The Republican journal. [volume] (Belfast, Me.) 1829-current, 1912-01-18
A FORGOTTEN LAW.

Touching the Biddeford Records as
sertion that the Governor ''has nothing
to do with sheriffs enforcing the laws, "
the Lewiston journal calls to mind the
we'll nigh forgotten Cakes law Of 1908
and asks whether this would not give
the Governor some power over the sher-
ifs and whether it would not be we'll to
try it and see. To be sure. There is
the law, and it must have been over
looked by the Democratic legislators last
winter in their hunt to find out and de-
stroy all measures of the kind. This act
was designed to enable the chief execu-
tive to fulfil his sworn duty to see that
all the laws OF the State be faithfully
executed. 1t has never been tested-in-
deed, there was no need while the State
enforcement act was in existence-but it
does not follow that the law would be in
effective. This is the provision as found
in chapter Al of the public laws of 1903,
the same being an amendment of section
So, chapter 20, of the Revised Statutes.
Sec. SO. 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 vio-
lations or supposed violations of law, and
particularly the law against illegal sale
of Intoxicating liquors, and the keeping
of drinking houses and tippling shops,
and houses of i'll fame, either by prompt
ly entering 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 sher-
if, or county attorney, who shall wilful-
ly or corruptly refuse or neglect to per-
form any Of the duties required BY this
section, shall be punished by fine not ex-
ceeding $1,000 or by Imprisonment not eN-
ceeding one year.
The clause, fixing the penalty of fine
or Imprisonment for malfeasance, con-
stitutes the "Oakes law" 1t stands
unrepealed, along with the emphatic in
junction on county officials that they
shall be particularly" diligent in en-
forcing the laws against liquor selling
and the social evil. And, by the way, it
is not without significance that tipping
shops and houses of i'll fan are bracket.
ted together in the same category in the
law. For some reason the Democratic
Legislature failed to repeal this section
when it cut out everything else of
nature to empower the Governor to en-
force the law. Perhaps they lacked the
audacjty to go so far. At any rate, the
law stands, but it is today practically
dead letter. II this county, in Andro-
scoggin county, in Penobscot county,
and in others that might be named, the
officials snap their fingers at the law,
But how could the Cakes law be en-
forced? it may be asked. Of course
sheriffs and prosecuting offic-
ers would not be likely toproceed against
themselves. The prosecution would
have to come from higher up. "What,"
asks the Journal, sis to prevent the Gov
ernor directing the attorney general to
proceed against sheriffs suspected of
notification and not feasance of duty in
regard to the liquor laws?" Ask
harder one. 1t is very plain what is to
prevent them. 1t is want of inclination.
Imagine Plaisted setting on Patti to
prosecute Moulton of Cumberland or
Whatshisname of Androscoggin or Ken
nebec or Penobscot for neglect of duty!
1t is unthinkable. 1t would be high
treason against the sacred principles of
"local self-government" and "no sump-
tuary laws These principles are the
higher law. They are the Democratic
constitution, so to speak, and any mere
legislative enactment, like section 50. for
instance, which conflicts with this higher
law, becomes by the fact itself null and
void. Portland Press.