Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-05-26

spite Of the vigilence Of The enforce
ment officers, State, county and
local, this practice seems to be on
the increase rather than on the
wane.
"'Weed them out, and be quick
about It, Is the cry of one editor.
God knows that is just what we are
endeavoring to do with all the pow
err there is in us. If this department
could have its way we would send
every drunken operator to Jail for
the maximum period Of one year for
we heartily agree with Judge Robert
A. Cony Of the Augusta municipal
court when he remarked in imposing
Jail sentence on one of these
violators: 1T is better t, fill up our
| jails rather than our cemeteries.
| The. courts, appalled, at the increas-
ing menace, have awakened to the
| seriousness of the situation and in
most localities the person convicted
of the crime Of driving a car when he
| is at all under the influencing of in
| toxicating liquor or drugs, is reason
ably sure of a sojurn in Jail for a
period running all the way from 80
| days, the minimum, 10 one year, the
maximum, no matter what his sta
| ton in life may be.
1.-The courts are standing firmly
| behind us and are giving us Gratlfy-
| ing support. The press is behind us
but the public is in a majority or
cases only ostensibly so. Without an
exception every person is agreed that
no punishment which can be melted
out to a drunken driver is of too
severe a nature, but in nine cases
out of ten when it comes down to
actual evidence which can be pre-
scented to a court of justice. these
same persons who are most voci-
ferrous in their criticism fail us at the
crucial moment and unless the OIL
Ger is actually on the scene at the
| time the offense is committed evil
dence is difficult to obtain. The case
| falls through for lack of this evil
dencc and the department becomes
| the goat.
Il want it distinctly understood
that we shirk no responsibility. we
will exert every possible effort to
convict a person wholl we believe to
| be actually guilty of operating a
motor vehicle on the highways of
this state while he is in an intox-
| icated condition, but it takes cvi-
dence to convict and the private in
| dividual who shirks his responsible
| ity along these lines can only be
| considered as an accomplice, both
from 4 moral and n legal standpoint.
1.-THE law in this regard is very
specific. 1t is set forth in the opening
sentence of Section IS of Chapter 211
of the Public laws of 1921 and is as
| follows:
If any motor vehicle is so driven
in a reckless manner or by person
apparently under the influence of in
toxicating liquor or drugs, it shall be
the duty of every officer who is
charged with the enforcement of law
and of every citizen, to forthwith re-
port the same to the commission,
giving the register number OF the
vehicle, the state registering the
same, and the name and residence OF
the operator or owner, if known
"a few Sundays ago an automobile
party came out of a side street in
one of our cities. ran up on lawn
hit a fire alarm box. ran up the
street a short distance and stopped
long enough for citizens in that
neighborhood to make a minute ex-
animation. At least half dozen
responsible citizens did investigate
Not one Of these could or would
stand up and say who was operating
the car or whether or not the opera
tor had been drinking. Later III the
evening this party was picked up by
one of our officers in a neiShboring
city and all were convicted on the
charge of intoXication.
My point is that it was the duty
Of every citizen who observed these
circumstances to take careful note
of just what was happening and it
fn NJ, tn StD and in
court and relate the facts to the
| juogc. OF course | understand that
the average citizen is not trained in
/ the matter of gathering evidence
but in this case it is so simple a
matter that it need not confuse any
body. 1t is not evidence to say that
/ Sam Jones wife told Sally Smith
! that Peter Casey was driving a car
| one night two or three weeks ago
when he had been drinking, and then
add Please don't mention my name
or sign your name Pro Bono Publ
CO.. We must know the actual facts
and from somebody who is willing
to tell these facts to the court.
Il believe our officers are vigilant
in their endeavors to enforce this
! most important provision of the
motor vehicle law but l know from
practical experience that they are
greatly handicapped on account of
the unwillingness of the average
citizen to testify in court. If the
general publis would only realize the
Importance of their cooperation in
matters Of this sort the efforts of
the enforcement officers would be
greatly simplified and the results
would be much more beneficial to all
parties concerned.
81 would also impress upon the
public the Importance of Immediate
ly notifying an officer in case Of a
! serious automobile accident. In
| case OF a fatality the nearest medi-
cal examiner or the county attorney
should be notified at once and as
everybody knows, no dead body
| should be removed from the scene
of the accident without authority
from one of these two last named
officers.
| CAA