The Republican journal. [volume] (Belfast, Me.) 1829-current, 1910-10-27
County Clerk .-"CIerk of Courts. -

An interesting situation which may
lead to serious complications has develop
ed from the use of the title ''county
clerk instead of 'clerk of courts on
the official ballots in the recent State
election. 1t is not improbable that the
law court of Maine may be called to pass
upon the legality of the election as to
that office, and new election may be
necessary in the ten counties in which
the term OF the clerk of courts expires
with this year.
The error in the ballot grew out of
law enacted by the last legislature that
the clerk OF the county commissioners
shall be known as the county clerk. "
The statutes provide that clerk of
courts shall be elected by the people,
The law also provides that the clerk Of
courts shall be clerk of the county COM
missioners. The office of clerk of the
county commissioners, or county clerk"
as he is designated under the new law, is
not, therefore, in and of itself, an cleo
tive office, and it becomes serious ques-
ton whether the election of county
clerk constitutes the legal election of a
clerk of courts.
Suppose, it is argued, some other title
had been used, would that have elected a
clerk OF courts? For instance, take the
case Of Hancock county. The charter of
the Ellsworth municipal court provides
that the clerk of courts of the county
shall be recorder of the Ellsworth munic-
lpal court, yet it could hardly be argued
that, had the title, recorder of Ellis
worth municipal court, =" appeared on the
ballot at the recent election, it would
have elected clerk of courts for the
In oh e g
i courts" and county clerk" are entirely
distinct, though the law provides that
one incumbent shall hold both.
This matter is of much greater import
! than mere political contest for office.
1t is not an agitation on the part of few
defeated clerks to secure office, but is OF
| Statewide Importance, Clerk of Courts
/ knowlton, of Hancock county, disclaims
emphatically any desire or willingness or
his part to obtain the office on techni
cality. The question of men is entirely
overshadowed by the serious disarrange
ment of judicial machinery which may
result. In criminal as we'll as civil pro.
cedure, the statutes in almost number
less cases provide for certain acts OF
certifcations by the clerk of courts
Commitments to prison, for instance
must be signed by the clerk of courts
If the election as county clerk" is al
lowed to pass unchallenged, what, it is
asked, is to prevent a prisoner commit.
ted on warrant signed by such an Of
ficer, from obtaining his release or
habeas corpas proceedings? Still more
intricate complications might arise ii
civil proceedings, and the rights OF
parties be seriously jeopardized
These are some of the various phases
of situation which is being widely dis.
cussed in legal circles of the State |,
seems TO be the prevailing opinion thai
Governor Fernald will hardly feel JUST
fed in issuing certificates of election as
clerk of courts to those men elected un
der the title of county clerks" What
then, will be the outcome? Will va
cancy in the Office after January, be de
clared? In this case Governor Plaistet
would have the power to appoint clerks
of courts, and doubtless would appoin
those men who received the majority O.
votes under the title of county clerk
But is this a vacancy within the meanin,
of the law? Is it not, rather, no cleo
ton? In the latter case, new election
would doubtless be necessary.
The constitution of Maine provides tina
the justices of the supreme court sha
give their opinion upon important ques
tions of law when required by the COVER
nor or council. 1t seems as if this is
case Of sufficient Importance for tn
governor to refer to the law court, an
it is not unlikely that this will be done. :
Ellsworth American.