Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-03-20

COMMONWEALTH or MassACHUsETrs.
EXECUTIVE DEPARTMENT, Council CHAMBER,
30 ,Tos, eiarcA I9, 1888.

}
! To the House Of Representatives.
An address of both Houses of the LegisIa
ture was presented to me yesterday, by
( committee appointed for that purpose. re.
I questing the removal of Edward Greely
Loung, from the office of Judge Of Probate
/ for the County OF Suffolk. The reason which
moved the Legislature to this request was not
! stated in the address. The power given to
/ the executive department. of the Government,
upon address of both Houses Of the Legisla-
ture, for the removal Of notaries public, officers
I commissioned to commend in the Militia, ana
/ all judicial officers, is d power given without
/ qualification, and its exercise is entrusted
I solely to the discretion of the Legislative and
! Executive branches Of the government.
But inasmach as other constitutional modes
OF procedure have been established to which
recourse may be had in eases OF misconduct
or mai administration in Office aud which
admit Of more extended opportunities Of jus.
LITIGATION or defence am led to the conclu-
sion that the Legislature has had regard in this
case to the mcompatibilty Of the offices held
by the Judge OF Probate for the County of
Suffolk, whose removal from office is request
ed. The expectancy Of providing by consti-
tutional and legislative enactments, that GER
tain offices Of State governments are iucom-
patble with other and similar offices under
the government Of the United States is main
tanned by the example Of our own, as it is by
/ that Of other State governments.
i = Al act of the Legislature of this Common
/ wealth, passed on the 2lst day OF May 1885,
/ establishes and declares that certain offices
/ under the government OF the United States
/ are incompatible with offices OF honor, emolu-
ment, and trust in this Common wealth I'm
/ der that act, and especially under the 18th
section of the act, it must be conceded that
the office of Judge of Probate IS incompatible,
except for limited term, with the office OF
I. ). Commissioner, under the acts OF Con-
gress prospecting fugitives from Justice and
persona escaping from the service Of their
masters. 1t is not material that the incom.
| patibAity OF offices may have been declared
subsequent to the creation Of the court or the
appointment Of the incumbent officer. 1t is
well established by legislati e precedents IL at
court which is created by legislative au-
thority may be changed at the will Of the
legislatures both as regards its Jurisdiction and
its officers.
So far as the statute Of 1865, ch 489, affects
the Judge who is made the subject Of the ad
dress, it is simply to declare that a judicial
officer OF this Commonwealth shall not hold,
at the same tins, the Office of United States
Commissioner, which has been held by the
courts OF this State and Of the United States,
to be in the nature Of judicial office, en-
terrain no doubt Of the power of the Legisla-
ture to establish this incompaubility Of public
employments and to this extent, at least,
consider its exercise eminently wise and Just.
| 1t Is neither for the interest of the people OF
| the United States nor Of this Commonwealth,
4 that the same persons should be invested at
the same time with judicial authority under
| the federal and State governments.
This principle of incompatibility OF offices
| is fully recognized in the constitution and in
| the legislative acts Of the Common wealth. and
! having been embodied in the act Of 1860, to
which l have referred, the people of the State
| have thought it proper that it should be OBJ
served. The Judge Of Probate for the county
! of Suffolk, entertaining different view of his
rights and duties to the government and peo-
| pie, has neglected to comply with the pIovis-
ions OF the statute. Different Legislatures have,
by address to the executive branch Of the gov
eminent, requested his removal from an of.
flee which he thus held in cont-avention of
law; and, without signal effort ior its modlhca-
ton or repeal, as often as the Legislature has
requested his removal, he has re asserted his
purpose and position, conscentiously, l have
no doubt, and firmly, in language which [
cannot interpret otherwise than manifesting
fixed resolution to disregard and in effect to
nulliy statute provision Of the Common
wealth.
Tor +bis rooso, ct, r, -.
enreri,, in+o o5l Re ~ u i'I'
ion "a NV 81 a, ,i. - 'i.e
ment in the judgment | have formed-upon
address of both houses of the Legislature
constitutionally presented, and with consent
- 80 nave Is ca "a ware gree
bate for the county Of SufT0lk
- at'9'i'lol ."'iHs oeeh mus caiieu oy
M TEE ~ ~ ~ ,sa'''se q 1iig lst 81
49, iooo' ~ "nien l nave REFERRED shoutu
-aa - -! 10y uiu nor iequ 1he recon
~ Sun u 10 piosls'ons "l'h
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"i' Tl'.n-
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,isl''o % e1c'telpenO ueNlFo lor 'ne pfotee-
~ % Peioonal l'9nts may AnclVe Us W ioI-
81 at,; anu even u'sfegatu oi o'her rlBh's
a'u '1e olate. ne Juusine"' VI
80, nan i1uS1 piuPei nm tneoret,cHIls' az
80, ieuee tiie supelloic0y VI PoI
800 ts','u'ioHS, "h'ch sp'lus Iloln anu
'.ie people over every otier iorun o.
so' e,; pu' i Is qulte possloie lhaL III
piaS'1 ~, oots.us.e'e men may DC IeG 70 uis-
;1ste ,uia'e suecese' anu u'soteEi' ''!e
1870 $3.50 =. ouoH 20 because ol 'neit
;,alt. ',tt'goJ " 'iae UIsieSoI u equal'y
r. ~ "iiioielt oia5ses ~ iile"
-" 'sosu.e ii'ol 10 Piolesseuiy Iia'neu -
sSa,'15 ~ stlV t'sH.s % persons esPecIa1 oale
s i,i u 'aNen 1uat no limitations OF power
o"ou.u ~ permanently eStaohshea that are
NV eSsSr'i7i y me great purpose OF the acV