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

and Council. The form then adopted has
been in use to the present time, in reference
to the tenure of the reporters Office, as well
as TO the other Offices, when in the statute
creating them. this language is used.
The statutes have been repeatedly revised.
and the same language used, and commissions
in the same form issued.
The contemporaneous meaning given to
the word Executive" has received the sane
ton of every succeeding administration.
The reporter be il observed, is removable
al the pleasure of the executive" that is by
the Governor with the advice and consent of
the Council, not by the Supreme executive
power or authority, as in the case when the
Governor as ''the supreme executive authori-
ty" of the State, issues as such. his warrant
under the great seal of the State" to the
Sheriff or his deputies, commanding him.
in the case Of one sentenced to death, TO
carry said sentence into execution. In such
case his action is without the advice or con-
sent of his Council. r. 5, c. 1856, SO. Nor
is the reporter made removable '.by the Gov
ernor" simply.
The executive power is clearly referred to,
ment.
Great Difference has been paid in all
cases to the action of the execu-
tive department, when its officers have been
called upon upon under the responsibilities
of their official oaths, to inaugurate a new
system and when il is to be presumed, they
have carefully and conscientiously weighed
all considerations, aud endeavored to keep
within the letter and the spirit of the consti-
tuition. Cooley on Constitutional Limita-
tions, 60.
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 commits
sion issued, when the language of the act
creating the tenure is like the one establish
ing the Office of reporter, has been issued
not merely without, but against law. But it
will be found on examination that the con-
struction given to the statute is recognized
by the constitution, by acts of the Legisla-
ture and in the messages of the different
Governors Of the State. Undoubtedly the
word may sometimes be used in a different
sense, but as Mr.. Story has well observed:
1T does not follow, either logically or gram
matically, that because a word is found in
one connection in the constitution with def
mite sense, therefore the same sense is to be
adopted in every other connection in which
it occurs" The same remark is equally ap-
plicable in the construction of a statute as of
the constitution.
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 in
dependent State, in part is embodied in the
constitution of this State.
BY Sc of this act ''the Executive authori-
ty" of each State was to appoint two Com
missioners in relation to the division of the
public lands, &C., 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, &c.
Executive" and Executive authority are
used as equivalent terms, and were under
stood as referring TO appointments by the
Governor of the respective States by the ad-
vice and consent of their respective Councils,
and the appointments were so made-so that
in each State, the terms executive" "or ex-
ecutive authority" 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. II, 1921.
SAYS the situation of the Judges of the Cir
cult Court of Common Pleas is not such at
this time as is contemplated by the constitu-
ton. 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 Governor and
Council and not during good behavior, as the
principles of the constitution require. Gov
ernor Paris. in his message Of Jan 5. 1922,
referring to this subject. saws "On examina-
tion, find that the law of Massachusetts,
establishing Circuit Court of Common Pleas
has not been revised and re-enacted here, and
on turning 10 the Council records, that the
Justices of that Court DO not hold their COM
e. a.. fst..
cept such only as have been appointed to fill
vacancies. OF course, this Court exists BY a
law of the parent State 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 dur
ing the pleasure of the Executive, instead of
geod behavior. as contemplated by the con-
stitution. 1t will be perceived that in these
communications the Governor and Council
were considered ''the executive"
By ch. 226, of the Acts of 1923, ''the Gov
ernor, with the advice of Council" was au-
thorized to appoint suitable person to sup
erintend the erection of the State Prison.
Gov. Paris, in his message of Jan. 10, 1924,
on this subject, says 1.-The ELecpfjre proceed
ed to the appointment of a suitable person to
superintepd the erection Of said prison." &C.
BY ch. 7s. of the resolves of 1924, the
amount OF nfteen hundred dollars was placed
at the disposal of the Governor with the advice
of Council for the education of the deaf and
dumb. Gov. Paris, in his message of Jan.
:, 1925, uses this language; 1.-The executive
have adopted such measures as seemed most
likely to comport with the views of the Leg
islstnre and to secure the accomplishment Of
the object"-that is the education of the deaf
and dumb
Bv the resolve of Feb. 2. 1928, the Cover
nor with the advice of Council was author
lied and requested to appoint during pleasure
ia 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 accom-
mediation of the Executive and Legislative
departments to be laid before the Governor
and Council for their approval, subject to
changes, notifications and alterations to be
suggested and approved by them.
Hon. William King was appointed the Com
missioner Of Public Buildings under this re-
solve, and in answer to q request by Cover
nor Lincoln, he writes, Jan. %. 1929, "Hav-
ing been requested to present to the Execu-
tive 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 a. far as CON-
pleted-directing his communication to the
Governor and Councils the Executive to
whom his plans and estimates were to be