Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1874-01-13
NUMBER 50.

the magnificent domain when tue olate
possessed half century since, has dis
appeared, yet much may be done to re-
medy evils that arise from the locking
mn OF large tracts OF settling lands
which would otherwise be improved.
Decisions favorable to the State have
been had in two of the cases where tne
European and North American Railroad
made certain claims on the State Dut the
the most important case, involving q
claim on their part OF that corporation 10
nearly all the remaing lands held by tne
State, although argued last July. Is stiii
held by the court Tor adyisement. Your al
tention is called to several important re.
concentrations made by the Land Agent,
and particularly to The importance oi
taking measures 10 "quiet certain
claims of settlers which arose from the
settlement OF our northeastern boundary.
SWEDISH IMMIGRATION.
The report OF the Commissioner oil I'm.
migration presents a detailed account OF
the inception and progress OF The enter
prise OF founding y Swedish colony III
Aroostook and announces that IN sep
tember last all State aid to the S"cde,
ceased. aud that the colony of 600 persons
is now self sustaining The colony owes
the State balance OF SIG ,292.lb, on
supplies. advanced to them, which Is 10
be- paid IN work on highways Is wanted.
There are at present no American cill2ens
and consequently no municipal orsani-
cation in New Sweden. aed can be none
for two years, at the expiration OF which
time hundred and thirty. three Swedes
who have already taken the necessary
preliminary steps, will become American
citizens. The Commissioners Is confident
that the colony will not only prosper, but
also that il will attract still larger I'M
migration from Sweden; and the results
fully Justify the State expenditures now
closed. lie recommends that the care OF
tic public property in New Sweden, as
well as OF road labor due the State, be
transferred to the Land Agent; and that
the act establishing the Office OF Com.
missioner OF Immigration be repealed.
THE FISHERY COMMISSION.
The annual report of the Commissions
ers OF Fisheries gives an Interesting ac'
count OF the progress OF their WORK, III
connection with that OF United States
Commissioner Baird. in introducing and
disseminating valuable species OF fish lDto
the streams and lakes ot this State. The
experiment ofre stocking our fresh waters
with shad and alewiyes, has so tar pro-
gressed, and the difficulties in the way
have been 80 far obyialed 10y the cOnstruc-
lion of f.h ways over dams and Tho
removal of other obstacles, That thc
Commissioners speak With entire comb
dence OF tae complete success OF thiS
important movement TO restore 10 our
lakes and streams their former abundance
OF TODD fishes. In very short time now
the practical results OF these efforts Will
be ratent to all, and if these shall como
near the confident expectations oil those
who have the best means OF information
on this subject, we may regard The small
investment of the State in this direction
AS peculiarly fortunate and wise Tho
Recommendation of the Commissioners
should receive the attention they so well
deserve.
THE LAW DEPARTMENT.
The report OF the Attorney General
gives a detailed statement OF the extent
of the labors OF this officer, as well rs OF
the several County Attorneys. IN entorc'
inc the laws of the St1te against crime.
The suggestions contained in his report
should receive due consideration.
rAE LAWS To PUNISH MURDER.
In view OF criticisms which have found
EXPRESSION. not only in public journals.
but even in courts OF justice, should lail
to discharge the duty imposed upon me,
il | did not direct your attention 10 the
anomalous prov siens OF our statutes Tor
the punishment OF the crime ot murder
in the first degree, since the legislation OF
1869. In cOntlayenilOn Ot well seltled
principles Of government. this statute
tails to preserve the wise distribution oil
powers contemplated by the trainers OF
the constitution, in that it imposes upon
the executive department the duties and
responsibilities ot court oil reyiew-a
function clearly Judicial rather than ex'
ecutiye.
By this statute il Is made the impera-
tive duty OF the governor and counclluo
carefully review the evidence ana pro-
ceedings in every case; aud lhen 10 de-
eide whether the sentence OF the court
imposing The punishment provided by
law, shall stand, or another penalty te
substituted. Practically, the determlna-
in which each member is law unto
himsell,-is controlled by majority ot
the council; Tor sense OF the impropri'
ETY. OF one and the same person acting
both rs Judge and eXecutioner, mas IN
every ca.e that has arisen under The law,
restrained the executive from assuming
rhe grave responsibility of over riding
the action OF the counciI when that body
has voted in favor of commutatlon.
When the council have voted otherwise.
ne they have done in only single case
| since the enactment OF the stat2le ol 1909,
the executive has issued bis warrant as
then clearly required by law.
Il will be observed that the statute re-
0uirement to which Your attention IS
called. is additional TO, and even consist
ent with the design of the pardoning
power conferred upon the executive by
The constitution. The latter is constiIu.
tional prerogaliye, designed not as an
ordinary provision for revising The pro-
ceedings oi the courts, but simply AS an
exceptional resort in ordinary cases, over
which il was intended that neither the
! legislative ; or judicial department which
! should have control. aud for the exercise
| of which the executive department should
be solely responsible. But the former is
statute duty imposed upon the execu.
tive department, requiring review" OF
every case. and almost inviting the ex.
ercise OF the pardoning power as il the
legislature contemplated that modlfica.
ton of sentence should be the rule in.
stead of the exception A. the constitu-
ton makes ample provision for any
exigencies demanding the intervention OF
the hardening power. it seems TO me