Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-22
acaunht With the Goods. y


It is not an infrequent occurrence
IN these days of hurried and too OTTER
ill-consideced legislation. to discover
after the adjournment of Legisla-
tare, the existence of Joker" artful-
" concealed in some apparently inno-
cent section Of a statute. But to in
sert a Joker in the constitution. the
fundamental law of the State, is a
step in legislative jugglery beyond
anything hitherto attempted. We dc
not accuse the Democratic party, as
yet. Of consciously connecting the
Joker which. nevertheless, exists in
the constitutional amendment. relative
to the manufacture and sale of intoX-
icating liquors, which they propose To
submit to the people. And yet, if this
amendment 10 the constitution was
not prepared over night. it seems in
credible that its authors should have
been unconscious of the existence of
the ECKER" contained in the following
provision:
1.-THE 26th Amendment to the Constitu-
ton, adopted on the Sth day of Septem-
Der. A. -. 1884, relating to the manufac-
ture and sale of intoxicating liquors. Is
hereby amended by adding thereto the
following words:
This section shall not apply to cities.
in which the manufacture, sale, and
keeping for sale of Intoxicating liquors
may be permitted under such regulations
as the Legislature shall provide. and
whenever 81 per cent of the legal voters
in any town petition the Legislature to
grant TO said town the right herein
granted to cities, such right shall be
granted. But, in no case, shall the Leg
islature permit the manufacture, sale or
keeping for sale of intoxicating liquors
in any city or town, without making
such permission conditional upon its APP
pfoval By the voters of said city or
town
Let us suppose that under the fore
going provision 81 per cent. of the
voters of certain town should petit
ton the Legislature for the right to
manufacture. sell and keep for sale,
Intoxicating liquors, and that the Leg
islature should grant such right. I'm
der the resolution as presented the
manufacture and sale of liquors in
such town might, il is true, be regu-
lated by subsequent Legislatures. but
COULD NOT coNSTiTUTIoNALLY
BE PROHIBITED, in view of the pre-
ceding clause of the resolution which
states:
This section tmeaning our present
constitutional prohibitory provision)
shall not apply to cities in which the
manufacture, sale and keeping for sale
of intoxicating liquors may be per-
mitted under such regulations as the
Legislature shall provide"
In other words the brewer and the
rumseller would have a constitutional
right to ply their trade and could not
be deprived of that right by the ac-
ton of any subsequent Legislature.
Nothing but a change in the Constitu-
ton itself could make effective any
attempt to prohibit their business.
Getting down 10 brass tacks," this
Joker provides opportunity for the
liquor interests to use all the powers
at their command to convert town
TO the 81 per cent. stage, and ever af-
ter hol6 it as a stronghold for the dis
tiiier the brewer and the dealer in
intoxicants Then another town may
be assailed In the same manner, until
all shall have been placed under the
thumb of that mighty aggregation OF
crime makers
The amendment in any form is bad
enough, and was repudiated by the
people of this State, on Sept. II, last.
But, in the form in which it is pre-
scented, it is, whether designedly or
not, as msidious piece of legislation
as ever marred the statute books OF
the State of Maine.