Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-18
Portland Agency Case Up
for Discussion.
Agreements by Counsel in Big
Personal Damage Action.
Now Probable That Term Will Not Adjourn
Until After Christmas,

In the law court, Saturday. al gu
ments We're made by counsel in the
case of Pennell, libeilant, versus intoE-
lcating Liquors, and the City OF Port
land, appellant and claimant. 1t will
be remembered that on the ninth day
of last August Sheriff Pencil of Cum
berland county and his deputies raided
the liquor agency of Portland and SeiZ-
ed goods valued at several thousands
of dollars. The agent, Charles c. Doug
lass, was held for the grand jury on Il
search and seizure process and he died
a short time ago.
Hon. Scott Wilson, formerly city so
licitor of Portland, argued the case for
the hbeliant and claimant the City of
Portland speaking in part as follows:
IN the first place, we think it should
not be lost sight of that Intoxicating
liquors thus purchased are the property
of the city of town, and which it has
Il recognized right 10 hold and sell for
certain purposes, and there is Eot the
same reason why the corporate proper
ty Of the inhabitants Of a city or town
should be forfeited because Of the Gere-
LECTION of some Of its agents, that there
is where the owner is an Individual and
has the Immediate and direct control of
it ana has no authority to sell it for
any purpose.
we might naturally expect to find
that the Legislature had recognized
this distinction in IT'S legislation GO.
erning this subject and Wc sabH.it iii..,
the history Of Legislation on this N,!i.-
ject shows that the LcgiSla ture of this
State never intended to subject liquors
owned by cite or towns for sale
through their agent to seizure and for
feiture except in certain specific cases
which it provided for. but very proper
ly have provided for the punishment of
the agent whenever he violates the law.
IF the language OF an early act in
any way indicates the intent of the
Legislature as to whether the search
and seizure process and libel therein
We're authorized and intended to be
used against liquors owned by city
or town for sale through its agent, then
VIC submit that unless there has been
something in the later amendments
which indicates Il contrary intent we
may fairly infer that there has been no
change in the intent of the Legisla-
ture as to the scope Of these processes"
Col. William G. Eaton of Portland
county attorney of Cumberland county,
argued III behalf of the libellant. con-
tending that Section 81 of Chapter %
of the Revised Statutes shows conclu-
Sively that Intoxicating liquors belong
ing to Il town agency and in the pos
session of the town agent are, under
certain conditions, liable to seizure and
forfeiture under some process This
section has been in force since 1853,
having originally been enacted at the
same time that the original search and
seizure statute was enacted.
Sc elton % of Chapter 20 authOriZ-
ing" said Col. Eaton, forfeiture of Ii
puOrs on petition to the supreme judi
Cial court, WAS originally enacted by
SEC ton 10 of Chapter 100 of the Laws
of 1895. From 1858 to 1895, at any rate.
town agency liquors must have been
liable to seizure and forfeiture under
the ordinary search and seizure pro-
cess. Said Chapter $50 of the Laws of
1898 does not expressly repeal to any
extent the statutes authorizing the or
binary search and seizure process and
cannot be held to repeal said statutes
to any extent by implication either on
inc ground vi Tti)uDlilIlcS OF as leElS-
ing the whole subject and thus being
intended by the Legislature as Il sub
stitute. IT follows that town agency
liquor having been liable to seizure and
forfeiture under the ordinary search
and seizure process from 1858 to 1898,
and the act of 1895 not repeating to any
extent the former statutes town agen-
cy liquors must still be liable to seiZ-
ure and forfeiture under that process"
1t was announced in this case that
an agreed statement would be present
ed by counsel later in the term when
arguments will be submitted in writ
int.