Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-02-20

The hearing before the temperance
| committee upon the Hastings amend
ment, relating to mandatory Jail sen
| fences for liquor sellers. which wa:
| held in the Hall of the House OF Rep
| resentatiyeS Immediately following th'
| hearing upon reSubmiSsion develops,
| into Il lively fire of questions and eros.
| questions between Senator Hastings
| the author of the measure, and County
| Attorney William G. Eaton Of Cumber-
| land county, with little coaching
from the side lines near the end o
the discussion by John w. Emery %
| BridgtGn, former deputy sheriff uld"l
| Sheriff Pencil Of Cumberland county
| and former tackle on the Brown Uni
versity football team. SO lively wa,
| this last hearing that it completely
| oVerShadoWcd what was expected t.
| be the more important one, that %
reslibmissiun, and most Of the people
who left the hall at the close of tho
| reshDmission hearing came back Whei
the word was passed along the CORR
doris that the second hearing was de-
veloping into a decidedly interesting
argument.
Ilt ItdllIlSs tilC IIuHtiiioH '''liNi NV
ment started off at q very moderat
pace Senator Hastings explained The
amendment to the committee. stating
that ii was drawn to amend Section
one Of Chapter 1876 Of III" Revised
Statutes by cutting ont the sentence:
when it is provided that nc small %
punished by imprisonment and fine o.
bv nrlisOnment or fine or by I'm"
in addition thereto imprisonment he
may 10 sentenced to nnth. and Salo
that mis- provision WAS made in ordrI
t. :"t around the stringent laws OF
l&92 which provides for fine and i'm
pris,, o,nent Tor liquor selling.
"Lrts be honest" said Senator
Hastings IF we find mandatory i'm
prisonment makes the law TOO sever,
We can change it two years from nov
Here we have a law that says the -
ouor seller shall be fined 500 aho
costs and in addition thereto 90 day.
in Jail If we remove this little Joker
in Chapter 1876 it is argued that u
makes the Law too severe and the Jun
les will not convict. Let US find out
If it is 50. Give it two years trial
Perhaps if we are hard on the frs,
offenders we won't have any first Of
tenders"
Senator staples asked if the courts
did not at the present time frequently
give Jail sentence in addition to fine
Senator HastngS-T don't care II II
time half the supreme court judge
and some of the lower court and MUM
cipal judges impose jail sentences
The objection is that where ii is con-
ditional upon the judges one imposes
one kind OF sentence and another, an
other We have been chasing around
the rum sellers instead of SeltinS
straight at them.
Senator Staples-You have been do
ing that for the past so years. Don't
YOU think the court ought to nave
some discretion?
Senator Hastings-I.et him suSpen|
the sentence in some cases and later
if it is found that the punishment i
too severe We can change the penalty
Senator StapleS-Your amendment
will tend to bring the prohibitory law
into more disrepute with the people
Senator Hastings-I don't care If u
does. The judges on the bench do 2"'
| particularly like to sit as license com
| miSsioners.
Enforcement Commissioner Henry
w. Oakc$, of Auburn and Mrs. l.. NJ. y
| Stevens. National president Of th'
Woman's Christian Temperance I'M
| on. smoke in favor of the Hastings
amendment and c. f. Dunn of Houl-
| ton. county commissioner OF ARGOS
| took county, said that since Jail sen
| fences had been administered in his
| county there were II more in jail 10!
| selling LIQUOR than for drinking IT.
! County Attorney VIM. c. Eaton sale
! that he had come here to listen TO ar
I guments pro and con on the Hastings
! amendment and he must be reckonet
among the Cons" He was opposed t.
the bill because it questions the Judg
ment of the judiciary. He did moi
think the Legislature should say to th'
Z judiciary: 1--WE do not trust you,
when it comes to imposing penalties
| Then turning to Senator Hastings, ne
| said:
would YOU impose the same penalty
upon the little girl of II and the tot
| tering old woman Of Is who cannot
sneak English as the old offender II
| a licuor case" That's no dream. fol
I've had all these cases. 1 tell you II
you take the discretionary power from
| the Judge you will give it to the l.
| mon on the panel and it will be i'm
possible to convict in liquor cases
Such an amendment is disgusting t.
a county attorney and an insinuateC
insult to the judge presiding"
| County Attorney Eaton spoke of z
term of court in Cumberland county
where the judge fined the first mar
who came up for liquor selling 81,
months in Jail, and it was impossible
even where the cases We're very strong
to secure a conviction in any othe,
| term of court.
! Senator Hastings asked if this was