Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-01-09

SROWneSan, Me-, Jan. S.-(SpeclaD.-
The expected happened in the supreme
court Wednesday morning and A. *
Butler Of this town. who was appoint
ed by Governor Cobb as a special at
torney for Somerset county under the
Sturgis law to prosecute all violations
Of the liquor law. was recognized by
the presiding justice, Hon. L. c. Cor
nish.
Court opened at the usual hour,
$50. Dir. Butler entered the bar first
and tok a seat to the left Of the small
table below the desk Of the clerk He
was followed a moment later by Coun-
II Attorney Yourg. who took his seat
at the table alluded to above where
it is customary for him to sit during
criminal case. Close behind him was
his attorney, AHon. Augustus Simmons
of North Arson. There We're but few
lawyers within the bar during the
proceedings. Among them was George
w Cover, former county attorney,
and who. it is said is one of Mr..
Ioung's advisers in the present contro-
versy. OF his other two Hon. 5. J. Wal
ton did not arrive until the proceedings
had commenced and the fourth, Hon.
f. +. Danforth, was not present in
court.
Mr.. Butler addressed the court at
9.3I. He stated that he had received a
commission from the Governor as spe-
ri at nf
ter 80 Of the Public Laws of 1905, also
a letter from the Governor inStructing
him to enter upon his duties at once
wnen the liquor cases were reached
and he had presented himself to obey
the order OF the Chief Executive Of the
State. He submitted the commission
and the letter to Judge Cornish and
stated that he awaited the pleasure Of
the court.
Mr.. Young then arose and said that
he desired to file protest as attorney
for the State against Mr.. Butler APP
pearing in the liquor cases and desired
that it be filed by the clerk. Then the
protest was read by Mr. Simmons.
The protest. which was signed by
Thomas j. Young, was written in the
first person. It's opening paragraph
read as follows:
I'm behalf OF the people and myself,
| the legally elected county attorney,
protest against usurpation of said Of
| flee or any part thereof in all prosecu-
| lions relating to the laws against Ii
quor."
| Mr.. Young claimed the exclusive
right to the office of county attorney
under Section Il of Chapter 81 of the
| Public Laws, which in brief stated
that ne should attend all criminal ses-
| sions and act for the State.
| Section 20 of Chapter 81 was then
quoted. Briefly it states that when q
| county attorney does not attend q
criminal session the court may appoint
an attorney to take his place. The pro-
| test contended that this was the only
case where an attorney might be ap-
pointed.
/ The protest further stated that tho
office of county attorney was rot va
cant and that the attorney was IN
| court ready to proceed. 1t raised the
| question OF whether he was not ousted
| wholly from the duties of his office
could he be in part. ripple OF excite
| ment ran around the room when the
sentence relative to the Governor cut
ting off the head OF the county attor-
ney and letting it lie in the Guperna-
torial basket was reached.
Mr.. Simmons in his argument occu-
| pied nearly one hour. His contention
was that the Sturgis law was uncon-
| stitutfonal and that no civil o1hcer
could be removed from office except ny
| impeachment. He also stated the meth
Cd by which an impeachment was oo-
| tanned. He said that no SPECIFIC charges
were made in the letter to Mr. Young
| from the Governor. On Dec. 81. the
| date he was cited to appear, he was
1 busy with the grand jury which diu
/ not report until Jan. 3. All his cilent
/ asks is to be let alone and allowed 10
Il attend to his duties during this term
Il of court
II At times Mr. Simmons used quite
II vigorous language. When in the course
Of his argument Mr.. Simmons alluded
II to the "vagaries of the Legislature
Il and stated that cit went beyond lts
II constitutional limitations" he was IN
il terruptad by Judge Cornish, VINO stated
i that it was a question of law ana that
there was no occasion to question the
wisdom of the Legislature. AGAIN
when abiding to Governor Cobp, MT
Simmons was interrupted by the court
who stated that he could not allow MN
RI attack the Governor. Mr.. Simmons