The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1881-12-02

out advice or consent of his Council. r.
S., C. 1876, 50. Nor is the reporter made
removable "by the Governor" simply.
The executive power is clearly referred
to, that is, the executive branch of the
government.
"Great Difference has been paid in all
| cases to the action of the executive depart
| ment, when its officers have been called
upon under the responsibilities of their Of
| fetal oaths, to iDaugurate new system,
and when it is to be presumed, they have
carefully and conscientiously weighed all
considerations, and endeavored to keep
within the letter and spirit Of the coDstitu-
| tion. Cooley on Constitutional Limita
| tions SO.
| 1t is implied in the claim to remove, that
| every preceding state administration has
| erred in the meaning to be attached to the
word "executive," and that every COM
mission issued, when the language of the
| act creating the tenure is like the one es-
| tablishng the Office of reporter, has been
| issued not merely without, but against
law. But it will be found on examination
| that the construction given to the statute
| is recognized by the constitution, by acts
| of the legislature and in the message of the
different Governors of the state.
Undoubtedly the word may sometimes be
used in different sense, but as Mr.. Story
has well observed: sit does not follow,
either logically or dramatically, that be-
cause a word is found in one connection in
the constitution with definite sense, there
fore the same sense is TO be adopted in
every other connection in which it occurs.o-
The same remark Is equally applicable in
| the construction of a statute as Of the con-
| stitutlon.
The act of Massachusetts of June 10Th,
| 1919, "relating to the separation of the Dis
| trict OF Maine from Massachusetts proper
and forming the same into a separate and
independent state" in part is embodied in
the constitution of this state.
ByS 6 of this act "the Executive author
ity" of each state was to appoint two COM
missioners in relation to the division of the
public lands, ETC., in Maine, and the four so
appointed shall appoint two men, and in
case of their disagreement, the Executive
of each state shall appoint one in addition.
etc. Executive" and executive author
ity" are used as equivalent terms, and
were understood as referring to appoint
ments BY the Governor of the respective
states by the advice and consent of their
respective Councils, and the appointments
were so made-so that in each state, the
terms Executive" or Executive authori-
ty," were by the respective governments OF
each state construed as meaning Governor
and Council. The right to remove as well
as to appoint was conferred by these
words.
GOV. King, in his message of Jan. IL,
1921, says the situation of the Judges OF
the Circuit Court of Common Pleas is not
such at this time as is contemplated by the
constitution. The Courts not having been
organized anew, the Judges continue to act
under their old commissions, and thus hold
their offices during the pleasure Of the Gov
ernor and Council and not during good be-
havior, as the principles of the constitution
require.
Governor Paris, in his message of Jan.
5, 1922, referring to this subject, says:
"On examination, 1 find that the law of
Massachusetts, establishing Circuit Court
of Common Pleas, has not been revised and
re-enacted here, and on turning to the
Council records, that the Justices OF that
Court do rot hold their commissions from
the Executive of this state, expect such
only as have been anpointee to fill vacan-
cies. Of course, this court exists by law
of the kparentsstate in force under the pro-
visions of the act of separation, and the
whole of its members in the first and third
circuits and one on the second, hold their
Offices during the pleasure of the Executive,
instead of good behavior, as contemplated
by the constitution" 1t will be perceived
that in these communications the Governor
and Council were considered 'the execu-
tive.'
By &c. 226, of the Acts of 1928, "the
Governor, with the advice of Council" was
authorized to appoint a suitable person to
superintend the erection of the state prison.
Gov. Paris, in his message of Jan. 10, 1924,
on this subject, says The Executive pro-
ceeded tothe appointment of a suitable per-
500 to superintend the erection of said
prison." &c.
By c. rs, of the resolves of 1924, the
amount of fifteen hundred dollars was plsc-
ed at the disposal of the Governor with the
advice of Council for the education of the
deaf aud dumb. Gov. Paris, in his mes
sage of Jan. Z, 1925, uses this language:
sThe executive have adopted such meas
ures as seemed most likely to comport with
the Legislature and to secure the aecomp-
lishment of the object" is, the educa-
tion of the deaf and dumb.
BY the resolve of Feb. 2, 1928, the Gov
ernor with advice of Council was author
ized and requested to appoint during pleas
ure "a Commissioner of Public Buildings"
with power to obtain plans and estimates
of the probable expense of preparing
grounds and finishing the public buildings
for the accommodation of the Executive
and Legislative departments to be laid be-
fore the Governor and Council for their
approval, subject to changes, notifications
and alterations to be suggested and ap-
pIOtCQ DJ tnCms
Hon. William King was appointed the
Commissioner of Public Buildings under
this resolve, and in answer to request by
Governor Lincoln, he writes, Jan. 20, 1929,
"Having been requested to present 10 the
Executive the plans for the erection of
building for the accommodation OF the
Legislative and Executive departments"
&C., he proceeds to give his estimates and
plans as far as completed-directing his
10. 80 aK.dE
cil-as the Executive to whom his plans
and estimates were to be presented.
1t is to be observed that the Commission
| was to act under the advice and direction
| of the Governor and Council. The House
| of Representatives having requested copy
| of the directions, Gov. Smith, in his mes
sage OF Feb. l, 1881, in compliance with
| such request, says: " herewith transmit
copies Of all the directions, which have
| been given by the Executive in relation to
| the State House," &c.
| Gov. Smith, is his message to the Senate
and House of Representatives of Feb. Z,
| 1882, after saying that the Secretary Of
| State will lay before them communisa-
tion from the Commissioner OF Public
| Buildings, stating the amount of expendi-
| lures, proceeds as follows: sin furnishing
| the house in suitable manner, it was found
necessary to exceed the appropriations
mau6 1Or tnaL purpose, anu SCfcIai auuA-
| tions and alterations not contemplated in
the original plan have been made by the
| Commissioner under the direction of the
| Executive department"
| On Feb. 17th, 1881, (c. 490) an act was
| approved, the object OF which was as alleg-
| ed in the preamble, to make valid the al
| legged unconstitutional acts of the Legisla-
ture and the doings of the Executive de-
| partment of 1880.
| BY 4, the doings of any officer deriving
his authority tfrom the ETecutiue depart
| naent of that year shall not be set aside or
held void by reason of the unconstitution-
ality of the doings and proceedings men
| toned in the preamble of the act.
| BY 5, ii was enacted that no marriage
solemnized by any person deriving his au-
| thority to solemnize from said EGecuttre
| shall be set aside or made void by reason of
any defects in the proceedings aforesaid,
that Is the Legislature and Executive pro-
ceedings of the preceding year.
| BY the then existent law, persons ap-
| pointed to solemnize marriages were ap-
| poiuted and commissioned by the Governor
with advice of Couneil-(since changed by
c. 110, of the acts of 1876 as before stated. J
The words executive and executive depart
| ment were used to mean Governor and Coun-
| Gil in carefully worded and important act
| rendering valid all the acts of the Legislative
and Executive departments.
i