Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-11-20

ment OF facts that the present sec
rotary of State is a stakeholder in
and treasurer of the WatervHle SEN
tinel Publishing Co
Section IL of Chapter III Of the
Revised Statutes declares that moe
person holding a place Of trust in any
State office shall be pecuniarily
interested directly or Indirectly in any
contracts made in tehalf Of the State
= and any contract made in viola
ton thereof is vol"
The general terms employed in the
foregoing statement of facts. that the
secretary of State Is stakeholder in,
and treasurer Of the Publishing Co..
raise a clear implication and warrant
the conclusion that the secretary's fl
naneial interest IN the company is an
appreciable and substantial one. If it
We're otherwise 1t is reasonable to in
FER that the statement of facts would
have contained n specification of the
number and value Of the shares Of
stock actually held and owned by the
secretary and the amount and terms
of payment. Of his salary as treasurer.
The question submitted must therefore
be examined upon the assumption that
the secretary OF State has a direct and
substantial pecuniary interest in the
contract for certain State printing
which the Governor and Council
awarded to the Waterville Sentinel
Publishing Co
When the language of a statute is
capable of only one meaning. the Leg
islature must be presumed to have in
tended what it mas plainly expressed,
and there is consequently no room for
construction. 1t is lot allowable to
interpret what mas no need of inter
probation. Davis Y. Randall, 81 Maine,
sc. II has accordingly been distinct
ly stated from carly times down to
the present day. that Judges are not
to mould the language of statutes in
order to meet an alleged convenience
or an alleged equity and are not
to alter plain words though the Leg
islature may not have contemplated
the consequences Of using them.'' End
Itch on Interpretation of Statutes, Sec
ton 4.
1t does not need to be formally as
serted that the secretary of State is
necessarily "a person holding a place
of trust in a State office"
Analogous legislation is found in
Section 20 of Chdpter 4 of the Revised
Statutes, which provides that No
member of a city government shall be
interested. directly or indirectly, in
any contract entered into by such
government. while he is member
thereof, and contracts made in viola
At Wi
was brought in question in O'Neil V.
Flanagan and city OF Portland,
trustee. and Johnson. claimant. 9S
Maine. 426. The plaintiff had con-
tract To perform work for the city
The claimant, Johnson. was surety on
the plaintiffs bond to a surety COM
pany To protect it from loss as surety
on the plaintiffs bond TO the city for
the performance of his contract. The
plaintiff failed TO perform and John
son by arrangement of all parties COM
pleted the contract and claimed the
amount due from the city on the con-
tract. for work done by him, under an
assignment from the plaintiff. During
this time Johnson was an alderman
Of Portland.
It was held by the court that the
plaintiffs contract was tainted and
rendered void by Johnson's illegal con-
nection with it. In the opinion by Mr.,
Justice Strout, the court said: 1T is
clearly within 1.-THE inhibition of the
reeited statute. The provision is wise
one. and tends to honest dealing, ana
exclusion of motive for improper prac-
tees harmful TO the community. 1t