Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-04

that change: and in one of his letters
later he said that he regretted tnat the
change was ever made.
SO that you see, gentlemen. this was
a law Of our State for many years In
the early history of the State, and IL
was not only a law of our State, put
it was a law of many other states
New York had similar law, and II
is under this law that Governor
Hughes has made for himself the
splendid record that gives him not on
" a national but a worldwide fame;
and | should like to read to you some
of the letters that l have received in
regard to this matter.
I wrote to Governor Hughes, and
have reply from his private secre-
tary, which l will read.
February q, 1909.
Hon George II. Eaton.
Senate Chamber,
Augusta, Maine.
Dear Sir
Your letter of the 18th instance, ad-
dressed to Governor Hughes, has oeeh
received and as the Governor is about
to leave Albany to attend the lnaugu-
ration of President Taft he directs
me to offer his excuses for not replying
in person.
I enclose you herewith a provision OF
the New York State Constitution which
gives the Governor power to remove
certain county officials, including sher-
ifs. The Governor does not desire 10
make any comparison between ms
movers and those of the governors OF
other states He believes that the pow
er of removal is a wise one. His gen
eral views on the subject We're set
forth in his inaugural Address, copy
of which l enclose you.
Very truly yours
/ have the inaugural referred 10 IN
this letter, md | want to take from II
a small portion which applies directly
to the matter which is under consider
alton before u.s..
1.-THE Governor is to take care that
the laws are faithfully executed But
with respect to this duty there are
further limitations than those involved
in his relation to appointive officers
1t is part of our system OF government
that the laws in large measure are en-
forced through officers locally chosen.
To the Governor in certain cases IS
given the right to remove local officers,
but this in only upon charges properly
made and sustained after hearing
While the Governors exercise OF TINS
jurisdiction is not subject to revise
he in his province, like the hlghest
court of the state in its province. must
not act capriciously or arbitrarily, but
in accordance with the rules and prln-
riplcs governing his authority. The
Governor is as much bound to support
our constitutional system of local gov
eminent so far as it provides for the
local choice of officers, as he is to re-
move officers clearly proved to be gull
tv of serious neglect or misconduct
The Governor has no right to use
his power Of removal to assert his pref
ercnces or to attempt even temporary
ly tu>impose his will upon the COM
munity which has chosen this officer
The appeal to him is the necessary
check to secure responsible government
and must be justified by proof of such
dereliction as may be sufficient 70 make
removal Of the elected officer consistent
with our fundamental principles of To-
cal government"
have also Article X of the Constl-
tuition of the State of New York; ana
will only read one clause which applies
to the matter in hand.
"The Governor may remove any Of
fcer in the section mentioned, WITHIN
the term for which he shall have been
elected; giving to such officer copy OF
the charges against him, and an OPP
portunity OF being heard in his de-
fence"
You will find all this in the resolve
which has been presented before this
body.
T shall also like to read to you a let
ter from John Johnson, Governor OF
! the state of Minnesota, in reply to
letter written by myself
january 10, 1909.
Hon George y. Eaton,
Augusta, Maine.
Dear Sir
acknowledging your valued Commun-
ication of the 18th of January, l beg
to say that during my incumbency OF
the office of Governor. it has been nee
.HSary to remove for cause several
! county officers. notably sheriffs The
law works very satisfactorily in this
State and thus far l have never met
| with q positive refusal of II sheriff to
cnfoi ce the Jaw as directed by the Gov
| crnor.
| The prohibitory laws in this State
! arc purely local in character, but on
several occasions ! have found it neces-
sary to address rather sharp commune
| cations to siieriffs, and have invariably
| found them ready to do the bidding of
tie Chief Executive, possibly in view
of the power of removal lodged in the
Governors hands.
! You are at liberty to make any legit-
innate use of this letter as you may
| wish.
Very truly yours.
(Signed) JOHN JOHNSON"
Il Democratic governor.
| I will also read a letter from j. O.
| Davidson, Governor of the state of
| Wisconsin:
Jan. 10, 1909
Mr.. George H. Eaton,
Augusta. Maine.
Dear Sir-Yours of recent date re-
! celved, and contents fully noted. Our
! Legislature just organized last week,