Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-05

near ON Tho other side in this case may
fully be aware and be fully informed OF
the evidence and what they will be re-
quired t. meet.
) OF course it is unnecessary for me to
define the language used in this statute
referred to in the resolve, the words
diligently and faithfully inquire. the
words diligently an1 faHhfuliy inquire
as all attorneys here know. have been
USED in the oath of grand jurors since
the eommon-law existed; but this statute
goes further than The requirement of ne
grand iHrors. and requires that he shall
diligently and faithfully inquire into all
violations of Inv. aud particularly the
law against thc Illegal sale of intoNi-
eating liquors" For thc henedt Of those
who have not perhaps studied the legal
deEnitins of these words, might use
this definition ef diligently" as one APP
proved by the court; diligently inquire
means such inquiry as a man of ordinary
prudence who desired t. know the truth
would make" So that throughout these
proceedings we all must bear in mind tn"
fact that the shcrif's office is nct GA
Of negative duties. but that there are
positive. aggressive duties to be per
|
! shall offer TO submit to you will he Of
fered for the purpose of showing that
! there has not been this active compli-
ance with the statute; that the duties
! which have been understood for 4 long
| time. but which the Legislature in its
/ wisdom crystall.zed in 1865. apparently
because IF Il public demand that this
specific requirement be made i'll law. Spc-
officially capitalized these demands 50
that the sheriffs should know that 4 spe-
cial duty was imposed upon them in the
enforeen ent of the liquor laws; that he
must diligently ana faithfully inquire.
and that he must promptly enter com
plants leforc magistrates, and that he
must get tho names Of the offender and
the witnesses necessary to convict, and
lay then before the proper authorities.
Such WAS lie law, and of course that
law is pre- s1inlably known to the sheriff
In addition to that. rs you all know,
The highest- executive officer of this State.
the man x3lo is the superior Of the sher-
ifs a. exes utive officers here, In his in
augurdtioiL which We have a right to
presume "a me to the knowledge of this
man, spec dcally declared fer the on
forcement of the liquor law, and I sub
nit gave such notice as could not be
misunderstood, that officers must do cher
duty or Il Ike the consequences.
Nov, with those general propositions
which are matters Of common knowledge
submit the following as some Of the
detailed evidence which We shall pre-
sent.
First. We shall Show you the record of
the payers of retail liquor license taxes
in The city OF Bath. for the county of
Sagadahoc. durin.s the current year: and
we shall show that these taxes, these
lists were eX arnncd within Il few days
and that they show the present situation
there. show some 70 licenses held in that
ltltle county, show some Is held in the
little city of Bath a city Of between
5000 and 5000 inha bitants and about POO
registered voters: then We shall show
that these licenses many of them, are
held by men or were held By men dur
ing the peri ID covered by this resolve,
that is. were held BY men between jan
uary LIST, 1872 and the date Of this re-
solve, We're held by men who were noto-
riors liquor sellers, and who had no
other visible means of support and
whose names have been residents upon
the calendar and the docket of the su-
preme court For years; and We shall show
that that is notice such as Il man
who, in the language of the law, desir-
ing honestly to ascertain the facts. would
have taken action on; We shall show
that during that same period, be
tween Jan. /. 1919 and the time of this
resolve, that the police on several oc.
casions took occasion to see that the
liquor law was enforced; but We shall
show by the judge of the court thai
10 complaints. no witnesses. no mat
tiers leading up to the prosecution o
these violators of law was taken b.
the sheriff or his deputies.
We shall show you, gentlemen, thai
on Center street, a street which lead
from the sheriff's office To the post.
Office, the street down which the sher
| iff travels every day, that on his lef
hand Us he came down the street h
had to pass the place of one of the
most notorious rum sellers that Bath
ever had, a man from whom within
four months a seizure of two jiggei
loads of liquor had been taken
man who in January of this year II
The supreme court of the county
plead guilty and took the penalty fe
violating the law; and yet during tn
period from Jan L.. 1913 with such
nc;iee as there was in this act of his
pleading guilty and paying "a fine,
that man continued in business in this
same street until another seizure of
his place was made; and until such
occasion arose that further action
was taken, and what / refer to is that
one Of Baths most prominent citizens
wlom we shall have here and whom
We have here-we shall show that he
realizing the vile conditions so far as
The liquor law WAS concerned, formu-
| lated a platform, and we have it here
as it appeared in the public print
which platform was practically COM
prised solely Of promise to stop
what he designated TO be the wide
open conditions and to stop the lille
gal sale of liquor in the city of Bath
! That platform was presented and i
was published in the public print OF
4 Feb. y of this year. and still no ac-
ton was taken by the sheriff, and
still no complaints were MADE and
nothing done to enforce this law. We
III l.