Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1910-10-19
WEDNESDAY OCTOBER 10, 1910.

ssCounty Clerk -ssClerk of Courts. !"
An interesting situation which may
lead to serious complications has de-
veloped 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 i'm
probable that the Law court of Maine
may be called to pass upon the legality
Of the election IS to that ONCE, 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 4
law enacted by the last legislature
that "the clerk Of the county commits
sioners shall be known as the county
clerk. The statutes provide that
clerk OF courts shall be elected by
the people. Tho law also provides
that the clerk Of courts shall be clerk
Of the county commissioners. The
ONCE OF clerk of the county com
missioners, or ''county Clerk, as he
10 designated under the new law, 10
not, therefore, In and Of itself, an
elective office, and it becomes seri-
ous question whether the election OF .
county clerk" constitutes the legal
election of clerk of courts.
Suppose, it 10 argued, some other
title had been used, would that have
elected q clerk OF courtsf For in
stance, 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 municipal
court, yet 1t could hardly be argued
that, had the title, recorder Of Els
worth municipal COURT appeared on
the ballot at the recent election, 1t
would have elected clerk of courts
for the county. In short, the ONCE OF
clerk OF courts" and scounty clerk"
are entirely distinct, though the law
provides that one incumbent shall
hold both.
This matter 10 OF much greater inn
port than . mere political contest
for ONCE. 1t is not an agitation on
the part Of q few defeated clerks to
secure ONCE, but IL Of state wide I'M
portance. Clerk of Courts Knowiton,
Of Hancock county, disclaims emphati-
caIly any desire or willingness ON
his part to obtain the ONCE ON .
technicaiity. The questions Of men
10 entirely overshadowed by the seri-
Gus disasrangement Of judicial ma
chinery which may result. In crimi-
nal - we'll ~ civil procedure, the
statutes in almost numberless cases
provide for certain acts or certinca
tions by the clerk OF courts. Com
mitments to prison, for instance,
must be signed BY the clerk Of courts.
II the election - "county clsrk' ID
allowed to pass unchailenged, what,
it il asked, 10 to prevent . prisoner
committed on warrant signed by
such an ofhcer, from obtaining his
release on habcus corpas proceedingsf
6till more intricate complications
might arise in civil proceedings, and
the rights Of parties be seriously
jeopardixed.
These are some Of the various
phases Of situation which 10 being
widely discussed in legal circles OF the
State. 1t seems to be the prevailing
opinion that Governor Fernald will
hardly feel justified in issuing cor
tificates Of election AZ clerk OF courts
to those men elected under the title
oe "Oounty clerks. What, then, viii
be the outcomee Will . Vacancy in
tie ONCE after January, be declared?
In this case Governor Plaisted would
have the power to appoint clerks
OF courts, and doubtless would APP
point those men who received the
majority Of votes under the title Of
county clerk. But 10 this . Vacancy
within the meaning Of the lawf Il 1t
not, rather, no electionf In the
latter case, new election would
doubtless b necessary.
The constitution Of Maine provides
that the Justices Of The supreme court
shall give their opinion upon impor.
tant questions Of Law whom required BY
the governor or council. Il seems
:. - thas In n rnna AZ aufIlciAnt impor-