Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-10-16
The Critic" Did Not Forget thu
Veto

In an editorial in the journal the
9TH it is intimated that | had for
gotten the Governors veto of April
I'd, 1909. l was aware that the
statute gives the court discretion in
the imposition of sentence in crmi-
nal cases, but l do not see why they
almost always exercise that discretion
in favor of the criminal. In the year
1908 the people were thoroughly dis
gusted with the apparent favorable
leaning which the courts almost in
variably had towards the criminal in
liquor cases. The legislature of 1909
did everything in its power TO remedy
the unsatisfactory state of affairs.
was at the State House all through
that session. and talked with men,
bers or both parties in both branches
of the legislature, and with prominent
members of both parties from all
parts of the State, who were in Au-
gusta that winter. and all admitted
that the law as administered by the
courts was of very little effect: and
that the sympathy of the courts seemed
TO be entirely with the criminal.
Sheriffs and county attorneys. and the
Sturgis commission declared that II
was of very little Use To bring liquor
cases before the courts. as they We're
let off with small fine. and could
easily make that up and good profit
besides before the next term. One
measure that the legislator of 1909
passed 10 remedy that disgraceful
state Of affairs, Was that which took
away the discretion of the courts III
cases where the law reads, fine and
nnprisonment,' etc. They would
have to give Jail sentences in every
ease Let us see how this would
have affected certain cases which ae-
tuany occurred. \ certain sheriff
knew that liquor was sold in n certain
house. but was always unable to find
Iany. There was an old lady nearly
ninety years old that he always found
in the kitchen. sitting in an old-fash-
Toned "splitbottom. chair. with 4
valance around the bottom reaching
to the floor. AS Stone expresses it;
Her old fringe chair valanced round
with party eolored worsted bobs.
Much against her will. the sheriff and
/ his deputy lifted the old lady out OF
| the chair and found the long sought
liquor under it Would YOU have had
1.-The court send the old Ia no, woman
| 10 jail? Take another case; Il man
who ran 4 kitchen bar. on leaving
home one morning told his f5-year-
| old daughter TO deliver certain bottles
Of liquor which he gave her. To Ger
| tain men who would call for them, and
to collect certain prices for them: she
was caught in the act. Now would
you have the little girl sent to jail for
30 days. The court would have to if
the act referred to above had become
a law, for the statute says the agent
in each ease is equally guilty with the,
principal G.har cases might be cited
| in which the law would work hard
| ship If the discretion of the court
| were taken away. 1t is in such cases
as these that the law was meant to
apply. and not in eases where erimi-
nally disposed men and women with
plenty of opportunities before them to
obtain an honest living, wilfully and
persistently engage in traffic which
/ is outlawed by God and man. / know
| from conversation with the Governor
| in his Office that he desired better
enforcement of the law. but he had
/ the courage to veto so drastic law
as that which took away the entire
discretion of the courts. notwithstand-
ling he acknowledged they were very
indiscreet in it's application in so
many cases.
| At about the same time that the
Legislature sent the law to Governor
Fernald which he vetoed. it also sent
other laws to him, one OF when
lamended Section of Chapter 22 OF
1.-THE Revised Statutes relating to liquor
lnuisanees. This law which Is chapter
231-laws of 1909 is as follows; Sec
ton . whoever keeps or maintains
lsueh nuisance, shall be fined not less
THAN $100 and not exceeding $1,000 ana
Imprisoned in Jail not less than ~
days and not more than one year, ana
lin default of such fine an additional
Imprisonment of 80 days in jail.
! The Legislature also sent to the
Governor another act which amended
Section Il Of Chapter % of the Revls-
ed Statutes which removes the wofd
''or" from that section and inserts the
word and" so the law now reads as
follows: Section Il. no person shall
deposit or have in his possession IN
ltoxicating liquors with intent to sell
1.-THE same in violation of law. or with
intent that the same shall be SO SOLD
by any person. or tn aid or assist any
lperson in such sale, Whoever violates
this section shall be fined 800 ana
costs and be imprisoned 90 days, ana
in default of payment, GO days add
tional The above is Chapter 233-
laws of 1909. These two laws Gov
!Fernald signed April >, 1909. the same
lday that he returned the act above
Preferred to. These two laws together
with others already on the statutes
make all the laws in relation to main
itaining a liquor nuisance, or the keep
ing for sale, or for others TO sell, or
Insisting in the sale of Intoxicating
lllouors. make all the laws now read:
fine and imprisonment Now the
trend of my former article was to
Ishow that in the face of public opinion.
land of the most emphatic laws that
1.-THE Legislature can put on the statute
hook, the courts had no right TO SHOW
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