Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-10-13

fine and in addition thereto imprison-
| ment," that led to the enactment OF
Chapter 24S of the Public Laws of 1873,
when the "and" and or sentence was
amended to its present form, so as to
read:
"When it is provided that he shall
be punished by Imprisonment and fine,
or by imprisonment or fine, or by fine
and in addition thereto imprisonment,
he may be sentenced to either or
both"
Sixteen years of administration of
the law under that statute elapsed
before another attack was made up
on the principle of judicial discretion.
This was the Hastings bill, so-ean-
ed, which. in 1909, sought to take liquor
cases out of the operation of the gen-
eral statute. 1t left no discretion in the
Judge. Whenever the statute read
fine and Imprisonment" or fine ana
in addition thereto imprisonment" he
must either impose both penalties, or
else put the prisoner upon probation
or place the indictment on file, there
by. in some cases, wronging the
prisoner upon the one hand. or society
on the other.
The principle of judicial discretion
was at stake, and the writer. while re-
specting the opinions of those who
differed with him, voted in favor OF
the continuance of that discretion, and
against the Hastings bill. The legis-
lators did not divide solely upon par
ty lines. Prominent Democrats voted
with the writer, and prominent Re-
publicans voted against him. He has
never changed the views he then en-
tertained. As member of the legal
profession, his observation of the ad-
ministration of criminal law has con-
stantly strengthened his belief in the
principle of judicial discretion.
included, where a Jail sentence, with
it's ignominious associations, would
blight and ruin an otherwise promis-
ing career. Youth, sex. previous In
noeence, dependent families and the
like. with their thousand and one at
tendant circumstances, are all con-
sidered and weighed by the judge.
The average rum seller deserves, and
should receive. Jail sentence. But
there are occasional exceptions where
in some punishment other than i'm
prisonment is both humane and ex-
pedient. 1t is to this class OF cases
that we referred in the following eX-
tracts from our editorial of Oct. 6, on
Jail Sentences and Public Opinion :;
"There may be Individual instances
Of violation Of the liquor laws in which
the ends Of justice would be best sub
served by the imposition Of fine, or
by placing the offender on probation
or the like,
But II the facts are correctly report
ed. Justice Haley imposed fines in
stead of Jail sentences in every one
of the large number of liquor cases
before him. This may be taken to IN
dictate a general policy on his part In
such cases.
Other judges, for instance, Judge
Beane of our Kennebec superior court,
have taken different view OF their
duty from that apparently entertained
by Justice Haley, ana have made jail
sentences the rule, and fines the ex-
ception, in liquor cases. We believe
these judges are right. The system
Of filming rum sellers as a general poll
icy has been tried, and niserably
failed. The only effective punishment,
and the only means of unfolding the
hands of those sheriffs who are now
giving us splendid enforcement, is
the imposition of Jail sentences"
The WatervilIe Sentinel failed to
quote or in any way to refer to these
extracts. Our position is plain to fair
minded and even to unfair minded
T6dueTS, WHeH WHAT VIC nave oAiN -
stated, not suppressed. We do not be-
lieve in divesting judges Of discretion
in the imposition Of sentences in Grim
inal cases, but we do believe that in
liquor cases our judges should make
Jail sentences the rule, and fines the
cautiously considered exception. We
hold with Governor F'ernald, in his
veto of the Hastings bill that
This bill seeks to deprive our
courts of a certain discretionary pow
err in imposing sentence in criminal
cases which has existed in principle
since the early history of jurispru-
dence in this State Judicial dis
erection, within certain limits, is one
of the foundatio stones of the Tenn
pie of Justice. To remove discretion
ary power from the judiciary in many
cases might work hardship or even
cruelty. The wise, upright judge has
before him all the facts and circum-
stances in each case: and he should, in
my opinion, be allowed certain range
Of discretion in forming his Judgments,
,,,lav, aayrapf abnxpS of that mower