Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-06-27
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PuEcsf,Es ara Aufh4ity Of ~ ax-
ecutive-
TPprslsnd Prsss. Juns %
The waldo caszty psops vho ak he
0oyespor 70 remove the assofrsy from hat
cesEW sxs proceeding under the following
s1nsuse:
.Coensy sssornsys ahall cause to b. sum-
ucned proDpsly before The grand jury al
Witnesses whose nAmes have hesn furnished
thxn b. any sheriff o. his dspafiss. - pro-
vided ID The pascsding ssci0ns and ahall
faithfully direct inquiries before that body
into violations OF law, prosecute pefsons
indicted ard secure the prompt sentence Of
convicss. Whenever the Governor il, atttf
Investigation and hearing Of the paft;es,
satisfled that any county attorney has vii
fully refused or neglected to discharge the
dufies imposed upon HIN By this section. be
shsil remove him from once, and al his
place BY appointment
Il 10 perfectly clear that the Lsgislatufe
undertook to confer upon the Governor the
power Of removal Of crunty attorneys and
TO make it obligatory upon him 90 use it in
case the attorney was proved gully OF say
1 Of the defelicticns mentioned in the statute.
But il 10 grave question il the legislature
could confer the power which ii undertook
to. Section 4 Of Article X Of the Constitu-
ton Of Maine reads - follows;
Every person holding any civil office
under this State, mar be removed by
impeachment COR. miademeaDor in Office
and every person holding any cfics may be
removed BY the Governor, with the sdyic
of the Council. on address Of both branches
Of the Legislature"
Another section makes the tenure Of oil
Offices, not otherwise provided for, duc-
ing the pleasure Of the Governor and
Council, but this section obviously has &c
bearing on the case in hand, because the
tenure Of county attorney is fixed BY law.
The question 10, then, whether after the
constitution had provided specifically the
methods by which an officer with . fixed
tenure Of office should be removed, The
Legislature has the power to add another
method. By Impeachment and by address:
Of the Legislature are the only
methods Of removal recognized BY
the constitution. But the statute quote
above authoiiz . the Governor to remove
provided certain facts are provided to hil
| satisfaction and that Of his Council. Here
10 apparently an extension Of the conslitu
ton by statute, and ID this extension is To-
gal it is difficult to see why an extension il
some other direction would not be JUST al
legal. For instance, if it be legsl to ex,enS
the constitution SO IS to enable the Govern
or to remove county attorney on petition
of citizens and on proof Of certsir
facts, why would it not be just az legal t
au,horiz, him to remove county attorney
| or any other civil officer except sheriff
without any peti ion or without any proc
Of deIelie,ion Of duty, that is, q. his owl
| pleasure?
| No doubt the motive Underlying tie stat
Ute in question was a good one. But i
can easily be seen that the power con
ferred, or attempted to be confer.e d
would pot it in the power of an execu,iv,
with the support Of only an insight ,an
fraction Of the people to turn out the Law
officer chosen by the people and substiu.
persons of his own selection. 1t may b.
said that no executive would take uch
step except for the most weighty of res
soDs, but 1t is not ioconceivabie that tn
spirit Of partissnsblp might run so high 40,
become SO bitter as to cause an executive {
forget his obligations to the whole peopl
and follow simply the demands Of hi
own party. The makers of the ccns!i
tuition selected the methods OF removal o
public officers which wera the best, ar
wissst, and even If the Legislature had tn
power to add TO them we very much douo
il in the long run the extension would b
conducive to the public welfare.
From reports which have come to US W
are inclined to think that the people o
Waldo county have good ground for com
plaint sgainst their county attorney, an,
good resson for wanting change. Blu. tn
probability is that they will have to endur
him until tire Legislature meets. CT ney
| one 10 elected.