Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-10-15

gentlemen, members of it's own party
of being concerned in any scheme to
railroad Joker" thr ough the Legis-
lature in 1898?
The 1898 statute was not Joker"
1t was a short, plain, easily under
stood statute, which specifically point
ed out In it's preamble that it pro-
posed to insert the words in question.
1t was the duty of every member
who believed in the retention of judi
cial discretion in all cases, liquor
cases included. to vote for that sta
i tute. Not single vote, Republican
or Democratic, was cast against that
statute in the Legislature of 1898 The
only interruption to it's smooth course
through its several readings, engross-
ment, and final enactment, was when
Senators Thatcher and Jackson, both
Republicans, had it tabled, assigned,
and then re-assigned. prior to it's final
enactment and approval. Strange ac-
ton on the part of conspirators trying
to sneak Joker" stealthily through
| the Legislature.
But the Sentinel says that instead
of amending the general statute rela-
tive to judicial discretion by adding
the words "or by fine, and in addition
thereto, Imprisonment" those words
should have been stricken from the
various sections of the prehibitory law
which contained them. According to
this logic the Legislature could not
such procedure to the liquor sta
flutes. Since the 'and' and "or'' sta
tute had been the law of the State for
at least So years prior to 1893, the
Sentiners logic would have required
the Legislature to hunt up each and
every one of our criminal statutes
containing the fine and imprison-
ment" element, and change the word
land" to or, in addition to repeal
ing the general and and or sta
tute. And woe to the unlucky offender
whose case happened to fall under an
overlooked section!
The argument is hardly convincing.
Such legislation would be but bung-
ling and inexpert way of doing what
the general statute now does in sin
gle comprehensive sentence. The gen.
pie applicable to all criminal cases.
II it is desired to take a particular
criminal statute out of the operation
of that principle, let it be done by ex-
pressly and in terms excepting it from
such operation. Or course If the princi-
pie of judicial discretion itself is to be
done away with, then it would be logi-
cal to repeal the general statute ex-
pressive Of that principle. The 1887
ana 1891 amendments infringed upon
the principle of judicial discretion.
The legislators were acting within
their rights in SO infringing it. But
In 1898. the principle was restored, and
isafeguarded against being 'circum-
vented" in the future by broadening it's
terms to meet the language intended
10 get around" it. And the Legisla-
lure of 1893 was just as clearly acting
Within it's rights.
Now, what happened after this mi
| (uitous Joker" was enacted, in 1898?
terely this. that for the next sixteen
fars the courts continued to exercise
| fdicial discretion in the imposition
d sentences, under it's provisions. Then,
| ID 1909. came the Hastings bill, again
attacking the principle of judicial dis
| cttion by seeking to take liquor cases
| ott of its operation. Surely, at that
| THE, the Joker" had come to light,
belause the Hastings bill went logi-
caAy and directly to the heart of the
| controversy, namely the judicial dis
craipn statute itself, and sought to
| It, IHCii, dSSoioiAo ~ s''N
Seniners pipe dream, the awakened
intelligence of our people-of our
cours, juries, lawyers. laymen and
legislators, who had lain comatose for
only 50 years while a Joker was
being perpetrated upon them-then
| the awakened intelligence should have
-er, awakened. And it did, in the
person of Mr.. Pattangall, part of
whose argument in the Legislature
| the Sentinel quotes, and on whose un-
sound reasoning its editorials have
been bas.d.
But afer Governor Fernald's veto
of the Hastings bin, Mr.. Pattangall
again became comatose, with the rest
of us. As Democratic leader in the
Legislature of 1911, it would have call
ed for buia slight exercise of his great
powers OF oratory and of leadership
to have made junk of the Joker"
But ignoDly the Democratic Le2isla-
ture failed in its duty, and the joker