The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-06-26

The treasury department is confronted
with the question whether professional prize
fighters are artists within the meaning of the
contract labor law. 1t arises from the bring
ing OF Slavin and Mitchell to this country to
engage in bruising contest. If they are
not artists they are here In violation of the
contract labor law, and can be turned back.
Webster's Dictionary defines an artist as
'one who processes and practices an art in
which science and taste preside over the
manual execution" 1t can hardly be con-
tended that prize fighting is an art according
to that definition, and therefore Slavin and
Mitchell are not artists. But Pope used the
word to designate a person who SHOWS
trained skill or rare taste in any manual art
or occupation" No doubt Slavin and Mitch
ell have trained skill in the manual occupa-
tion OF bruising one an0ther's countenances,
and perhaps If Pope's use of the word is re-
garded by the treasury department as cor
rect they can get in under the contract labor
law. The easel is one. however, where the
Secretary would seem to be amply justified
In restricting the meaning of the word to the
first definition given by Webster.
The Waldo county people who ask the
Governor to remove the attorney from that
county are proceeding under the following
statute:
County attorneys shall cause to be summoned
promptly before the grand jury all witnesses
whose names have been furnished them by any
sheriff or bis deputies as provided 10 the proceed.
before that body into violations of law prosecute
persons indicted and secure the prompt sentence
Of c1nvIcts Whenever the Governor is, after in
thatiany county attorney has wilfully refused or
neglected to discharge the duties imposed upon
MIN by this section, he shall remove him from
office, and fill his !place by appointment
1T is perfectly clear that the legislature
undertook to confer upon the Governor the
power Of removal of county attorneys and to
make it obligatory upon him to use it In case
the attorney was proved guilty of any Of the
derelicti0ns mentioned In the statute. But
1t Is grave question if the legislature could
confer the power which it undertook to.
Section Of Article X of the Constitution of
Maine reads as follows:
Every person holding ycivil office under this
state, may be removed by impeachment for mis-
d d'ne II Cfce and every person holding any
adylceof the Council, on address OF both branches
OF the legislature.
Another section makes the tenure of all
offices, net otherwise provided for, dur
Ing the pleasure of the Governor and
Council. but this section obviously has no
bearing on the case in hand, because the ten
ure of county attorney is fixed by law. The
question is, then, whether after the constitu-
tion 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 impeach-
ment and by address Of the legislature are
the only methods of removal recognized by
the constitution. But the statute quoted
above authorizes the Governor to remove pro.
vided certain facts are proved to his satisfac-
tion and that of his council. Here is appar-
emily an extension of the constitution by
statute, and If this extension is legal it is
difficult to see why an extension in some 9TH
er direction would not be just as legal. For
Instance, If 1t be legal to extend the constitu-
ton so as to enable the Governor to remove a
county attorney on petition of citizens and on
proof OF certain facts, why would it not be
just as legal to authorize him to remove
county attorney, or any other civil officer
except sheriff, without any petition or with
out any proof of dereliction of duty, that is.
at his own pleasure?
No doubt the motive underlying the stat
ute in question was good one. But it can
easily be seen that the power conferred, or
attempted to be conferred, would put 1t in
the power Of an executive with the support
OF only an Insignificant fraction of the peo-
pie to turn out the law officer chosen by
the people and substitute persons OF his own
selection. 1t may be said that no executive
would take such step except for the most
weighty Of reasons, but 1t is not incoceiyable
that the spirit of partisanship might RIM 81
high and become so bitter as to cause an ex
ecutive to forget his obligations to the whole
people and follow simply the demands of his
his own party The makers of the constitu-
ton selected the methods of removal of pub
lie officers which were the best, and wisest,
and even II the legislature had the power to
add to them we very much doubt If in the
long run the extension would be conducive
to the public welfare.
From reports which have come to us we
are inclined to think that the people of
Waldo county have good ground for COM
plant against their county attorney, and
good reason for wanting change. But the
probability is that they will have to endure
him until the legislature meets. or y new one
Is elected