Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-01-09
Editorial Comment
A Forgotten Law.

II u tleIHAl itSStJ
There is the law. and it must have
been overlooked by the Democratic
legislators last winter in their hunt
to find oft and destroy all measures
of the kind. This act was designed
to enable the chief executive to fulfill
his sworn duty to see that all the
laws of the State be faithfully exc
cuted. 1t has never been tested-in-
deed there was no need While the
State enforcement act was in exist
enee-but it does not follow that the
law would be ineffective. This is the
provision as found III chapter Al of
the public laws of 1903. the same be-
ing an amendment of section %,
chapter %, of the Revised Statutes:
Sec GO. sheriffs and their deputies and
county attorneys shall diligently and
faithfully inquire into all violations OF
law, within their respective counties, and
institute proceedings in case of violations
or supposed violations of law, and
particularly the law against illegal sale
of Intoxicating liquors. and the keeping
of drinking houses and tipping shops
and houses of i'll fame. either by prompt
ly entering q complaint before a magis-
trate and executing the warrants issued
thereon, or by furnishing the county at
torney promptly and without delay, with
the names of alleged offenders, and of
the witnesses. Any sheriff, deputy
sheriff, or county attorney, who shall
wilfully or eorruptly refuse or neglect to
perform any of the duties required by
this section, shall be punished by fine not
exceeding $1,000 or by Imprisonment not
, exceeding one year.
The clause. fixing the penalty of
fine or Imprisonment for malfeasance,
constitutes the "Oakes law" 1t
stands unrepealed. along With the en-
phatic injunction on county officials
that they shall be particularly dill
gent in enforcing the laws against
liquor selling and the social evil. And
by the way it is not without signi-
ficance that tipping shops and houses
of i'll fame are bracketted together
in the same category in the law. For
some reason the Democratic Legisla
ture failed to repeal this section when
it cut out everything else of a nature
to empower the Governor to enforce
the law. Perhaps they lacked the au-
dacity to go so far, At any rate, the
law stands, but it is today practically
dead letter. In this county. in
Androscoggin county, in Penobscot
county, and in others that might be
named, the officials snap their fingers
law be enforced? it may be asked
OF course multiplying sheriffs and pros
ecuting officers would not be likely to
proceed against themselves. The
prosecution would have to come from
higher up. What. asks the journal,
sis to prevent the Governor directing
the attorney general to proceed
against sheriffs suspected of nullitica-
ton and non-feasance of duty in re-
gard to the liquor laws?' Ask a
harder one. 1t is very plain what is
| to prevent them. 1t is want of in
clination. Imagine Plaisted setting on
Patt to prosecute Moulton of Cum-
berland or Whatshisname of andre
scoggin or Kennebec or Penobscot for
neglect of duty. 1t is unthinkable.
| 1t would be high treason against the
sacred principles of local self-gov-
eminent and mo sumptuary laws. :"
| These principles are the higher law.
They are the Democratic constitution,
| Sc to speak. aDC any mere legislative
enactment, like section 90 for in
stance, which conflicts with this high
er law, becomes by the fact itself null
and void.