdict or upon demur-
rer of a crime which is not punishable by
Imprisonment for life although exceptions
are allowed. Questions of law may be re-
served on report signed by the presiding
tons are allowed the defendant may when
the offense charged is baiable recognize
with suretieS in such sum as the court
orders with conditions substantially as fol-
lows: 1.-THE condition of this recognizance
is such that whereas there is now pending
in the -- court within and for the coun-
ty of -- an Indictment against the said
- for an otfense of - in the course
of the proceedings upon which the questions
of law requiring the decision of the justices
of the supreme judicial court have arisen
now if said--Shall personally appear before
said -c court to be held in and for said
county from term to term until and includ-
ing the term Of said court next after the
certificate of decision shall be received
from said justices and shall abide the
decision and order of said court and not
depart without license then this recog-
nizance shall be void If he does not so
recognize the court on request of the de-
PENDANT upon whom sentence is imposed
may allow stay OF execution OF sentence in
which case commitment Shall be to await
final decision; otherwise such commitment
shall be in execution of sentence. When d
verdict of guilty is rendered against any
person for an otfense punishable by i'm
prSOnment in states prison, or any person
is committed pending decision, on report OF
exception as herein provided and remain
in prison after the adjournment of court he
shall be admitted to bail only by the Justice
trying him, by some person by him appoint
ed therefore, or by some justice of the Su-
preme judicial court. If IA person shall be
so admitted to bail after commitment in eX-
ecutIOn of sentence as above provided, such
admission to bail shall vacate the effect of
the original commitment and the full term
of Imprisonment shall commence from the
date of commitment after final decision.''
1t is said that this law is aimed at the
practice of taking exception in liquor cases
when the respondent may think that he
would prefer to be sentenced by another
Judge than the one presiding when his case
is tried.
Under this law the judge who hears the
evidence does the sentencing, but the re-
spondent then awaits the law courts de-
cisiOn before it is executed.
The law was enacted, it is said, because
of the claim set forth that some of the judges
are more lenient than the others toward the
m-Selers.-Portland Press.