Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-16
legislative Oaths.

By article =, sectIOn /, Oh tIr coHstibo-
ton, the qualifying oaths Of senators and
representatives, to the legislature are to be
taken and subscribed before the Governor
and Council. But when there IS no Gov
ernor and Council, what shall members OF
the legislature do? Mast the legislative
department Of the government cease
because the executive department has
cea-ed2 and how can the executive
department he brought into existence
again without first having Legislative de-
partmento If the executive department
fails at the beginning Of the year, there
can i've no election Of Governor by the
people till another year. and there can be
no election Of council till the legislature
il legally sworn in and organized. And
If An election for Governor has been had
and there wa. no choice by the people, no
Governor could be elected by the legisla-
turc till the members Were sworn IN aud
organized. Nor could any president Of the
senate be elected till the senators-elect
we're duly qualified and organized into
Senate. If, therefore, there Is no other
party before whom legislators can take and
mem must cease entirely. No Governor
or Council or other State officials could be
elected. no laws could be enacted, and no
tax could be levied or collected. Tni,
state Of things is not to be contemplated
for moment. From The necessity " the
case, that the State government may not
perish. but survive, some other mode or
way of taking and subscribing the oath,
Of legislators must be found and adopted,
and pronounced To be sufficient.
The constitution in the same article pro-
yides that all other officers, except the
Governor and Council and senators and
representatives. may take and subscribe
the oaths of office ..bttore SHch persons rs
ShaH he J,resc,ibcd By The hgisiature.' In
pursuance with this provision of the con
-tiuton. the le i,lature at it, first session,
statutes of 1921, chap. lOi. passed an act
similar to and of the same import a the
one now Incorporated into the revised
statutes. chap. :. sections ~ and Sc.
/ Section 81 provides that 1.-THE Governor,
with advice of council, may appoint in
each county persons before whom the
oaths required by the constitution to quail
/ ity civil officers may be taken and sub
! -cribed" Under this statute u class of
/ persons generally called "Dedimus jus
/ tees have been appointed ever since the
organization of the State.
Section 81 enumcrates the Justices OF
the Supreme Judicial Court. Attorney
General, Secretary. Treasurer. Adiutant
General. and Quartermaster General. are
to take and subscribe the oaths before the
/ Governor and Council if in session. OF be
fore two Councillors in the recess land
EVERY OTHER person elected or appointed
to any civil Office shall take and subscribe
the oath before any one member of the
Council. or before any magistrate com
miSsioued by the Governor for that pur-
/ pose. excepting in cases where the con>tl-
tuition otherwise provides"
/ II there is no Governor and Council to
qualify members of the legislature. then
there is a CASE where the constitution does
not otherwise provide" and so these
members may be qualified by DedimuS
Justice by the terms of the law
/ II must be remembered that these oath>
| Council or bctorc the Dedimus Justice.
/ that Is. in the presence of these parties
/ The form of the oath would be lust the
same If 1t was not taken in the presence
{ of any one for the oath is in the first per
son. II. \. b.. do swear" etc. and
the member might Just As we'll read the
oath himself as to have the Governor or
magistrate repeat it to him. 1t was in
tended to be and is to all intent> and pur-
poses solemn pledge and oath from the
member taking it To his God that he will
support the constitution of the United
States and of this State. and faithfully dis
charge the duties of his office ACCORDING
to the constitution and laws of the State.
And such an oath is just As binding on the
conscience Of the member when taken
alone. rs when taken in the presence of
others. when taken in the presence of a
Dedimus Justice. or in the presence of the
Governor and Council.