Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-03-02
or THE report Of the committee. that

/
Is inexpediemt to proceed further, the
same was adopted.
| On motion by Mr. Clark OF Hancock.
Senate document No. 80. IAN Act to
amend Sections 100 and To- of Cnap,cr y,
OF the Revised Statutes, relating to State
loads was taken from The table.
| on further motion by the same senator
the Senate complied with the request of
uhe House, and returned the bill to that
| body.
The PRESIDENT: There was assigned
Ior consideration, to-day, majority report
ought to pass" and minority report
| ought not to pass" on bill providing
| penalties for nonfeasance of duty by
| sherHs and county attorneys. the same
| being House document No. 151 tabled Feb.
Il by the senator from Knox, Mr.. Sta
pies.
On motion by Mr.. Staples OF Knox, the
| foregoing were taken from the table.
The PRESIDENT: What motion does
the senator from Knox make?
MI. STAPLES of Knox: Mr. President.
l do not know. after this vote by the
| Senate a few moments ago. whether |
am IN order at amy time to address this
senate upon any question
| Inc PRESIDENT: The senator is not
III order. unless upon a pending notion
| MI STAPLES: l am going to move,
MI. President nhat the minority report
that is filed be substituted for the ma jor-
ity report.
The PRESIDENTS: Then YOU should
make motion to that effect
| MI STAPLES: ] will 90 so now.
The motion was thercupon put
| MI STABLES Of Knox: Mr.. President
we nave heard a good deal about 'fren-
Zled flnance' within the last few months.
but it don't begin with wha. we are hear
ing today about frenzicd prohibition. In
all my experience. covering a number of
years, it seems to me that everybody who
mas any political aspirations in the State
of Maine is trying to Guido others to sec
how strong and how strenuous he can
| originate measures for the enforccmcnt
| of the brohibtory liquor law
| l speak upon this matter, Mr.. Presi-
dent as !, temperance. man. l speak up-
III ii in the interests of temperance.
| and in order that the bill may be
strictly understood l desire to read
from it. ANY sheriff. deputy sheriff or
county attorney, who shall wilfully or
any of the duties required by this sec
ton shall be punished by fine not ex i.
teeding $1,000 or by imprisonment not
exceeding one year. That is a pretty
strenuous section-tO imprson a sher-
| III or county attorney for non-en-
tOrcement. or for the wiltul and COR
| rupt derelectiOn Of duty in regard to
the enforcement of that law. l believe
| that every sheriff III ;ba whole State IS
| will to do his duty. I believe it is an in
suit to every county attorney and to
every sheriff 10 place them at the mer-
cy of some temperance crank, or soma
political enemy--because, it can be
done in this way
Take SagadahOc county: somebody
down there may believe that that
grand old man who has been sheriff of
| Sagadahoc for q years. is not doing his
duty; has not found some place upon
some street where thev are selling
| liquor. Some LIT, sponsiblc person. who
does not. perhaps. pay more than a
| roll-t9x. may go bebore municipal
Judge or trial justice and take out a
warrant. He will be bound to if they
find probable cause that he has not
COllc his uuty.
Do you suppose. if you pass this bill.
that you can get any respectable man
! to take the office of sheriff in the state
of Maine. l do NOT believe it: because
you will find that there is no sheriff or
county attorney-thera never was and
never will be--who car suppress the
liquor traffic in the state of Maine.
Take Kenncbec county: l heard
man upon thu floor Of this Senate
complain that there was a place in
Hallowell where liquor was sold. and
that the officers did not do their duty:
when. at the same time. they knew
that the sheriff and county attorney
of Kcnnebec county had enforced the
laws as we'll as they could be enforced.
and that no respectable person would
find fault with him: YET that county
attorney might be subject to a fine OF
a $1,000 or for inprison nent for not less
than one year if he had not seen fit to
find out that that man down there
might be selling liquor
All law is Inherent in the people. #
Cumberland courty-and | understand
thst this bill is framed for the purpose
of striking at that accomplished sher-
1
ty. and for no other MANTLE judges of
the municipal COlrts Of your various
cities, the city marsIals, the deputy
rarshals. the policemen. should have
ucen included i'm this bill as much as
the sheriffs. the deputy sheriffs. and
the county attorneys. who are you go
ing to find to enforce this bill? Suppos-,
ing. down in my county somebody
complains that the county attorney has
not done his duty. and who. if this bill
passes. will be indicted by the grand
jury CT Knox county-the bill would
be imperative. because there is no pro-
vision in that bill as 20 who could pro-
teed before Il grand jury to indct a
county attorney. Too much law is As
had as too little law. You have got the
Jaw upon your statute books today in
regard to this matter. and I have no
ticed that wh"l these men came be-
fore the commit. ecs. ana undertook 10
pat in these laws, tina, not one of these
men ever made complaint in regard
to the statutes we have row against