Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-11-29
STATE HOUSE.
Vacancy Declared in Saco
Municipal Judgeship
After a Hearing Upon Ques-
ton Of Abandonment.
Governor will Nominate c. Wallace
Harmon for Present.
STATE HOUSE CALENDAR.
Regular Meeting of Governor and Coun-
Gil, Thursday, Dec. 10, at 10 A. M.

Gil, Thursday, Dec. 19, at 10 A. M.
The question of the alleged abandon
ment of the Saco municipal court by
Judge John p. Deering was taken up,
Thursday evening, by the Governor
and Council. The principal point at is
sue was the Interpretation of the sec
ton of the statute relating to the
court, which provides that the judge
shall during in his continuance in Of
fee reside in the city of Saco.
1t is understood that Judge Deer
ing, who declined to be present at the
hearing, contends that the residence
required is more technical residence,
while the petitioners contend that it
means actual residence and actual
personal participation in the affairs
of the court. The action of the Gov
ernor and Council was taken upon a
petition of members of the York
county bar alleging abandonment of
the court upon the part of Judge
Deering.
The petition sets forth that said
Deering is under contract as assistant
manager of the Ray estate. with a
corporation located in Bangor. county
vi tliObotoNf loi q tti III Va 49, e'iAA'
has, since June 1, 1912, closed his Of
fee rented his house in Saco, and
devoted himself to the duties of as
sistant manager of the Ray estate, as
aforesaid, in said Bangor, and that
said Deering has entered into def
mite agreement with the present re-
corder of said municipal court. where
by said recorder is TO receive a certain
compensation for performing the du-
ties as judge of said court.
The petitioners state that they be-
lieve that a vacancy exists in the Of
, fee of Judge of the municipal court
Of the city of Saeo. by reason of
abandonment. The signatures attached
are those of Edwin Stone, Charles T.
Read, Joseph b. Dow, Walter J. Gill
patric, James o. Bradbury. c. Wal
lace Harmon, Nathaniel b. Walker,
Carlos c. Heard, Leroy Haley, Thomas
b. Walker and Louis B. Lansier,
w H. CULVER of Portland appeared
before the Governor and Council for
the petitioners at the request of j. o.
Bradbury of Saeo. At his request the
witnesses called were put under oath.
Recorder George E. Grant of the
municipal court testified that Judge
Deering had not been present in
court as judge more than from four
to six times in the past four months.
The present arrangement was that the
recorder should have two-thirds of
the salary, or $66 a month.
Robert 3. Seidel of Biddeford testi-
fled as to Judge Deering closing his
law office and selling his furniture
Of CHI
if. testified that he had not seen Judge
Deering in his office since June I. His
testimony was corroborated by Charles
T. Read of Bifdeford. Michael r.
Burns. city assessor of Saco, testified
that the judge had vanished about the
end of May. He had heard from Re-
corder Grant that he had accepted a
position in Bangor and made arrange
ments that the recorder should fill out
his term.
Sheriff Harry A. Weymouth of Saco
testified that Judge Deering was not
present at the September or Novem-
her elections and that he had not oc-
cupied his house in Saco, since May l.
Judge Deering was in the city, Thurs
day, he said. but he and his wife went
to a private boarding house. DIR. w.
j. Maybury of Saco corroborated Sher-
if Weymouth's testimony as to Judge
Deering not voting in September or
November.
Recorder Grant after having exam
ined his docket carefully testified that
he could find only five cases in which
Judge Deering had oiEsiated since
June 3. 1872.
1t was stated at the hearing that the
term of Office expired. next February.
md that Judge Deering had announced
: that he was not candidate for reap
pcintment.
Attorney CULVER argued that Judge
Deering had abandoned the office OF
Judge OF the Saco municipal court by
neglecting its duties and that lie had
disqualified himself from further hold
ing the Office by reason of ceasing to
reside in Saco, and that a vacancy now
existed in the office of the Saeo muni-
cipal court.
The Council after being in executive
session but a short time advised the
Governor of the existence of vacancy
in the office of judge of the Saco mu-
nicfpal court and that he should make
an appointment. Governor Plaisted
announced that he should nominate for
that position G. Wallace Harmon Of
Saeo. Mr. Harmon was one of the pc
titioners upon the abandonment pro-
ceedings.
The removal of a judge by aban-
donment proceedings has been made
in other states but so far as known
this is the first time that il has been
done in this State.