State v. Bass

Decision Date27 April 1903
Citation54 A. 1113,97 Me. 484
PartiesSTATE v. BASS.
CourtMaine Supreme Court

(Official.)

Agreed Statement from Supreme Judicial Court, York County.

Complaint against Joseph P. Bass for the violation of the liquor law. Submitted on agreed statement. Complaint and warrant dismissed.

This was a complaint under Pub. Laws 1885, p. 311, c. 366, § 8, and originated before the Sanford municipal court, York county. The statute is as follows:

"Sec. 8. Whoever advertises or gives notice of the sale or keeping for sale of intoxicating liquors, or knowingly publishes any newspaper in which such notices are given, shall be fined for such offense the sum of twenty dollars and costs, to be recovered by complaint. One-half of said fine to complainant and other one-half to the town in which said notice is published."

On being arraigned, the respondent seasonably filed before said court two motions to dismiss the proceedings; the first to the jurisdiction of the court, and the second because no offense was alleged in the complaint on which the warrant in said case was issued.

Both these motions were denied by the court, and the respondent then entered a plea of not guilty.

The state then introduced its evidence, but the respondent offered none. Thereupon the court adjudged the respondent guilty, and imposed a fine of $20 and costs, from which judgment an appeal was taken to this court sitting at nisi prius.

It was agreed that the respondent was, on the 14th day of January, A. D. 1902, and from that time up to and including the 26th day of April, A. D. 1902, the sole owner of a plant consisting of printing presses, boiler, engine, linotype machines, cases, type material, and printing appliances, etc., located on Slain street, in Bangor, Penobscot county, state of Maine, and all in a building there situate, owned by the respondent; that said plant was from said 14th day of January, A. D. 1902, to and including said 26th day of April, A. D. 1902, used by the respondent in printing and getting out the Bangor Daily Commercial and Weekly Commercial; that all of the offices of each of said papers were, on and including the afore days, in said building; that the composition of the matter, the setting of the type, the preparations of the forms for presswork, and the presswork itself, is all done exclusively in said building, with the material and appliances owned and kept there by the respondent; that said Bangor Daily Commercial is first issued from its office in said Bangor, entered at the post office there as second-class mail matter, and sent out thence to the different towns and cities, to its subscribers, of which the complainant in this case was one; that the paper mentioned in said complaint was in the usual course of business printed in said office, entered at the post office in said Bangor as second-class mail matter, and in due course of mail was sent to and received by said complainant at said Sanford, in said York county, as a regular subscriber to said paper, in the same manner as with all out of town subscribers.

By agreement of the parties the case was reported to the law court, for that court to decide:

First. Whether the alleged offense set out in the complaint and warrant, under the foregoing facts and circumstances, was within the jurisdiction of the Sanford municipal court.

Second. Whether the complaint and warrant in the aforesaid case were sufficient, and whether the offense referred to in the statute is sufficiently set out therein.

If the court should decide both questions in favor of the state, judgment shall be final, and the judgment of the lower court to be affirmed with costs; otherwise judgment shall be for the respondent.

Argued before WISWELL, C. J., and EMERY, WHITEHOUSE, SAVAGE, PEABODY, and SPEAR, JJ.

W. S. Mathews, Co. Atty., for the State.

F. H. Appleton, H. R. Chaplin, and Edwin Stone, for defendant.

WISWELL, C. J. A complaint was made to the Sanford municipal court against the respondent for publishing a newspaper in which were notices "of the sale or keeping for sale of intoxicating liquors," which is made an offense by section 8, c. 366, p. 311, Pub. ...

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18 cases
  • State v. Levand
    • United States
    • Wyoming Supreme Court
    • December 19, 1927
    ...123 N.Y.S. 966. The paper was published at Casper in Natrona County and put in circulation there; Brian v. Harper, 80 So. 885; State v. Bass, 54 A. 1113. There was but publication and that was in Natrona County where defendants resided. BLUME, Chief Justice. POTTER, J., and KIMBALL, J., con......
  • Hunterdon County Democrat, Inc. v. Recorder Pub. Co. of Bernardsville
    • United States
    • New Jersey Superior Court
    • December 10, 1971
    ...v. Carson, 169 Cal. 640, 147 P. 562 (Cal.Sup.Ct.1915); Ricketts v. Village of Hyde Park, 85 Ill. 110 (Sup.Ct.1877); State v. Bass, 97 Me. 484, 54 A. 1113 (Sup.Jud.Ct.1903); Amos Brown's Estate, Inc. v. City of West Seattle, 43 Wash. 26, 85 P. 854 (Sup.Ct.1906). But see Carter v. Land, 174 G......
  • State v. Moore
    • United States
    • Louisiana Supreme Court
    • October 30, 1916
    ... ... that what was done by Daniel D. Moore, constituting a ... complete offense in the city of New Orleans, was committed in ... the parish of East Feliciana ... The ... prosecuting attorneys also quote from the case of State v ... Bass, decided by the Supreme Court of Maine, reported in 97 ... Me. 484, 54 A. 1113, the distinction between the meanings of ... the word 'publication,' when used in the technical ... sense of publishing a libel or slander or a will, and when ... used in the ordinary sense of publishing a newspaper, ... ...
  • Eberhardt v. Barker
    • United States
    • Florida Supreme Court
    • March 24, 1932
    ...1, 31 S.Ct. 212, 55 L.Ed. 65, 21 Ann. Cas. 942; State v. Moore, 140 La. 281, 72 So. 965; In re Dana (D. C.) 68 F. 886, 888; State v. Bass, 97 Me. 484, 54 A. 1113. Smith and Moore Cases are in point with the case at bar and treat the question of venue as to prosecutions for libel under const......
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