Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-12-02
NO. 2S3.

riageS or to such are or may be commits
81, ned by the Goreraor before whom certain
judicial, executive and civil officers are re-
qulred by law to take and subscribe the oaths
OF afirmations required by the constitution"
The reporter is a civil officer appointed and
commissioned by the Governor and Council.
His 'tenure of office is not otherwise provid-
cd for or limited by the constitution" He 10
therefore by the express terms of the statute
To hold for four years, unless reappointed."
lie may by the prortso be removed, by 1.-THE
Governor with the advice Of the Council"
and not otherwise. The statute is general
and applies to ALL civil officers. The excep-
tions from this statute are specially named
1.-The cases provided for, and limited by the
constitution, ARE judges whose tenure was
during good behavior to the age of seventy
Justices of the Peace, and Notaries Public
for seven years if they long behave them
selves well. The act embraced within its
terms, the office of reporter. who originally
was removable at the pleasure of the exec
utive." II aifrms by necessary and inevita.
bic implication the correctness of the con-
struction first given as to the removability of
the reporter, for he is within the obvious
words of the act.
This act was passed in the administration
of Gov. Paris learned and able Judge and
al influential member OF the constitutional
convention. In the case of Fish Inspector
an officer appointed by the Governor with the
advice of the Council, to hold at the Gorera-
ors pleasure, the commission was changed,
and the appointee held his office for four
years, removable at the pleasure of the Gov
crnor by the advice and consent of the Coun-
ell.
This act with slight alterations by way of
condensation and not intended to effect any
change is found in X. s., c. =, Ss4. The
original enactment was passed for the pur-
pose of establishing uniformity in the dura-
tion of official lite. IL applies to all "whose
tenure of office is not otherwise provided for
by law or limited by the constitution. 1t ap-
plies to the Office of reporter equally as to
other offices. There is no statute taking this
Office from its operation. There is no reason
why there should be such a statute.
In all cases where the Governor appoints
with the advice and consent of the Council,
they remove. When the appointing power
is in the Governor alone. he may remove.
The contemporaneous construction given
to the statute adopted and uniformly fol-
lowed by the series of able and upright men.
who have administered the affairs of the State,
has been in accordance with law and with the
undoubted intention of the Legislature.
Neither negligence, ignorance nor imbecilty
Is to be imputed to them. Indeed, as is for
chilly remarked by Parker G. j., in Packard
v. Richardson, II Mass. l44, "a contenpora-
neous is generally the best construction ofa
statute. 1t gives the sense of community
of the terms made use of by a Legislature.
If there is ambiguity in the language, the
understanding and application of it, when the
statute first comes into operation, sanctioned
by long acquescence on the part of the Leg
islature is the strongest evidence that it has
been rightly explained in practice"
To the questions proposed-We answer
|. That the reporter does not hold his Of
flee at the will and pleasure of the Governor
alone, and is not removable by him.
2. That he is removable only by the Gov
ernor by and with the consent of the Council.
john APPLETON.
JoHN A. PETERS
w. G. BARRows.