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

't' IA tfie Wy = fbitliIi tHtlo
has been an open and notorious VIOLA
ton of the law. Bu' the defense comes
in here and says. il IS true that liquor
~ sold III the city of Portland and you
cannot stop it, ard we claim the right
by leason OF the fact that the public
has already approved oi tn election
OF sheriff Moulton; or. Iirst. that it is
dfsprored according to their notion by
the repeal of the Sturgis law, Oh the
stfict enforcement law, and that it is
approved as to the course q Sheriff
Moliton by his reelection, that there
lore Sheriff Moulton has d right To ex-
efctse his discretion as to how lie VIII
enforce The law, against what places
re VIII proceed 10 what extent and
hoW far he will go in closing them UP
ana. IL you please, in regulating the
fa"iiner in which they shall sell.
That gentlemen, is an astounding
proposition that the counsel for the
dcfens" has brought IN here and put
up tn this Legislature rs i defense
why the sheriff Of Cumberland county
should net be removed by the Cover
nor for dereliction in the performance
Of his duty, They practically concede
thai he las not perform his duties, as
We understand the law he is bound to
pr i'I Ill tiltili, but they Clulfn the right
for him To exercise his discretion ann
thy don't tell you where he is given
the power to exercise his discretion:
they don't point out any provision of
tie Constitution of this State which
says that any sheriff of any county is
entitled to exercise his discretion in a
matter of this kind, nor any section of
TIE Statutes of this State wilieh1lIAys
that ne shall exercise his discretion as
| to now and when and where he shall
ENFORCE any Of the criminal laws of the
| state OF Maine
My brother in his opening, and it has
| been urged here in giving history and
| in the sighting manner in which the pro-
| hibitorE law has been referred to, that
| the repeal of the Sturgis law WAS iln ia
| dlcatlon that the people of the State OF
| Maine do not want a faithful and diigent
| enforcement of the so-called prohibitory
| law. If YOU admit or claim that that was
| an argument or prook of any such po-
sition ON the part of the people of this
State, then l submit to you gentlemen,
| the action of the people of the State of
! Maine year ago last september and
| last September is more than conclusive
proof that they have changed their mind
| and desire a strict enforcement of
| the prohibitory law; so that so far as
there being any disapproval of the action
| of the people. or the executive officials
| who desire the strict enforcement of the
! law, on the contrary, there has been a
| notice by the people of the State OF
Maine in the last two elections held in
| September. 1911. and September 19l2 that
the people OF this state now expect and
demand that the executive officers of this
| state. including the sheriff of every coun-
| ", shall faithfully and impartiaily en-
| force the law.
| But they say that the course of Sher-
| if Moulton has been ratified by the peo-
pie of Cumberland county, and there
| fore the Legislature of Maine should not
undertake to interfere with them. What
| are the facts. gentlemen. in regard to
that proposition? If the people of Cum
| befiand county did not know any more
| than the witnesses which they produced
| here iii defence as to what conditions
| existed III Portland. then they could
| scarcely claim there was any ratifiea-
ton of the course which he was pursu-
| ing. There was not one of them. except
| possibly Mr.. Lewsen and Mr.. Water
house, who would admit that they knew
| anything about what, was going on In
| these various saloons. How can they
claim. therefore, that ting people OF Cum
befland county ratified the action OF
| Sheriff Moulton without knowing the
conditions. il they did not know any
more than the witnesses whom they have
produced here in defence?
Go further than that if YOU please,
and examine the returns OF the elections
which have been presented here In evil
a majority of the voters of Cumberland
| county approved the action of Sheriff
| Moulton in the last two years. on the
| contrary, there was more than 1000 votes
| against him: majority of the voters of
| Cumberland county were opposed to the
method which he had pursued in the ad-
| mnistraton of his Office during the pre-
vious two years. So much for that prop
| ositon
Well now. let me call your attention
for moment to what this exercise OF
| this discretion which he assumed TO you
in this case has resulted in down there
| i'm the city of Portland
| You will remember that the liquor dep
| uties who testified here yesterday pro-
| duced some very interesting information
| upon that points,. Their position is that
| by reason of the conditions which exist
| through the sale of liquor, that the con-
| ditions are bettered so far as intoxica-
ton is concerned andtthat social condi-
tions better and that therefore they
| have right under the statutes and the
| Constitution to enforce the law in such
| manner as would produce the best con-
| ditions. and that this will have the re-
| suit of liquor being sold openlyTin sa-
looms properly regulated and under
proper conditions, with white coated bar
tenders. instead of driving the sbusincss
| into kitchen barrooms.
| Well, now the discretion Swhicn the
| deputy sheriffs exercised in the city of
| Portland resulted in this They made
| seizure down on Pleasant street by
Jim Welch's place, upstairs in some ten
ement house. as Deputy Sheriff Hartford
| testified, last night, but they never went
| into the saloon right underneath it on
! that corner, one of the most notorious
| rum shops in Portland where rum has
always been sold as Deputy Sherffs