The Somerset reporter., 1908-01-09
Mr.. Butler Appointed.

Sturgis Commission to supercede
Thos. j. Young, the present County
Attorney, in the pr oseeution Of liquor
cases in the Somerset Courts, have
eliminated in the appointment of
Amos K. Butler of this place as pros
ecuting officer. The proclamation,
issued by Governor Cobb, last Satur-
day, is as follows
State Of Maine. To all who shall see these
presents greeting:
Know ye that |. William 7, Cobb, GOV
eInor Of the state Of Name, do here y create
10 C ntinue during my pleasure, the office oi
special attorney IN the county Of Somerset,
", as provided by Chapter 90 Of the public
laws OF the State of Maine, the year A.sD.
1905. entitled AN act to pr vide for the en-
lorcemt mt of the laws against the manufac.
iure and sale OF Intoxicating liquors. and
especially as provided for under sec. s OF
sand chapter.
And reposing special trust and confidence
in the integrity, ability and discretion 81
Amos X. Butler Of okowhegan in the county
Of Somerset, do hereby cons itute and ap-
point the said Amos X. Butler special at
turney Ito fill the office Vi special attorney
as above created) Tor the State Of Maine
witain and for said county VI Somerset and
do thereb, authorize and empower him 10
fulfil the duties of said office to which he is
herein appointed according to law and IL
Lave and to hold the same together with al
the powers, privileges, and emoluments
thereto, Of right appertaining unto him, the
said Amos X. Butler, during my pleasure as
governor Of the State OF Maine, ii he shall So
long behave hi self we'll in said office.
In testimony thereof ! have caused these
letters to be made patent and the the seal OF
State hereunto to be affixed Witness m
hand at Augusta, tins fourth day If January
IN the year Of our Lord, 1905, and the Inde.
p,ndence Of the United States The I32d.
(Slgned) WILLIAM T. COBB. Gov.
(Ni ned y. |. BROWN, SEC. vi state.
This is the first instance of the APP
pointment OF special County Attor-
ney under the Sturgis law.
While the language of the procla-
nation above given is more or less
perfunctory and formal, the portion
wherein the Governor announces
that he reposes special confidence in
the integrity, ability and discretion of
Mr.. Butler has more meaning than
that which ordinarily attaches to an
old law form in legal document and
will be generally approved. 1t will
be great source of satisfaction if
Mr.. Butler can enter upon his duties
as special attorney and clear the
Co -. %
many cases that have accumulated
there through the policy of continu-
ing them from term to term.
Recognized by Judge Cornish
Wednesday forenoon Justice L. c.
Cornish decided that Amos X. Butler,
commissioned by Governor Cobb as
special attorney for Somerset county
under provision of the Sturgis law,
is clothed with full authority to act in
place of Thomas j. Young, the regu
larly elected county attorney, in the
prosecution of liquor cases and Mr.
Butler at once began his work and
Mr. Young withdrew.
When court opened at $50, Mr.
Butler started the proceedings by
filing his commission and a letter
from Governor Cobb instructing him
to proceed as special county attorney
Mr.. Young then presented protest
which was filed as part of the rec
ord. Judge Augustine Simmons, at
torney for Mr.. Young then read the
protest which contained arguments
against the recognition of Mr. Butler
submitted much in the form of an
attorneys brief. The statutes defin-
ing the duties of the County Attorney
were cited, also such provisions as
existed previous, to the enactment
of the Sturgis law, for the removal oil
any incumbent of that office or for
appointing a substitute in case the
Office became vacant. The protest
claimed that any removal of the
County Attorney from his Office, other
than by impeachment proceedings,
was unconstitutional. II was couch
ed in ultra vigorous language and
some portions of it, which seemed to
Judge Cornish to be wanting in proper
respect for the acts of the legislature
and the chief executive of the state,
were ordered stricken out before he
would admit the document to become
matter of record.
After reading the protest Judge
Simmons addressed the Court with an
argument, admitted by all to be very
able and, certainly making the very
best use of the circumstances sur
rounding the matter in defense of his
client, Mr.. Young. 1t was evident to
u majority, however, that the task he
had essayed was impossible of ac-
complishment, and in spite of his
very able pleadings Mr.. Butler was
recognized by the Court.
Asked by Judge Cornish if he had
anything to say, MIR. Butler stated to
the Court in substance That he did
not feel it was perhaps his place To
make any remarks out possibly in
Justice to himself it was only right
that he should state his positio n /:
That we live under a form of govern
ment in which the majority RUE; that
the majority of the people, through
the Legislature, has empowered the
Governor to appoint a special attor-
nay, for tho hattar entertainments of 4 h. a