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

people want more and better than they
know themselves. There is an old
proverb which should be studied with
great care even in our legislative
works. 1t is this, BE not over-rightn-
Gus overmuch, neither make myself
overwise. Why shouldst thou destroy
tnyself:" That is just the way the
propOsers of this bill stand. They
think they understand that better than
the people do, and as to all these laws
the more the dominant party tries to
use them the less their numbers grow.
They are overwise, they are over
righteous about it. The call for such
laws does not come from the rank and
HE, 1t is from a few that come to you
with their over-righteousness, their
oVer-wlsdonl, and ask for these things:
ana they are destroying, they are re-
duclng at least the majorities of the
dominant party. I don't want this law
on the statute books even as an is
sue for the democracy. l don't want
1T there because it is not right to have
1t there. 1t is not good law. 1t is
not possible of enforcement. a county
attorney Is elected for only two years
1t would take some little time. a wear
or more, to find out whether he was
pcrsistently doing those things, and it
would certainly take more than {; year
to get him properly before the Gov
ernor and Council, and then have 70
reckon with the courts before you get
MN out. Then you would have all the
uncertainty of it as you had in trying
10 put one in up in Somerset county.
l say it is not wisdom. 1t is over
Wise. 1t is not a proper thing to dc
and l believe the good sense of this
House viii not permit it to be done
Mr.. DAVIES of Yarmouth: I would
like to ask the gentleman from Cam
den a question
The SPEAKER: Will the gentleman
from Camden permit himself to be
interrogated?
MIR. MONTGOMERY: Certainly.
Mr.. DAVIES: You believe it to be
one of the functions of the Executive
Department to enforce the laws of The
State, do you not?
Mr.. MONTGOMERY: Yes.
Mr.. DAVIES: Why not give the
Governor the authority to enforce this
law
Mr.. MONTGOMERY He has it now
Mr.. DAVIES: 1 understand from
your argument that the only way that
county attorney who was delinquent
in his duties could be reached was by
impeachment. Now why not give the
Governor the authority to enforce all
the laws?
Mr. MONTGOMERY: If you want
to make the Governor q county attor-
ney I am willing.
Mr.. DAVIES: 1 don't want to make
the Governor the county attorney, but
l say that he is entitled under the Con-
stitution to sufficient power to enable
him to enforce the law
Mr. MONTGOMERY: He has that
Let the county attorney if he is de-
linquent be placed before this House
for Impeachment. 1t is only question
of the way of getting at it; and the
history of the law that was there so
long shows that it is useless If YOU
want to make a Governor a county at
torney to do this prosecuting I have
no objection to that.
Mr. DAVIES: l understood you tG
say in reply to my first question that
it should be within the province of the
Executive Department to enforce the
law. They why not give the Gov
ernor the power to see that the
law is enforced against a delinquent
county attorney rather than have him
brought before the legislature for i'm
peachment?
Mr.. MONTGOMERY: He has it now.
That is one of his functions, to bring
him before the Legislature.
Mr.. DAVIES: Yes, but you don't an
swer my question; but if you are salts
fled with the reply, / am.
Mr.. MONTGOMERY: Then am sat
isfied.
Mr.. HERSEY of IIoulton: Mr.. Speak
er, L am pleased to hear the gentleman
from Camden say to this House that he
wished to treat this question in a nom
partisan way. | hope when the vote is
taken that the party which he represents
will vote in non-partiSan way. | am
sure we would all be pleased if we could
look at this from non-partisan stand
point. 1t ought not to be Il political
question, the enforcement of the laws
of our state. The question of whether
we shall live under notification. whctll-
err our laws shall be obeyed. the QucS-
ton whether officials, the servants of
the people. shall perform their duties,
should never he n political question
But | fear that the gentleman from
Camden. at least it struck me that way
in his argument left the nonpartisan
road and became quite partisan before
he reached the end of his argument;
and | think if we can that we ought to
divest ourselves of that idea and treat
the question this morning in a business
way. We are here to do business; let
us do it.
a few years ago in my own county the
prohibitory law was disregarded by the
county attorney elected by the people.
He introduced into our county what was
known then as the Bangor system"
of taking Il fine of $40 and costs from
the liquor sellers. the druggists, the ho-
tel keepers and the saloon keepers. once
or twice a year So obnoxious became
that plan. called the Bangor plan
whereby the liquor seller was never seen
i'm court but came in by his attorney
with the money or sent it to the clerk
indicted in the regular way at each
criminal term. mol pressed on the pay
ment of the money. and kept on doing
bucipeSS Mt the old stand as uSual-SO