Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-08
A Communication.

IL is S2Ie 10 assume tHit Ho tlCt pc
formed during the sessions of the attn
Legislature will bring to the vast major
ity of the temperance people of Maine
such bitter disappointment and deep
chaSrin as the act of Governor Ferpaid
in vetoing the Hastings bill. The aim OF
this law was to abolish the fining system
in the administration of the prohibitory
lava system which the people have
learned to regard as the backbone OF OIL
cial notification.
This bill originated in the Senate by the
hand of the Senator whose name 1t bears,
a true blue temperance man. 1t was re-
ported unanimously by the temperance
COMMITTEES, passed by strong maJoritles in
both branches, the Democrats of the
House standing for it with almost if not
entire unanimity. While it was known
that Governor F'ernald did not approve Of
the measure it was not generally believed
until the closing day of the session that
he would go so far as to record his dis
Governor Fernald vetoed this bill with
full knowledge of the fact that great
numbers Of his best friends and support
ers were to be disappointed. He knew
that his act would be heralded as sufii-
Gent evidence of the truth of the cam
paign charges that he had promised the
Penobscot County rum sellers immunity
the filming system. He knew, that some
would see in his act only another attempt
to hold the rum vote to his party.
The writer, urged his own conviction
serious mistake to cause reversal OF the
action of the Legislature upon this mat
ter, and a crushing disappointment to the
vast majority of his temperance support
ers He was warned that it would prob.
ably be a costly act from a political
standpoint. But nothing awaited. The
veto message came. The consequences,
the wisdom or unwisdom of it, time only
car determine. ...,
The people feel so keenly upon this sub
iect that intolerant and hasty Judgment
prohibition. who have been anxious to see
judicial notification rebuRed and the judi
cial discretion which made this nullifca-
cation possible removed. will doubtless he
cowardice and duplicity. This would be
wrong. No one will feel the disappoint-
ment more keenly than the writer of this
note, but somewhat intimate acqualnt-
ance with Governor Fernald leads him to
believe that he has acted in acceptance
with his honest judgment and with the
courage of his convictions. If he has
made d mistake. as we believe he has II
will reveal the truth.
Practically everybody believes that the
abuse of judicial discretion has been. at
the bottom of notification of the law
wherever it has existed in our cities and
counties. The law. which was intended to
be administered by the executive and
judicial department of our Government
with view to stopping the sale of LIQUOR,
has, in the not very remote past been
Systematically administered with a. view
to protecting the liquor seller in pursuit
ing revenue for court exnenses So far as
this was done by Comfy ATTORNEYS and
eberiffs If was a Naorant abuse Of eyccu-
i've Mowers. and state enforcement was
secured 10 DESTROY this local eyocutive
nullification So far ss done nv the court
was a flacrant abuse of judicial power
and the people. bv demanding the Hast
irrs law reb,,l,ed iudiciai nulIiftatjou
and emnhaticaIlv recorded their demand
nv the action If the Japislature that il
cease everywhere within the limits of the
# must he admitted that not all iudges.
municinaI or sunremn deserve this re-
hike II is tine mat arnat in,nrovhinent
in This matter has come in recent wears
hut tho eves Of The nnnnln arc onen n Tho
f,ct tbat tboro etiI1 l;nonrs tho 1;cnoeit;on
and s1nrame iudpns the evident ni1rnosc
to disnensa iustice acordinr 10 local SEN
tip,ent ayan thourh II violate tho shirt
and n1irnose Of Tho Constitmtion ami law
of the State. The people do not stand
fo;. this IF 1icensa wore tho nolicv IL tbis
would stand for local ontion that Is tho
,iaht 10 eliminate sa1onns If thev dcsirn
mi nrohihition is INA nolicv Or Maine
ana tho naonle dan,, the ,i~ht Of any citI-
Of town n introdnce saIonns into ~ cII,s
ter If nai~bhnrina towns whosa noIicl- If
IS 70 be clean. And t3av further denv the
RIGHT Of officials. executive or iudicial TO
50 administer the State law as in effect
~ i,trod,,oo n,.nmnta ord narnati,ota tbo
LIQUOR business as has 'i been done in the
popular demand for that exercise of mai
cial authority which is in harmony with
ne otate lolisiliulloIl ana the STATE law