Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-06-07

law against illegal sale OF lntoxlcatinS
liquors and the keeping of drinking
houses and tipping shops, and TO
promptly enter complaints before
magistrate and execute warrants issued
thereon and shall furnish the county at
torney promptly and without delay with
the names of alleged offenders and OF
the witnesses.
The law against the Illegal sale OF
intoxicating liquors is found in Sec.
81, Chap. 127.
NO person shall at any time, by
himself, his clerk, servant or agent
directly or indirectly, sell any intoxi-
eating liquors. of whatever origin. wine
ale, porter. strong beer, lager beer and
all other malt liquors. and cider when
kept or deposited with intent to sell the
same for tipping purposes, or as a bev-
erage, as well as all distilled spirits, are
declared intoxicating within the near
ing of this chapter; but this enumera-
ton shall not prevent any other pure or
mixed liquors from being considered in
toXicating.'
The law against the keeping of
drinking houses and tipping shops is
found in Sec. "a. Chap. 127.
"No person shall keep q drinking
house and tippling shop. Whoever sells
Intoxicating liquors in any building,
vessel or boat. contrary to law. and the
same as there drank, is guilty of keep
ing drinking house and tipping shop,
and upon conviction thereof shall be
fined one hundred dollars and costs, and
in addition thereto be imprisoned sixty
days In default of payment Of said fine
and costs, the party shall suffer an adj
ditional imprisonment Of sixty days"
And one of the duties imposed by
Sec. 40, of Chap. 1877, r. S., is that
the sheriff and his deputies shall par
ticularly inquire into and institute
proceedings in cases of violations Of
supposed violations of this law
against illegal sale Of Intoxicating liz u
uors as appears in Sec. p, the law
against the keeping of drinking
houses and tipping shops as set out
in Sec. "a.
The duty is also imposed upon the
sheriff and his deputies to diligently
and faithfully inquire into and instl-
tute proceedings, enter complaint and
execute warrants in cases of viola y
tons or supposed violations of law
which, of course. include any and all
violations OF supposed violations of
law. and of course, include violations
of law set forth in Sec. q of Chap.
l27, r. s., which reads:
NO person shall deposit Or have i'll
his possession intoxicating liquors with
intent to sell the same i'll the state ii
violation of law, or with intent that the
same shall be sold by any person. or to
aid or assist any person in such sale
; Whoever violates this section shall be
! fined one hundred dollars and costs and
! be imprisoned sixty days. and in default
of payment sixty days additional"
. Sections 20 and 80 of Chapter 127,
X. S. state that if any person COM
petent to be witness in civil suits
which. of course, includes the sher-
ifs and their deputies. may make
sworn complaint before any Judge of
municipal court. or police court or
, trial justice. that he believes intoxi-
eating liquors are unlawfully kept OF
deposited in any place in the State
and the same are intended for sale
within the State in violation of law
such magistrate shall issue his war
rant commanding the person to
search and seize liquors found with
the vessels in which they are con
! tanned, and provision in this Sec. 20
is fully made to permit of the per-
Torrance of the duties imposed on
, the sheriff by Sec. 40, namely, 10
promptly enter complaint and the
mandate is given that the magistrate
shall issue the warrant and the sher-
if having promptly entered the com
plant, can then carry out the duty
of executing the warrant.
Sections 80 of Chap. 1877 provides
for a libel against liquors and vessels
seized, hearing upon the libel, etc.
Section 81 of the same chapter pro
vides that any claimant may file mis-
claim and be heard as a party to the
process and the magistrate shall de-
termine whether the liquors were
kept or deposited for unlawful sale
or not. If not. the liquors shall be
eturned to the claimant. If SO kept
and deposited for unlawful sale, they
shall be forfeited.
Miscellaneous other provisions APP
pear in the law which are properly
included within the expressions found
/ in Sec. 40. violations or supposed
violations of law, which apply par
ticularly to intoxicating liquors, such
as Sec. 10, Chap. 127. r. S. No person
shall travel. from place to place, etc,
CARRYING or offering for same, intox
icating liquors. and no person shall
obtain or offer for sale or delivery
Intoxicating liquors.
! In Sec. 20 of the same chapter we
| find that no person shall knowingly
transport from place to place intoxi-
eating liquors with intent to sell the
same or with intent that the same
shall be sold to any person or to aid
any person in such sale.
And there is in Sec. % of Chap.
81. r. S, provision that no person
shall he a common seller.
These. | think. cover generally if
NOT completely, the violations of the
nrobibitory law. as it is called. ap-
nearing upon the statutes of this
S+a+e and as | have said. of course
are some of the violations which all
sheriffs by Sec. 40 are specifically di
rected TO diligently and faithfully in :
cure into. proceed against, complsin
of and execute warrants on account
of and the complaint says that Sher-
| if White has not and is not faith
fully or efficiently performing these
duties imposed upon him by this sec
ton of this chapter, OF our statutes.
! The charge is made. not as of one
date. but as of the 3rd day Of Jan
nary and divers other days and times
hatxeen that day and the day Of the