Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-10-06
Monday, October 6, 1918.
Jail Sentences and "PubIic Opinion

Jail Sentences and "Public Opinion
The action of Supreme Court Justice
Haley in imposing fines instead of jail
sentences upon violators of the pro-
h;bitory law has occasioned consider
able comment, and some drastic, and
not altogether well-consdered criti-
cism.
That Justice Haley was conscien-
tiously performing his judicial duty as
he viewed 1t, we would not for one
moment question. Under any ORDINARY
circumstances, there would be neither
occasion nor propriety in commenting
adversely upon the judicial action OF
an honorable and upright judge in a
matter addressed to his discretion
There may be individual instances OF
violation of the liquor laws in when
the ends of justice would be best SUD-
served by the imposition of a f1ne, or
by placing the offender on probation,
or the like.
But if the facts are correctly report
ed, Justice Haley imposed lines IN
stead of Jail sentences in every one OF
the large nsmber of liquor cases pc
fore him. This may be taken to inal-
cate a general policy on his part IN
such cases. If this is the view of
Justice Haley, no one questions MS
right to entertain it, or to give 1t judi
cial effect. On the other hand. the
subject is one of public interest ana
importance, and it is the right ana
privilege of our citizens generally TO
express their convictions in reference
thereto.
1t may very probably be true that
in the dong run, and taking cases as
they come, the imposition of sentences
in criminal cases reflects to some ex-
tent the average public opinion. Not
that any Judge would or should con-
sciously base his action upon his con-
ception of what public opinion IN
its ordinary sense, may happen to be
upon given proposition. In cases
addressed to their discretion, our
judges should, and do, base their judi
cial action first, upon the law as they
understand il, and secondly, upon their
own Judgment of what is best and WIS
est. upon the facts presented in the
that sentences imposed by some OF
our strongest and best judges Will
often be found responsive to public
opinion, is generally due to the fact
that public opinion in the long run,
when the public has had SUFFICIENT
time for reflection and education, VIII
be found to be approximately correct.
Other judges, for instance, Judge
Beane of our Kennebec superior court,
have taken a different view of their
duty from that apparently entertain
ed by Justice Haley, and have made
Jail sentences the rule, and fines the
exception, in liquor cases. We believe
these judges are right. The system OF
fining rum-sellers as general policy
has been tried, and miserably failed
The only effective punishment, and the
only means of upholding the hands of
those sheriffs who are now giving us a
splendid enforcement, is the imposi-
ton of iail sentences
AS we have pointed out, the real
question is, not so much what is the
public opinion in this matter, as what
is right. When a thing is right, II
may for time fly in the face of pub
lie opinion, but will eventually win
recognition and approval in that great
forum.
But so far as the question at issue
is concerned, we believe that public
opinion, in a form worthy of Judicial
consideration, already demands the
imposition of Jail sentences. At the
polls the people have refused to strike
from the Constitution the prohibitory
amendment. By their representatives
in the Legislature they have refused
to again submit the question thus set
tle6, or to open the door to license leg
islation. At later session they i'm
peached and removed sheriffs who
were delinquent in the enforcement of
the prohibitory laws. The question of
public sentiment as to their enforce
ment is therefore no longer a matter
of guess-work. 1t is a matter of record.
And to such a deliberately voiced
Hblicy of the people, expressed through
judges may properly give heed.