Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-07-26
Mandamus for Delinquent
Registers Of Deeds.
Committee on Liquor Agencies
Carries Out New Law.
Three Pardon Cases TO Be Heard
By Executive Council.
STATE HOUSE CALENDAR.
Next Meeting Of Governor and Council
Thursday, July 20, at $50 A. M.

Attorney General Warren c. Phil
brook Of Waterville Saturday handed
down an opinion upon the act passed
by the Legislature of 1907, which pro-
yides that the register of deeds in the
so-called wild land counties shall trans
mil to the Board of State Assessors a
fers of wild lands. Some of the regis
tiers of deeds have failed to comply
with the law while others have refused
to do so. Attorney General Philbrook
in his opinion states that the remedy
of the board is writ of mandamus
against the delinquent county officials.
The full text of the opinion is as fol.
lows:
You have called my attention to
Section l of Chapter SO of the Public
Laws of 1907, which provides as fol-
aows:.
~ IN each ss.s county containing wild
udse sn-called, it shall be the duty
M the register of deeds in such coun-
Ties to transmit to the Board of State
J. Aesessors a certified copy of the rec
ord OF transfers of wild lands or any
portion of wild lands within 10 days
after such record is made.
~ You state that in several of the So
called wild land counties the respec-
!, tive registers of deeds have not trans
mltted the certified copies required by
said chapter and that in two instances
the registers have fatty refused to
comply with this provision of law. You
asked me what measures, if any may
be taken and in reply 1 beg leave to
say:
Your remedy is mandamus. 1t is a
general rule of law that the writ of
mandamus may be issued against a
public officer to compel him to perform
a purely ministerial duty imposed by
law. This doctrine Is not only announc-
ed by many of the State courts. but al
SO by the federal courts of this coun-
try and by the courts of Canada and
England. In our State examples are
not wanting where the writ has been
issued to compel public officer to per-
form ministerial duty imposed upon
him by law.
Thus in Smith VS.. Titcomb, 81 Me.
1872, the defendant being a treasurer OF
a town, mandamus was issued to com
pNI lLC lICdoutCl W pCilOl III NoSJ
prescribed and imposed by statute. See
also fremont School District VS.. Clark,
So Me- 1872; Williams VS.. County COM
nsiasioners, IS Me. S45, where the court
speaking through Judge Rice. says:
ssMandamus lies to the inferior tr1bu-
wnals. magistrates and officers and eX-
tends to all cases of neglect to perform
legal duty where there is no other
adequate remedy"
Bnker VS.. johnson, Al Me. Il, where
the court speaking through the same
judge, declared that the supreme judi
cial court had power to issue writ
of mandamus when the same may be
necessary for the due execution of law;
Page, Petr. 81 Me. $50: Halves ct ais
VS.. White, register of Deeds &C Me. 3O5;
State VS.. county commissioners, SO Me.
2S2: Attorney General VS.. Newell, ct
ais, IS Me 246. where the court speak
ing through Judge Whitehouse. says:
1T is we'll settled rule that manda-
mus extends to all cases of neglect to
perform an official duty clearly i'm
prsed by law, when there is no other
ADEQUATE remedy Inhabitants of
Brunswick VS.. City of Bath, 80 Ne. 479.
In this case the defendants; contended
that the petitioner had complete and
adequate remedy at law either by in
dictment or petition to the county
commissioners, but the court speaking
through the late Chief Justice Peters.
said Such a legal remedy as either
OF the uncertain modes suggested
would be unsuitable and unsatisfac-
tory. This court has said that manda
mus will be granted if it be doubtful
IL there be another effectual remedy. or
If the court does not clearly see it's way
to one. Generally when ministerial du-
ties are clearly defined and legally
established mandamus will be upheld
TO enforce them" Adams VS.. Ulmer
81 Me. AZ; Keefe VS.. Donnell, 80 Me.