Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-05-04
Maine Legislature
Has Made Prohibition
Law Really Effective
Courts Must Now Impos Fines and jail Sen
fences on All V inlatnrs ind Mol
Pressing Is Doomed.

A Portland, Me-. special to the Boston
! Herald says:
contrary to the general impression the
Maine Legislature, despite the fact that
IL did not pass the Bussabarger bill dur
ing the session just closed, put teeth into
the States prohibitory law 1t added
new ones. sharpened and reset old ones
and so thoroughly REINFORCED both upper
and lower sets, that the prohibtcry law.
when all of its sections have become op-
erative, will be entirely fit to nlasticate
anything in the way of old lodges prac-
ticed for its defeat. Aided and abettel
by the federal bone dry law. whether il
be true or not that that law is equirpe /,
with virulent joker, it promises for this
state . drought quite as free of moisture
as the most ardent temperance advocate
could ask for
Passageway Into Jals.
For long period it has been advocated
by the supporters of prohibition that 4
mandatory jail sentence would serve as
cure-all for al violations of the pro-
/ hibitory law. If that be so, then the time
N'OSN
prohibiting. prohibition is dead. A most
thorough job has been done in clearing a
passageway right into the county Jals
OF the State. No longer is it left for the
court TO say whether it shah be fine and
costs or 50 days in jail. In every instance
where violation of the prohibitory law is
proved the court will have no choice. 1t
must be a fine and Jail sentence, and In
default of payment of the fine an addi
tional number Of days is to be added
There were laws passed many years
ago where land" appeared in naming the
penalty, but sympathy for enforcement OF
the law was not as keen as it Is now
and by some unexplained process of rea-
soning it was construed that "and' meant
or and ever since violatcrs have been
escaping Jail sentences uninterruptedly
The liquor business in Maine, If a fair
amount Of trade can be handled without
molestation, nsures $4,000 per annum
minimum profit, so what cared the viola
tor for a paltry hundred and costs now
and then as long as his freedom was not
hindered? Now he faces the certainty Of
passing at least GO days in Jail If it is
proved that he has acted contrary to the
statutes in such cases made and provid-
ed He, in some instances at least, will
hesitate after a few object lessons.
Nor is this all. There have been times
when county attorneys whose duty it al
ways has been to enforce the laws, have
been objects of suspicion because they
have used their unrestricted prerogativ
and dismissed certain cases by mol
pop No.
able to nobody heretofore and few have
been blind to the fact that they were pro-
vided with whip by which they were
quite free to and did induce contributions
to the party treasury or, possibly, to their
personal bank accounts.
One Striking Instance.
A short time ago a man who stood in
fair way of having to do time for num-
erous convictions sent word to the county
attorney that he stood ready to pay a stiff
fine to have his slate washed clean. The
attorney took the matter up with the
justice OF the court in which the offender
was to appear for trial. He asked the
judge to let the man off with a fine OF
$500. The court promptly told the county
attorney that no such proposition would
move him in the respondents favor,
whereupon the attorney mol pressed the
case. Through this miscarriage of justice
the violator escaped prosecution, saved
at least $500 in cash and did not serve a
term in jail. There have been many such
instances. as enforcement officials we'll
know.
Now. however, there is a new law which
compels the county attorney to make a
record of the dismissal Of a case on the
back Of the writ and with 1t his reasons
for the mol pressing and even then, be-
fore 1t can become effective. it must have
the approval Of the presiding justice be-
fore whom 1t would have had trial.
The greatest stumbling block in the
way of strict enforcement Is the pocket
peddler. the fellow who plies his business
on the street corner in alleyways and
such places. Just as did the bootleggers
In the days wher. men of this calibre car
ried their bottles of liquor or stock in
trade in their bootlegs.
A new law has been enacted which