Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-12-02

the directions, Gov. Smith, in his message o.
Feb l. 1881, in compliance with such re
quest, says: IL herewith transmit copies OF
all the directions which have been given BY
the Executive in relation to the State House,
SC.
Gov. Smith. in his message to the Senate
and House of Representatives of Feb. =, 1882
after saying that the Secretary of State will
lay before them \ communication from the
Commissioner of Public Buildings. stating
the amount of expenditures, proceeds as fol
lows 'ln furnishing the house in 4 suitable
manner, it was found necessary to exceed the
appropriations made for that purpose. and
several additions and alterations not contem-
plated in the original plan have been made
by the Commissioner under the direction of
the Executive department"
On Feb. 18th, 1881, &c. 1900 an act was
approved. the object of which was as alleged
in the preamble, to make valid the alleged
unconstitutional acts of the Legislature and
the doings of the Executive department OF
1880.
BY 4. the doings of any officer deriving
his authority from the EIecutire Department
of that year shall not be set aside or held void
by reason of the unconstitutionalitv of the
doings and proceedings mentioned l.. the pre-
amble of the act.
BY s ), it was enacted that no marriage
solemnized by any person deriving his author
ity to solemnize from said Erecutire shall be
set aside made void BY reason of any de
fects in the proceedings aforesaid, that is the
Legislative and executive proceedings of the
preceding year.
BY the then existent law, persons appoint
ed to solemnize marriages were appointed
and commissioned by the Governor with ad-
vice Of Council-(since changed by c. 10, of
the Acts of 1876 as before stated
The words executive and executive de-
partment were used to mean Governor and
Council in carefully worded and important
act rendering valid all the acts of the Legisla-
tive and Executive departments.
BY resolve of March %, 1885, The Gov
ernor with the advice of the Council was
the State Prison to report the best system of
Prison discipline. The appointments were
made and in his message of Jan, 1886. Gov
ernor Dunlap says BY recurring to the
proceedings of the last Legislature you will
find that a Resolve was passed authorizing the
Governor with the advice of the Council. to
appoint Commissioners to report System of
Prison Discipline for the State, Sc. In con-
formity to the authority vested in the Execu-
tive, the trust was confided to William ID.
Williamson, Nathaniel Clark and 10 seph II.
Abbott" &c.
BY a resolve of March |, 1896. The Cover
nor by advice of the Council was authorized
to appoint an agent to superntend the erec-
tiOn of an Insane Hospital under the general
direction of the Governor with the advice of
Council. In his message of 1887. Governor
Dunlap says: 'In conformity to the author
g.. Al. Al.
confided to Ruel Williams. Esq, &C..
In all these cases the power was intrusted
to the Governor and Council, and not to the
Governor. The executive" was the Gov
ernor with the advice and consent of his
Council.
So Governor Kent, in his message of March
l2, 1885. uses the word Executive as cquiva-
lent to and meaning Governor and Council.
But it is unnecessary to give additional
illustrations of the use of the word Execu-
tive by all the different Governors who have
been called to administer the affairs of the
State.
The same word may have different mean
ings, and different words or forms of express
sion may be used to convey the same idea.
The various statutes in relation to officers
appointed by the Governor by the advice and
consent Of his Council, enacted in the early
days of the government, as well as since,
adopt different language to axpress one and
the same meaning. Thus, by C. l4s, of the
Acts of 1921. ''the Governor, with the advice
and consent of Council" was empowered to
appoint an Inspector General of beef and
pork ''to be by them removable at pleasure" :"
BY C. 175, they were authorized to appoint an
Indian Agent, ''during pleasure By C. III,
they were authorized to ''appoint and COM
remove ''at their discretion
BY c. 81. of the acts of 1920. they were
authorized to appoint reporter removable"
at the pleasure of the executive. 'The
Bank Examiner is appointed by the Governor
with advice of Council and holds bis office
by r. s.. C. ~. 81. ''sub]ect to removal at
any time by the appointing power"
Coroners by II. s., c. 80, 5 40, "hold their
Offices according to the provisions of the con-
stitution." BY r. s., c. 142. |, the Trus-
tees of the State Reform School are to be ap-
pointed by the Governor with the advice of
Council, ITO hold their offices during the pleas
ure of the Governor and Council" but not
more than four years under one appointment
In some instances the statute says nothing
in relation to removal. but that would not af
feet the right to remove.
Many OF these Offices were created at the
commencement Oh Tue State government
But notwithstanding this varying use Of Ian
guage, it was unquestionably the intention of
the Legislature to place the power Of removal
in the Governor by the advice and consent of
his Council. 1t was so understood by those
administering the government, when the Off
ces named and others with varying language
as to the removal, were created, for in all in
stances the commissions were issued and
sgned,-the respective officers being remov-
able at the pleasure Of the Governor and
Council.
In some instances, in the different revisions
of the statutes, the language as to the remov-
ais has been changed from one form to an
other. the different forms being regarded as
equivalent and identical in their meaning
the revisers not being authorized to change
the law.
BY C. 80. Of the Acts Of 1921, the Governor
and Council were authorized to appoint and
commission fish inspectors to hold Office
''during has pleasure" and the first commits
sion was issued ''during the pleasure of our
Governor" This, it is believed, is the only
case where an appointment BY the Governor
and Council was made removable by the
Governor.
By C. PSI Of the Acts Of 1924. it was enact
ed, That ALL civil officers, appointed and
commissioned by the Governor and Council,
or who shall be hereafter commissioned by
the Governor and Council, whose tenure OF
rfffca ia csh InI g. 4