Daily Kennebec journal., 1905-08-10
Actions in Equity Against
Judge Chapman, Bangu,
To Settle Whether Fines Alone
Go IN Liquor Cases.
Test Of Legality Of Renting Jail s.uk,s
After Fine Is Paid.

An unusual procedure In the co,.,
and one which will undoubtedly a,,-.s'
widespread attention to the case 60 ~
filing of II petitions i'm mandanus ~
ceedings in equity against judge H..
j. Chapman of the Bangor munic;rs,
court, Frank X. Adams, clerk NJ tha.
court. and respondents in that nunh.-
of liquor cases. The petition. dirac,a,
TO Justice Albert r. Savage. asks ~.
the parties named In the petition mar
return of the appeal papers in the cases
specified and to abide by the order a,
the court as it may decide at hea,
ing to be held, next Tuesday afternoop
1t appears. according to the petitions
that the respon 1ents. in the cases tax.
en- up. were before Judge Chapman IN
the Bangor municipal court on com.
plants for search and seizure Of intor.
ica ting liquors. adjudged guilty ana
sentenced to pay a fine of SlG0 ana
costs and to serve so days in the conn
ty Jail with so days additional in de-
fault of payment Of fine and costs
From this sentence in each case. they
appealed, giving bonds for their an
pearance at the August term OF the
supreme court to prosecute their ap-
peals before that court.
All appeal papers from the lower
court are due to be filed with the clerk
Of the upper court on the first day Of
the term and in these cases, so the De.
tition recites, the appeal papers have
not been so returned.
On Tuesday afternoon. County Attor.
ney Patten filed the petitions with the
clerk of courts and a hearing was Or
dere1 for Tuesday afternoon of next
week. 1t now appears that while the
appeals have never been withdrawn in
the cases mentioned. an additional en-
try has been made in each case Of jail
sentence remitted, fine and costs paid
and the case brought to a close.
The question raised is one of the most
important brought up in connection
with enforcement proceedings for a
long time. The question of the right Of
the judge to remit the Jail imprison-
ment after an appeal has been fled
from a sentence of fine and imprison-
ment is involved. If the position takei
by Judge Chapman is sustained by the
court it opens up loophole in the pro-
hibitory law which has not been before
Brought to view.
1t is the position of the petitioner
that after sentence had been originally
passed ana an appeal taken by the re
spondent there were but two things he
could do. First. he might have with
drawn his appeal and abided by the
sentence of the court, which was fine
and Imprisonment, or he might have
prosecuted his appeal at this term d
court.
1t is further maintained that as the
appeals have never been withdrawn in
the cases they are still in force and
that subsequent action of the court in
accepting the fine and costs and remit.
ting the Jail imprisonment part Of the,
sentence was illegal and not in fores
and that the respondents are still LA
bic to the Jail Imprisonment.
The statute in regard to the sentencs
imposed for search and seizure case
leaves it discretionary with the court
to impose a fine and Imprisonment or
just fine when sentencing a respond
ent, and had Judge Chapman done this
when the respondents were arraigned
and adjudged guilty there would have
been no question as to his acting with
in his rights and discretionary powers.
But after passing sentence of fine and
Imprisonment and the filing of the ap-
peal papers it is claimed that his action
i'll accepting the fine alone was with
out his province in the settlement Of
the cases.
The cases will doubtless be followed
with a great deal of interest not only
in Bangor. but all over the State as 1t
Is probably the first time the matter
has ever been brought to the attention
ot the supreme court. 1t may probably
lie taken to the law court for ruling
on the points of law involved. but
County Attorney Patten said. Wednes-
day he should endeavor to get ruling
on the matter from Judge Savage at
the hearing Of Tuesday.
TIE petitions were signed by
County Attorney Patten. acknowledges
before Joseph F.. Friend as justice Of
the peace and filed with Clerk Sweet,
Tuesday afternoon. Each case had to
be made out in triplicate and copy
served on Judge Chapman, Clerk Az
ans and the respondent in each case
In case the prayer of the petitioner
is granted the appeal papers will have
to be returned from the lower court
the appeal prosecuted or allowed to go
by default, in which case the usual
procedure is the affirmation of the seT-
tence Of the lower court which would
be in effect "A warrant to commit the
respondents to serve go days Jail sen
tence originally imposed-Bangor Com
merciai.