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CHAP. 205

port into this state or from place to place therein contrary to law, any intoxicating liquor in any automobile, truck, wagon, boat, vessel or vehicle of any kind, not a common carrier, without the consent in writing to such transportation signed by the owner thereof and also by the mortgagee thereof and also by all parties to any agreement by which said automobile, truck, wagon, boat, vessel or vehicle is to remain the property of the seller until paid for, whether said agreement is or is called a note, lease, conditional sale, purchase on instalments or by any other name or in whatever form it may be, and also by all other persons who have any right, title and interest in such automobile, truck, wagon, boat, vessel or vehicle, shall be fined not less than five hundred dollars, nor more than one thousand dollars and costs, and in addition thereto shall be imprisoned not less than six months, nor more than two years, and in default of payment of fine and costs, shall be imprisoned six months additional, and such sentence shall be additional to any other sentence imposed for any other offense committed by such person.'

Approved April 5, 1923.

Chapter 205.

An Act to Constitute the State Superintendent of Schools a Member, Ex-officio, of the Board of Trustees of the University of Maine.

Be it enacted by the People of the State of Maine, as follows:

State superintendent of public schools ex-officio member of board of trustees of University of Maine. As the state is providing large appropriations for the support of the University of Maine, the state should have a more direct connection with its affairs both financial and educational, therefore, it is provided that the state superintendent of public schools shall be ex-officio a member of the board of trustees of the University of Maine with all of the powers and privileges of members and that his membership on said board shall be coetaneous with his term of office as state superintendent of public schools.

Approved April 4, 1923.

Chapter 206.

An Act to Amend Section Twenty-two of Chapter One Hundred Twenty-seven of the Revised Statutes, as Amended by Chapter Two Hundred Ninety-one of the Public Laws of Nineteen Hundred and Seventeen, Relating to the Sale of Intoxicating Liquor.

Be it enacted by the People of the State of Maine, as follows:

R. S., c. 127, sec. 22; P. L., 1917, c. 291; providing penalties for selling intoxicating liquors in violation of law, amended. Section twenty-two of

CHAP. 207

chapter one hundred twenty-seven of the revised statutes, as amended by chapter two hundred ninety-one of the public laws of nineteen hundred and seventeen, is hereby amended, by adding between the word "state" and "in violation" in the second line of said section the words: 'or who shall knowingly sell any flavoring, extract or syrup for intoxicating beverage purposes, or who shall sell any of the same under circumstances from which the seller might reasonably adduce the intention of the purchaser to be to use them for such purposes,' and said section is further amended, by striking out the remainder of said section after the word "additional" in the tenth line and inserting in place thereof the following: 'Any person who aids in the sale of intoxicating liquor, by acting as agent, broker, clerk, employee, servant or otherwise, either for the seller or buyer, or in any manner aids or assists in violating any provision of law relating to intoxicating liquors, is equally guilty with the principal and shall suffer like penalties,' so that said section, as amended, shall read as follows:

'Sec. 22. Selling of flavoring extracts and syrups for intoxicating beverage purposes, included; agent, broker, clerk, etc., of seller or buyer made equally guilty. Whoever by himself, clerk, servant or agent, sells any intoxicating liquors in this state, or who shall knowingly sell any extract or syrup for intoxicating beverage purposes, or who shall sell any of the same, under circumstances from which the seller might reasonably adduce the intention of the purchaser to be to use them for such purposes, in violation of law, shall be punished by a fine of not less than one hundred nor more than five hundred dollars and costs and in addition thereto be imprisoned for not less than two nor more than six months, and in default of payment of said fine and costs he shall be imprisoned not less than two nor more than six months additional, and on each subsequent conviction he shall be punished by a fine of five hundred dollars and costs and in addition thereto be imprisoned six months, and in default of payment of said fine and costs he shall be imprisoned six months additional. Any person who aids in the sale of intoxicating liquor, by acting as agent, broker, clerk, employee, servant or otherwise, or in any manner aids or assists in violating any provision of law relating to intoxicating liquors, is equally guilty with the principal and shall suffer like penalties.'

Approved April 5, 1923.

Chapter 207.

An Act to Amend Section Seven of Chapter Two Hundred and Ninety-three, of the Public Laws of Nineteen Hundred and Seventeen, Relating to the Director of the Sea and Shore Fisheries.

Be it enacted by the People of the State of Maine, as follows:

P. L., 1917, c. 293, sec. 7; relating to director of sea and shore fisheries,

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compensation, powers and duties, amended. Section seven of chapter two hundred ninety-three of the public laws of nineteen hundred seventeen, is hereby amended by adding after the word "duties," in the sixth line of said section, the following words, ‘and may employ, subject to the approval of the commission, one or more clerks and may also incur a reasonable expense for traveling expenses, office rent, postage, printing, stationery, telephone and express,' so that said section, as amended, shall read as follows:

'Sec. 7. Director authorized to employ clerks and incur certain reasonable expenses, subject to approval of commission. The commission. shall appoint a director of sea and shore fisheries (and the first director appointed shall be the present commissioner of sea and shore fisheries) who may be removed by them at their pleasure; he shall receive the sum of two thousand dollars per year; he shall also receive his actual expenses incurred in the performance of his official duties, and may employ, subject to the approval of the commission, one or more clerks and may also incur a reasonable expense for traveling expenses, office rent, postage, printing, stationery, telephone and express. He shall have and exercise personal supervision of the work of the department and of the enforcement of the laws relating to sea and shore fisheries by the wardens and shall himself possess all the powers of a warden. He shall make a detailed biennial report in the month of December, showing the amount of capital invested in, number of persons employed in, value of products of, and any other information that he may be able to obtain relating to the sea and shore fisheries. He shall keep a record of all prosecutions for violations of the laws relating to the sea and shore fisheries, the names of persons or firms prosecuted, the fines imposed and collected in each case and the final disposition of the same, and submit the same in his report, which shall be made to the commission and by them transmitted to the governor and council, with such additional statement as they may see fit to make. All powers and duties conferred and imposed upon the commissioner of sea and shore fisheries by the provisions of chapter forty-five of the revised statutes except as herein otherwise provided, are hereby conferred and imposed upon and shall be exercised and performed by the director of seal and shore fisheries and except as herein otherwise provided, wherever in said chapter the word "commissioner" or the term "commissioner of sea and shore fisheries" occurs, the same shall be deemed to be stricken out and the term 'director of sea and shore fisheries' inserted in lieu thereof.'

Approved April 5, 1923.

CHAP. 208

Chapter 208.

An Act to Amend Chapter Six of the Revised Statutes of Nineteen Hundred and Sixteen and Amendments Thereto, Relating to Primary and Caucus Law.

Be it enacted by the People of the State of Maine, as follows:

Sec. 1. R. S., c. 6, sec. 48; relating to political caucus law, amended. Section forty-eight of chapter six of the revised statutes is hereby amended, by omitting from the third line thereof the words "nor to cities of more than thirty-five thousand inhabitants," so that said section, as amended, shall read as follows:

'Sec. 48. Provisions apply to cities of more than 35,000 unless regulated by special law. The provisions of the eleven preceding sections shall not apply to towns of less than two thousand inhabitants, nor to cities wherein the calling and holding of caucuses is regulated by special law until such special law is repealed.'

Sec. 2. R. S., c. 6, sec. 50, 51 and 52; repealed. Sections fifty, fifty-one and fifty-two of chapter six of the revised statutes are hereby repealed.

Sec. 3. General law relating to political caucuses made applicable to cities of over 35,000; exceptions; caucuses to be held 2d Wednesday of November; preparation of ballots; enrollment, how accomplished. Chapter six of the revised statutes is hereby amended by adding thereto a new section as follows:

'Caucuses and meetings of political parties in cities of over thirty-five thousand held for the purpose of naming candidates or choosing delegates to assemble in convention to nominate any person to any public office, for whose election the charter of any such city provides, and whose name shall be placed on the final ballot, shall be held as now or hereafter prescribed by the statutes of the state of Maine, relating to political party caucuses, except as hereinafter provided.

'Only those voters enrolled as qualified to vote in such caucuses, as hereinafter provided, shall participate therein; the caucuses of all political parties, entitled by law to nominate candidates to be voted upon at the next succeeding municipal election, shall be held in the several wards of said. city on the second Wednesday of November, in each year, on which day the polls will be opened at three o'clock in the afternoon and continue open until nine o'clock in the afternoon, when they shall close. Said caucuses shall be conducted by the same officers as elected at the preceding municipal election to have charge of such municipal elections, or their successors in office. No person shall vote at any such caucus unless a legally qualified voter in the ward where any such caucus is held, nor

CHAP. 208

unless enrolled as qualified to vote in a particular political party, then entitled to hold such caucus.

'The city clerk of said city shall, in season for such caucuses, prepare suitable ballots containing the names of all persons to be nominated at such caucus and of a distinguishing color for each political party. Every person legally qualified to vote in such caucuses shall receive, upon application, at such caucuses, to the proper election officer, a ballot marked and designated by such distinguishing color as the ballot of that political party in which he is then enrolled and shall not be entitled to receive, nor shall such election officer deliver to him, any other ballot.

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'Every legally qualified voter of said city shall continue to be enrolled as a voter in the political party in which he is now enrolled, and when so enrolled, shall not be entitled to change such enrollment for the purposes of any of said caucuses within six months next prior to the date of the holding of such caucus. Any voter not previously enrolled may enroll himself before the board of registration at any time up to within thirty days of the date of said caucus or during said caucus by subscribing and making oath to the following statement before the chairman of the caucus : "I. do solemnly swear that I am a qualified voter in this city and ward, and have the legal right to vote in the caucus of the party. I am a member of that political party and intend to vote for its candidates at the election next ensuing. I have not taken part or voted at the caucus of any other political party in the six months last past," and upon such enrollment shall be permitted to vote. The warden shall indorse on every such enrollment blank, whether the person subscribing and swearing to the same voted at said caucus and shall return the same at the close of said caucus to the board of registration and said board of registration shall thereupon enroll said voter in the enrollment list of the party designated by him. Said enrollment blank and the statement thereon shall be preserved as a public record and shall be prima facie evidence in any court that said person took said oath and voted in said caucus. The warden may appoint and swear to the faithful performance of their duties such number of enrollment clerks to assist him as may be required, who shall have power to take the oath required of any person so enrolling at said caucus. All enrollment blanks shall contain the form of statement and oath hereinbefore described but shall otherwise be in such form as the city clerk shall prescribe. The board of registration shall make up and certify, in season for such caucuses, true and correct lists of all the persons legally entitled to vote in said city, after the same have been corrected, in accordance with the last registration of voters therein, and shall indicate on such lists of voters the political party, if any, in which each of said voters is enrolled; said lists, as so prepared by

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