Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-10

| ing the notification and acknowledgements
] OF TINS law that has existed in the State ,
OF Maine during that length of time.
YET not single action has been brought
under this statute for the purpose of
CONFLICTING and fnng any sheriff with
in the State for the non-eneorcement ar
the unfaithful enforcement of this mar.
tcular law.
so that, with that fact in mind gen
tlemen, ii seems 10 me that Won ga,
readily see why the present Chief Ok
ecut1ve OF Maine finally concluded that
the only court 10 which he could appeal
was this Legislature itself. and that
IS the reason for his appealing to This
body.
N""' 90 not intend to chide any Of
me members OF this convention for any
'i'hs 'hat has happened in the course
on thcSc proceedings. don't know, /
nave io' taken the trouble To find ont
whether ~ of You gentlemen on the
,aa,,o "n las 'ne o'her have already
hi'"e UP S&R minds as To your final ac-
ton in this case. And so far as am
concerned. am going To assume that
you gentlemen all intend to do your
duty in this solemn matter. honestly
and impartIlly
ana my associate counsel started i'm tho
preparation of these eases we hard1,.
expected to drive counsel for the de-
fence into position which it has assumed
IN tAiS case. ana that is that the laws
of this State and the Constitution of
this state could be interpreted by Tho
Executive or administrative officers of
the state To suit their own views and
policy. | listened with a great daa1= =
interest ana admiration To the cloopno,
appeal of the learned counsel for the
defence here, particularly his appeal To
your independent spirit and invoking
the case of the great Fessendcn and his
action in the Impeachment of President
Johnson; but | wonder. gentlemen, what
mat same great statesman. that sreat
constitutional lawyer would have sail
to my Brother Pattaugall if he had pre-
scented to him such an Interpretation of
the Constitution of Maine and of the
statutes of this State as he has beer
presenting To this convention here to-
day. and on which the defence in this
case has been based.
Why, gentlemen, that great constf-
tutional lawyer would have said To nv
Brother Pattangall: Mr.. PattangaIi.
such 9 theory as that. such an argu-
ment as that might do upon the stump
but 1t never would be received before
any judicial body in tile land
Now. gentlemen. What is the cues.
ton that is before you for considera
ton in these proceedings nv brother
has commented upon the language o.
the resolve and upon the Statutes in
order that You might consider as Ia
Just what your action would result in
ii you. f9vorably acted upon this re-
, spINo. 1t is true that the resolve SAYS
that the respondent here has wilfulle
or corruptly failed to perform his du
tics. | want you to nete, gentlemen. the
words ''wilfully or eorruptly," partieu-
, larry the word or" and therefore your
2ction in this case does not necessarily
and, although you may be convinced
of II, that respondent is guilty OF
Wiiful and corrupt failure Ia enforce
the law, but that he is guilty of either
ono or the other. Nov, the section ol
the Statutes TO which this resolve re-
; fcrs, as my Brother has already read
&c you, is Section 60 of Chapter %, and
ii was read To you in the other case.
| | also wish To call your attention t.
4 the iSct that while that resolve or that
section OF statutes SAYS that the shcr-
C if shall diligently and faithfully in
4 qure into the violations or supposed
violations OF law. il goes further and
b, says that he shall specially inquire into
c the violations of that particular chap
. ter which relates to the sale of intox-
( icating liquors. There is {: special bur
e den placed upon him in relation 10
5 these particular laws, and from the IN
4 yestiaatioua and the burden of inquiry
C he cannot escape.
With those facts in mind. gentlemen
let us see just what the conditions are
1 in the city Of Portland. or what they
have been during the present term OF
4 office of Sheriff Moulton. We have pro-
:. duced before You Il number OF witnesses
I who lave testified to The conditions
| that have existed there since he first
l tay of January. Mr. Doughty vent on
!, the stand and told you that lie made
t calls at these numerous rum shops or
t saloons very early in January; MIR.
I, Skllines testified that in February he
I made cali at 40 different places. and
r you heard what he testified about them.
a Then within the month of March VIC
: produced a number Of witnesses from
I the city of Portland including clergy
, men, If you please, and | submit that
T at least clcrgymen are presumed TO
tell the truth about VIA; they see;
and they testified as t. the actual con-
, ditiCns ihat were existing IL the city
of Portland at that time. Now / do not
, suppose, considering the attitude which
the defense has taken in this case, that
there can he the slightest question in
i, the mind of any member of this con-
|, vention but that certain saloons. GER
tain particular saloons Lave been run
/ ming openly and freely and without
being disturbed by the sheriffs de-
. partment in the city of Portland since
the first day of January.
| In addition to that gentlemen, II yol
needed any more evidence here is also
the evidence from the shipping depart
mcnt or the receiving department of
the Boston & Maine Railroad, that to
. two wholesalers in the city of Port
. land there has come into that city
since the first day of January approx
iInately $4,000 gallons of beer or ale.
N-oyv tbo, RI NV mind jndifafaS thar