The Republican journal. [volume] (Belfast, Me.) 1829-current, 1906-10-25
IT is THE LAW .


Winfield S. Edminster, who is serv-
ing a sentence of - months in waldo
county jail for liquor selling, applled
last week, through his counsel, Hon. w.
Fl. Mcclellan Of Belfast, for writ OF
habeas corpus on various grounds else-
where stated in news article. Inc
hearing was held in Augusta, Oct. 18th,
before Associate Justice Albert M.
Spear. Mr.. Mcclellan appearing for
the petitioner and Hon. Warren Z.
Philbrook of Waterville, assistant at
torney general, for the State. Judge
Spear denied the prayer, refused to re-
lease the prisoner and ordered that ne
be remanded to jail to serve the SEN
tence imposed upon him.
1t hardly need be said that this IS a
very important case, for had 1t been oe-
3ided in favor of the petitioner there
would have been an end to enforce
ment in this county and the laws would
have been brought into contempt. Inc
netitioner has been persistent oHehd-
er. He was tried by jury, convicted ana
sentenced. and appealed to the law
court which sustained the findings OF
She lower court. He failed to appear
in court for sentence and was arrested
when leaving the State. To the lay
mind it seems the merest Qulbble to
ask for his release on the ground that
he was arrested Oh a mittimus instead
of q capas. and the further contention
shat OIL one indictment he was SEN
Fenced to "to fine of 800 and costs
and 30 days in jail, whereas the SEN
tence prescribed by the statute was
fine of 5000 and costs and 60 days IN
5ai." does not seem good ground tor
asking that the lighter sentence should
not he enforced.
This latter contention should be
horne in mind when the comments OF
Maine daily are recalled 1t complain
ed of the severity of the sentence which
committed MI. Edminster to jail for
thirteen months. Let US see. There
we're sixteen cases pending against Ed
minister. Some of them were nuisance
cases in which fine of $1,000 and one
wear in Jail may be imposed. j, j. Mel
len, now in Jail under sentence OF
two months and 800 fine, says he is
unable to pay the fine and so will have
to serve two months more, or tour
months in all He is not an Old offend
ar and is said to have just started IN the
business when he was arrested, tried,
convicted and sentenced as above. Had
Fdminster received like sentences in
his sixteen cases, and not paid the lines,
he would have been liable to incarcera-
ton for five wears and four months. 1t
does not appear, therefore, that he has
been severely dealt with, but rather,
considering the number and nature OF
his offences. that he has little ground
for complaint
The Waterville Sentinel in comment
ing on this case said:
The law should be enforced. Jail
sentences will do more to enforce 1T
Jlan all the Sturgis commissions which
could De invented but if the court is to
retain that respect which should De its
due there must lie certain degree OF
uniformity in the sentences melted out
to men convicted OF liquor selling, in
the different parts of the State and be-
fore tie different Judges.
1t VIII not do to send one hotel keep
3r to jail, fine another, and let still an
other ~ free, when all are guilty OF the
same offence. The law should be en-
forced. but there should be no partial
ity shown in the enforcement. The
court cannot afford to play favorites.
Further than that we believe that
She laws should be uniformly enforced;
that there should not be jail sentences
in one county and fines or immunity
from all punishment in another county;
and that the Judges should get together
and decide upon a course of action that
will not lead to such criticism as above.