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SEC. 12.

That section 1543 of the Code be and the same is hereby repealed and the following enacted in lieu thereof:

"SEC. 1543. In cases of violation of the provisions of either of the three preceding sections, or of section 1525 of this chapter, the building or erection of whatever kind, or the ground itself, in or upon which such unlawful manufacture, or sale, or keeping, with intent to sell, use or give away, of any intoxicating liquor is carried on, or continued, or exists, and the furniture, fixtures, vessels, and contents, is hereby declared a nuisance and shall be abated as hereinafter provided, and whoever shall erect or establish, or continue, or use any building, erection, or place for any of the purposes prohibited in said sections shall be deemed guilty of a nuisance, and may be prosecuted and punished accordingly, and upon conviction shall pay a fine of not exceeding $1,000 and costs of prosecution, and stand committed until the fine and costs are paid; and the provision of chapter 47, title 25 of this Code shall not be applicable to persons committed under this section. Any citizen of the county where such nuisance exists, or is kept or maintained, may maintain an action in equity to abate and perpetually enjoin the same, and any person violating the terms of any injunction granted in such proceedings, shall be punished as for contempt by a fine of not less than five hundred nor more than one thousand dollars, or by imprisonment in the county jail not more than six months, or by both such fine and imprisonment in the discretion of the court.

SEC. 13. That section 1551 of the Code be, and the same is hereby amended by adding thereto the following: "Every peace officer shall give evidence when called upon, of any facts within his knowledge, tending to prove a violation of the provisions of this chapter, but his evidence in no case shall be used against him in any prosecution against him for a violation of the provisions of this chapter.'

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SEC. 14. That section 1553 of the Code be and the same is hereby repealed and the following enacted in lieu thereof:

SEC. 1553. If any express company, railway company, or any agent, or person in the employ of any express company or railroad company, or if any common carrier, or any person in the employ of any common carrier, or if any other person shall knowingly bring within this State for any other person or persons, or corporation, or shall transport between points within this State for any other person or persons, or corporation, any intoxicating liquors, without first having been furnished with a certificate from and under the seal of the county auditor of the county to which said liquor is to be transported or is consigned for transportation, certifying that such consignee or person, for or to whom said liquor is to be transported, is authorized to sell such intoxicating liquors in such county, such company, corporation, or persons so offending, and each of them, and any agent of such corporation or company so offending shall, upon conviction thereof, be fined in any sum not exceeding $100 for each offense and shall stand committed to the county jail until such fine and the costs of prosecution are paid, and one half of the fine shall go to the informer and the other half shall go to the school fund of the county; and provided further, that the offense herein defined shall be held complete, and shall be held to have been committed in any county of the State through or to which said intoxicating liquors are transported, or in which the same are loaded for transporation; provided further, that it shall be the duty of the several county auditors of this State to issue the certificate herein contemplated to any person having such permit, and the certificate so issued shall be truly dated where issued, and shall specify the date at which the authority or permit expires, as shown by the county records.

SEC. 15. Every person who shall, directly or indirectly, keep or maintain by himself, or by associating or combining with others, or who shall in any manner aid, assist, or abet, in keeping or maintaining any club-room, or other place in which intoxicating liquors is received or kept for the purpose of use, gift, barter or sale, or for distribution or division among the members of any club or association by any means whatever, and every person who shall use, barter, sell or give away, or assist or abet another in bartering, selling or giving away any intoxicating liquors as received or kept, shall be deemed guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail not less than thirty days nor more than six months.

SEC. 16. All statutes and acts and parts of acts inconsistent with the provisions of this chapter as hereby amended, are hereby repealed; provided, however, that this repeal shall not affect any act done, any right accruing or which has accrued or been established, nor any suit or proceeding had or commenced in any civil cause before the time such repeal takes effect, and no offense committed, nor penalty or forfeiture incurred, and no suit or prosecution pending when the repeal takes effect, for an offense committed or for the recovery of a penalty or forfeiture incurred, shall be affected by this repeal and the

provisions of section 1555 as amended and substituted by the act of this general assembly, approved March 4, 1884, shall apply and have relation to the provisions of this Code as herein amended and all the penalties as herein provided, shall be held to apply to intoxicating liquors as defined in said act of March 4, 1884.

Mr. Blaine's Sentiments.

Mr. Blaine's sentiments on this question may be seen from the following letter by Neal Dow to Rev. C. Clark, editor of a prohibition newspaper in New Jersey: DEAR SIR: Your note of the 4th instant has just reached me. In answer to your inquiry I say I have had many letters from different parts of the country making inquiries about Mr. Blaine. My reply has been that he has always been a friend of the Maine law and has many times rendered important service to it. He is in favor of the proposed constitutional amendment and will vote for it. He is also a teetotaler and has been so several years.

The Republican party of Maine has always made prohibition a part of its platform and conceded to the people at the last Legislature an opportunity to vote on the question of constitutional prohibition, as it is the undoubted right of the people to do. The temperance men of Maine, therefore, may properly be loyal to the party which has a just claim to their support. But outside of this State, Vermont, Kansas and Iowa, the Republican party has no claim whatever upon temperance men for help at the ballot box. We, the temperance men of Maine, are firm in the conviction that our object, the prohibition and suppression of the liqnor traffic, can never be attained except by independent political action. The sooner that policy is resorted to and vigorously pursued the sooner we shall win. Respectfully,

PORTLAND, Me., July 8, 1884.

Democratic Principles.

NEAL DOW.

The Democratic party favors the largest personal liberty compatible with the welfare of the State, and leaves the regulation of appetites to moral and religious influences, believing those agencies are the most effective and the most in harmony with the principles of free government.

It therefore approves and indorses the action of those citizens who recently organized a National Protective Association to protect their personal liberties from officious and undemocratic infringement, and who expressed their protest in the following platform:

We hold that the constitution of the United States, based on the declaration of independence, guarantees the enjoyment of personal, civil, and religious liberty and the pursuit of happiness, and warrants the enactment of no laws which seek to abridge or restrict the same; that all existing prohibitory laws or contemplated legislation, which tend to abridge personal rights, are tyrannical infringements on constitutional guarantees, and should be respectively repealed and opposed; that all Sunday laws which abridge religious liberty and prevent the working classes from enjoying the public libraries, museums, art galleries, and public parks, are tyrannical and unjust, and should be repealed, for Sunday was made for man, and not man for Sunday; that the "public school system is the bulwark of our institutions, and must be kept clear and free from all sectarian influence and interference; that all organized ecclesiastical interference in civil affairs is in violation of the spirit and letter of the constitution, the genius of American institutions, and is demoralizing and pernicious, and must be restrained; that all private and corporate property, whether real or personal, should bear the burdens of taxation equally.

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Protection of American Citizens Abroad.

Republican Neglect.

During Mr. Blaine's administration of the State Department in 1881, the Republican neglect of citizens abroad called for a stinging rebuke from Democratic leaders.

Early in that year the history that preceded the war of 1812 began boldly to repeat itself. American citizens temporarily resident in Ireland were thrown into prison under the infamous "Coercion Act" of Great Britain. These men were convicted of no crimes; they were simply suspected of sympathy with the cause of Ireland. Vain efforts were made by individual friends and by societies to have positive and effective action taken by our Government on behalf of these unfortunate persons.

The law upon this subject is as follows:

SECTION 2,000, REVISED STATUTES. All naturalized citizens of the United States while in foreign countries are entitled to and shall receive from this Government the same protection of persons and property which is accorded to native-born citizens.

Sec. 2,001. Whenever it is made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons of such imprisonment; and, if it appear to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen; and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall, as soon as practicable, be communicated by the President to Congress.

Notwithstanding this sacred obligation the neglect assumed alarming propor

tions.

The principal cases were those of O'Mahoney, McSweeney, Boynton, O'Connor, Walsh, McEnery, Hart, Daly, White, and McCormack.

Case of O'Mahoney.

Henry O'Mahoney was imprisoned under the coercion act June 4, 1881. He presented his case to Mr. Lowell, U. S. Minister to London, asking him to procure him a speedy trial or liberation. To this request Mr. Lowell, while acknowledging his title to citizenship, regardless of the plain and mandatory words of section 2000 R. S., above quoted, replied in effect that England had a right to arrest all persons domiciled in the proclaimed districts, and that it was "manifestly futile to claim that naturalized citizens of the United States should be exempt from its operation."

Mr. O'Mahoney's wife addressed a letter to E. P. Brooks, Consul at Cork, requesting his interference to secure her husband a speedy trial, and forwarded his naturalization papers. Mr. Brooks, in a letter to Adam Badeau, Consul-General at London, says: "I explained to Mrs. O'Mahoney that no interference by me could possibly effect the result she sought."

The following speaks for itself:

Mr. Lowell to Mr. O'Mahoney.

"LEGATION OF THE UNITED STATES, LONDON, July 19, 1881.

"SIR: I have your letter of the 15th instant. before taking action in such cases as yours.

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I am waiting instructions from home

"It is my opinion, however, and in this I shall probably be sustained by the Department of State, that the fact of being an American citizen cannot of itself operate to exempt any one from the penalties of a law which he had violated, and that it will be necessary to show that some exceptional injustice had been practiced in any particular case before the American Minister can be called upon to intervene.

"I am, sir, your obedient servant,

"J. R. LOWELL."

Mr. O'Mahoney had informed Mr. Lowell that all he asked was his interference to obtain a speedy trial. Our representative, however, evaded this direct request by assuming that he asked protection from the verdict on the crime charged.

Mr. O'Mahoney's citizenship was established beyond question. He was discharged from the United States Navy in 1865. He remained in this country until 1874. Then sojourned in Ireland until 1879. In February, 1880, he obtained naturalization papers at Lockport, N. Y. In January, 1881, he returned to Ireland to dispose of his property and bring his family to this country. That his citizenship was admitted, and with it his right to the benefit of section 2001, above quoted, is shown by the question of U. S. Consul Brooks: “Suppose the British Government were to permit your release from prison upon condition of your immediate return to the United States, would you accept such terms?”

This question presupposed belief of his innocence of the alleged crime of attempted murder by the British Government, and his honor and the honor of our country demanded his trial.

Mr. O'Mahoney to Mr. Lowell.

"LIMERICK PRISON, July 21, 1881. "DEAR SIR: I quite agree with you when you state that an American citizen should not be exempt from the penalties of a law which he violates, and that it would be necessary to show that some injustice had been practiced before your intervention, and I respectfully submit the following facts for your kind consideration:

"Ist. That I am arrested charged with a crime.

"2d. That I am detained in prison without a shadow of evidence against me.

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3d. That I am debarred of the right of proving my innocence in connection with the crime that I am suspected of. Therefore all the favors I ask (and I think I should claim it as right) from the United States Government, through you, is a trial, in order that I may show that there is exceptional injustice practiced in my case. Therefore I repectfully ask your intervention to grant me a trial, and by so doing I will not only be able to prove myself innocent of the charge that I am accused of, but of any other crime punishable by law, except being a member of the Land League, an organization which the Prime Minister himself declared to be perfectly constitutional. "An early reply will oblige yours, respectfully,

"HENRY O'MAHONEY.

"P.S.-Kindly let me know if you can demand an impartial trial for me; if not I I shall ask for no other favors.

"H. O'M."

Case of McSweeney.

Daniel McSweeney, an American citizen, for twenty years a resident of San Francisco, Cal., was dragged, ill in health, from the bosom of his family on June 2, 1881, and lodged in Dundalk Jail.

Mr. McSweeney to Mr. Lowell.

"DUNDALK JAIL, June 7, 1881. "SIR: I am an American citizen, having resided twenty-five years in the United States, twenty of which I spent in San Francisco, Cal. During that time I never was either charged, accused, or even suspected of any crime, nor in fact never was accused of any crime in my life, until on the 2d of the present month my house was surrounded by an armed force and I was forcibly dragged from the bosom of my family and lodged in jail.

"The charge against me now is, inciting persons to unlawfully assemble and commit riot and assault. Now, there was no unlawful assembly, no riot or assault committed in the district from which I was arrested, neither was there any incitement to commit such. The government kindly furnished me with a shorthand reporter who carefully took down every word I said in the English or Irish language, and I challenge him, or the government, or all the landlords in Ireland, to prove that I uttered one word which could by any possibility be construed to mean incitement to crime. On the contrary, from every platform I advised the people to commit no crime, to violate no law, but to carefully work within the lines of the constitution.

"Now, sir, I want a fair trial; if I am innocent, I want, as an American, to be released; I want to know if my naturalization papers are worth preserving; whether, when an American leaves home his mouth must be sealed, though slavery in its worst form should exist in every country through which he may travel.

"Yours, respectfully,

"DANIEL SWEENEY."

Again, in utter disregard of sections 2000 and 2001 R. S., Mr. Lowell evades the request for a fair and speedy trial thus:

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"SIR: I have to acknowledge the reception of your letter of the 17th instant. "I have not thought it proper to make any application for your release from prison for the following reasons:

"The coercion act, however exceptional and arbitrary, and contrary to the spirit and fundamental principals of both English and American jurisprudence, is still the law of land, and controls all parties domiciled in the proclaimed districts of Ireland, whether they are British subjects or not. It would be manifestly futile to claim that naturalized citizens of the United States should be excepted from its operatien.

"The only case, in my opinion, in which I ought to intervene, would be where an American citizen who is in Ireland attending exclusively to his private business and taking no part whatever in public meetings or political discussions, should be arrested. Under such circumstances it would be proper to appeal to the courtesy of the government here on the ground of mistake or misapprehension, and ask for the release of the prisoner.

"I have communicated these views to the Department of State, and I have received, so far, no instructions in a contrary spirit.

"It does not appear to me that the reasons above given for intervention exist in your case so far as I understand it.

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The just, the patriotic indignation of an American citizen roused by this shameless epistle finds expression in the following words of McSweeney :

"Mr. Sweeney to Mr. Lowell.

"DUNDALK JAIL, September 27, 1881. "SIR A letter bearing your signature, dated from the Legation of the United States, London, of the 22d instant, is received by me in my prison cell in Dundalk. I

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