Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-02
HEARING
On Petitions to Restore
Lobster Licenses
Brought BY 3. F. Higgins Co. and L.
N. Meintire & Son Of 6oethbay
Hsrbsf-HeId Saturday esfers
Chief Justice Cornish at Court
House

| House
| Hearing was held before Chief Jus
ttce Leslie c. Cornish Saturday fore
noon at the court house on The petit
ton Of the F. b. Higgins Co. a COR
poration doing business at Boothbay
Harbor, asking that the Commission
of Sea and Shore Fisheries restore its
license which had been revoked by
the commission on Nov. 10. 1918. At
torney General Guy II. Sturgis ap-
peared as counsel for the commission
and Cyrus r. Upper of Boothbay
Harbor for the petitioner
| The F. B. Higgins Co. set forth In
its petition that on Dec. l, 1917, it was
given a license by Commissioner Of
Sea and Shore Fisheries Q. H. Dun
bar for buying and selling Holsters Of
legal length as provided by the laws
Of Maine: that on Nov. 10, 1918. it
received letter from Director of Sea
and Shore Fisheries H. L. Sanborr.
stating that it's license was revoked,
that day but giving no reasons for
revoking the license: that neither the
corporation nor any Of its servants.
agents or employees have ever been
found guilty of any violation of the
provisions OF the law relative to the
lobster industry by any court of
competent jurisdiction: that in Octo-
| Der last complaint was made by
John +. Whalen of Rockland before
the RQckland municipal court alleg-
ing that F. b. Higgins had in his pos
session at Boothbay Harbor in Sep
TENDER last, IS Holsters of less than
four and three-fourths inches in
length: that after a warrant had been
issued Mr.. Higgins was arrested and
taken to Rockland before the Rock
land municipal court; that Mr.. Hig-
gins filed a demurrer and claimed
that the court had no jurisdiction
over the offense. but presented no evil
dence relying wholly upon that claim:
that the demurrer was overruled and
sentence imposed; that an appeal was
taken to the supreme court to be held
In Rockland in January.
The petitioner further set forth that
on Oct 20 last after the case had been
appealed and before final judgment,
MIR. Higgins received letter from
Director Sanborn stating that if the
fine imposed by the court was not
: paid that his license would be re-
voked; that it alleges that the license
was revoked because MIR. Higgins re-
/ fused to pay a fine before final judg-
ment had been rendered by a court of
competent jurisdiction; that if the
courts of Knox county have jurisdic-
ton over this offense no full hearing
I can be considered to have been held
until the appeal is disposed of; that
on Nov. 10 last it petitioned the COM
mission to grant it a hearing and to
restore its license; that the commits
sion refused to grant hearing and
refused to restore the license without
a hearing; that the corporation has Il
large amount of money invested in
lobster pounds. etc. all of which will
become a total loss II the license is
not restored. tFs
In conclusion the petition stated
! that the Commission of Sea and
Shore Fisheries have erred in their
conclusion of facts. and prayed that
the court order hearing on the petit
ton and that its license might be re-
stored.
! Testimony was given at the hear
ing by the petitioner, Fred B. Hig-
gins, Chairman II. 8. erie of the
| Commission of Sea and Shore FISH
cries. and II. l.. Sanborn. director Of
| sea and shore fisheries.
Mr.. higgins stated that tine cor
! poration usually did business
amounting to $4,000 to $4,000 a year,
/ but that the business was lighter this
! year. and.that the corporation usual
| ly sold from $4,000 to 100000 Holsters
a year. He testified regarding the
seizure of Holsters declared to be
short, which he had bought for le-
gal length Holsters. but said that the
wardens did not find any fault with
his way of doing business. And he
/ testified regarding the matter before
the municipal court and the letters
he had received, as set forth in his
! petition.
! Mr.. erie stated that he was present
when the seizure was made from the
corporation and that of the 260 lob
sters examined As were short. He
stated that the federal license did
not include Holsters and he also tes-
titled regarding the regulations sent
out by the food administrator.
| Mr.. Sanborn. director Of sea and
shore fisheries, stated that he had
revoked the license of the F. B. Hig-
gins Co and had notified it to that
effect. He had revoked the license be-
cause the corporation had violated
the law.
| The facts in the case Of q petition
of L. NJ. McIntire &. Son were practi-
| cally the same as in the Higgins mat
ter and both cases were heard by
Chief Justice Cornish.
| Chief Justice Cornish sustained the
petitions in both cases because the
| licenses had been revoked by the di-
rector of sea and shore fisheries on
| the ground that the petitioners had
been convicted Of violating the law.
| Chief Justice Cornish held that that
meant that the conviction was in a
| court having jurisdiction over the Of
Tense and that while the Rockland
, municipal court had Jurisdiction over
the violations Of the lobster law it
did not have jurisdiction over VIOLA
tions under other sections Of the
statutes. Therefore, there had been
no legal conviction and the license