Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-09

wherever the word and" appeared in
any law imposing u penalty, that the
word or" should be read in, so that
the court in imposing the sentence
could either fine and imprison or could
fine or imprsCn. Since that time one
Legislature voted 20 repeal that law
and Governor Fcrnald vetoed The
Hastings bill. which sought 10 take
away from the judgment of the court
the right of discretion in imposing
penalties for violation of the liquor
law. Since that veto and before every
legislature since, an attempf has
been made 80 remove that discretion.
and each Legislature has regularly re
fused To do SO, including this body,
showing that this body Itself has
| recognized that the enforcement of
he law-and gentlemen, you cannot
say that the penalty imposed for in
| fraction of the law is not Il part of
its cnforcemcnt-show that this
body has recognized III sheriifs, police
court Judges, and in judges and nj!
administrative officers from the sher-
III UP To the final court Of last resort.
| u discretion
Such we claim is the situation now.
ana mas been the practical situation
IN inns State of Maine ever since this
! law was enacted
| Is II only in respect To the rum law
that Ihe sheriff has ~ discretion?
we can see that lie has discretion as
lto the enforcement of the so-callcd
| piue laws, otherwise he would stop
every wheel and every park in the
State OF Maine on sunday; otherwise
Your trolley lines. your automobiles
Jana everything else would stop. OF
course We recognize Il distinction in
respect To the endorsements of some
laWs. but if our very earnest but
somewhat insincerc friends, who are
more interested in Appearances than
N actual conditions. would have their
way, there would be only one thing
Whlch the sheriff of the county or ANY
other officer had To perform and that
would be what Net to prevent the
safe OF liquor, because they all admit
mat that is impossible because they
'tH acmlt that it does not reduce in
toSieatlen; but that appearances should
be bettered.
NOW the sheriff Of this county in
taxing office was met with a practi-
le9 situation. He was Il practical
man. lie had to deal with conditions
as they existed. and not as he would
like to have them exist lie came to
n city Of $4,000 pcopie, with the most
cosmopolitan population of any city in
the State of Maine He came to a CITY
which in the summer time has a
travelling and transient population of
over 100000 people. made up of all
f1.,,,
ers of the world. Finding that condi-
tion he had to make up his mind as
TO what was q proper way to deal
with It. He knew tie history of the
Iattem pted enforcement by the Stur-
gts Deputies He recalled distinctly
the effects of two years of so-called
famrod enforcement by Sheriff Pen
lnell. He remembered well the results
which obtained from Tamrod enforce
ment under the late Samuel +. Pear
son, and he came tn this conclusion:
1t is better for this community in
general that liquor selling on Sundays
IN Kitchen bar rooms, ny pocket ped
oilers soliciting trade on the street, by
Young boys and girls. by being car
ried on in the home, among women
land young girls. who had been-and
the records Of the courts of Portland
show it-morally contaminated by
the men who resorted to these places.
He said, to himself with reason 1T
is impossible with anything less than
the State Militia to enforce this law.
am going to enforce ii as best I
can; | am not going TO permit women.
Italian women or any other women to
sell liquor; | am not going 10 PERM
it to be sold on Sunday; ! am going
TO go after these places first and have
a cleaning up and then / am going at
ter the more open places"
That was his position: that has been
his performance. If the members. of
this convention say TO Sheriff Moul-
ton: I'VE expect you to do the i'm
possible; we expect that which no
lother officer has ever done" then gem
Iemen of the convention, we are
Equity. IL on the other hand, the
members Of this convention say to
Sheriff Moulton, We expect you to
90 the best you can with the force
at your command. having in mind
conditions and not theories" then we
SAY we are entitled to your vote of
apprehension.
l
gentlemen of this convention To con-
slder this phase OF the question.
,hink ii is generally conceded that
Maine does moi enjoy among the sis
Ter states of this union the highest
PAGES, especially 50 far as Hypocrisy
IS concerned. ] am not going to ask
you gentlemen whether under this re-
solVe-and | want to call to your at
Itehtlon the provisions of tit alleges
that this sheriff "wilfully or corrupt
W has refused and neglected to per-
tofm his duties. In Cumberland coun-
~, at least, and particularly in the
Ic1tN of Portland, the Board of Trade
Iahd the Merchants generally have
been sending broadcast through this
country advertising matter advertis-
in& Portland and the State of Maine
as good place to live in, as good
place to play in, and as a good place
to work in We have spent thou
sands of dollars. | believe that other
sections IF the State have done the
same. Are YOU going to say 10 the