Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-12-12
Report Of the Commission
For Year 1907
Showing Work Done In -Four
Counties Of The State.
voluminous Statement Submitted
to Governor Wednesday.

Following is the annual report Of the
enforcement Commission Tor tie year
1897, as submitted to Governor cobb:
To His Excellency the Governor:
The Enforcement Commission here
with submits fluctuations of the various
cases originated by our deputies in the
counties of Somerset, Androscoggin.
Sagadahoc and Knox, giving the name
of the party, the nature of the case,
the origin and date of commencement.
the disposition in the lower court, the
GATE oil entry III the supreme court,
adding Il memorandum as to the pre-
ViouS record of the offenders For
Pcnobscot county we give similar
tabulation, but owing to the fact that
no term of court has been commenced
in that county since our work began
there, the tabulation for Penobscot is
largely the showing of the results in
the municipal courts.
Before speaking in detail of the va
ri"us counties. in view of what the
tabulations will show, we think it
proper to make some general Observa-
lions as to prosecutions under the pro-
hibitory law, which will apply to all
the counties and to the work generally.
Under the provisions of the law, in
| nearly every case where a conviction is
| justified on a search or seizure or
seizure process, the evidence will also
| Justify a conviction as common seller
or for maintaining 2 nuisance, and our
deputies have been instructed III proper
| cases to make concurrent complaints
1
court has recognized and declared
them to be distinct, and to subject the
party to the penalties upon each cen
curI entiy. An analysis of the cases
will show beyond question that in
many instances indictments have not
been secured upon the bound-over null
sanre and common seller complaints.
and it is also apparent from the record
that on" penalty only has been imposed
upon the TWO or three cases coming
before the court. against the same Of
ferdnr. II is also apparent that there
has been little or no distinction made
between new and old offenders. 1t Will
b. observed that many cases have
beer placed upon the special docket.
which means that being convicted, gen.
orally upon plea of guilty. they
stanu continued ready for sentence
when the county attorney may see fit
to call them to the attention of the
court. Theoretically these cases are
supposed to be on probation. with the
understanding that the offenders shall
not he punished unless they shall be
guilty of subsequent violations of the
law. bur that if they are guilty of
such violations they shall be subject
to sentence on such old cases. Proper
~ used. this may constitute a most
efficient instrument in the hands of the
county attorney to enforce the law
since the old offender is not entitled to
trial on any SUCH case. but WuSt sim
ply take his sentence. If used by the
county attorney for this purpose. the
man with cases on the special docket
would practically be barred from en-
gaging in business, since he would not
only be sentenced. but his sentence
would properly be a severe one. If
such use of the special docket is not
made, the system is a pernicious ono
and such disposition of the cases
should not be made
Under our practice, in lrl'"r eases a:
in other cases. the criminal docket i
very largely handled by ia" county at
tnrn"y in accordance with his dIscrC
tiGn. and while decision as to Il sentence
is ultimately an act of the judge he is
dependent for his knowledge as to tn
record of the offender upon the infor
nation placed before him by the county
attorney. and it is even proper to Sa"
that in the sentence Of particular Of
fcndcrS he must depend largely upon
tho advice of the county attorney. This
Is true also to u great extent with re
gard to the entry of mol DrOsor con
tinuance in the various cases. 1t is
a fact also that the county attorney.
being the especial private adviser and
assistant of the grand jury. exercises
great Influence in determining whether
indictments shall be returned. We
speak of these matters generally. since
we believe that they must necessarily
be considered in order to obtain prop
er understanding of the tabulationS
which we submit Present conditions
arc largely the result of customs which
have been gradually adopted during ?
period covering many Years. They ar'
not new or unusual. but in view of tbs
duties devolving upon the enforcement;
Commission and upOn the "o;nty Of
ficerS, we deem 1t orr duty 10 eau YOU
attention to such conditions. with the
suggestion that the work Of our depu-
ties in presenting eases t" tie court is
but a part. and perhaps not tire mos
important part. of the work to be dolif
in bringing about an efficient enforce
nent of the law.
Section of the law creating this cola
mission provides for the appointment
by the Governor. after notice and near
ing OF a special attorney for the prose
Cutjon of liouor cases in any county.
Under tie statute. chapter %. Sector
60. il is made the duty of county at
torneys to diligently and faithfully IN
quire into all violations OF law within
their respective counties. and institute
proceedings in case of violation or sup
posed violations of law and particular
" the law against the illegal sale OF
intoxicating liquors. We assume this
to mean that they. as we'll as the Shef-
ifs. are bound to use the provisions OF
tho statute to their full extent to pro- |
b;b;t tho manufacture and sale OF IN |