Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-04-09


ter. Courts Of justice necessarily NOV
| slowly. Cases of Importance almos
invariably reach the law court befor
being finally decided. The presen
case NAV not be ended during th'
wear and for sheriff to continue I,
exercise his authority and to perform
the duties of his office for severa
months during which no public tri
hunal has rendered decision as TO his
ruilt or innocence concerning so seri-
Gus an offence as bribing a county at
tornay. presents a condition which
cannot be tolerated.
Is this sound reasoning? Does the
acquittal Of Mr.. Emery by the Lesis-
lature also acquit him in the courts
No. It has no effect whatever upon
| those judicial proceedings. save so far
as it may tend to embarrass them
and, by reason of the evidence thus
made public, and of the public agita-
ton and discussion engendered. to
prevent that fair and impartial hear
ing in court which alone can do jus
tice to both the accused and the peo-
pie. The judicial and the legislative
departments are equal and coordinate
branches of our government. Had no
judicial proceedings been commenced.
the legislative investigation would
have been eminently proper. Suppose
such had been the case, and that dur
ing their tendency it were sought to
indict Mr. Emery. The impropfiety OF
such procedure would be manifest. Ac-
ton having been instituted by either
of these coordinate branches of gov
eminent. every consideration of pro-
priety and fair play demands that the
other stay it's hand until their conclu-
sion. The legislative acauittal stiil
leaves Mr.. Emery subject 10 the action
of the court. His guilt or innocence is
sriii 10 be determined therein.
What next? The Governor in his
message to the Legislature. says; 4
have instructed the attorney general to
appear before your representing the
state
We do not say there is no precedent
fer such action. though we have
heard of none But the modern preee-
dents in our own State. at least, as
we'll as every consideration of propri-
ETY.. are against it. In both the Ham
ilton and the Chapman cases, the ac-
ensers We're allowed to choose, aud did
choose. their own counsel. The impro-
priety of the Governor. who is to pass
upon the final charges, sending in his
special counsellor to take charge of
the proceedings, is manifest. 1t is no
part of the attorney generals duty,
as such. to conduct such proceedings.
Nor is there any constitutional or stat
mory provision requiring the Cover
nor to appoint him in such cases. Why
did the Governor stop there? Why did
he not also arbitrarily appoint the
for the defense
In critieising the Governors action,
we DO not mean to be understood as
accusing him of conscious partisan
ship. We assume that il was merely
the case of a serious error of judg-
ment and that without sufficient DELHI
GRAFTON he unconsciously instituted
the legislative proceedings in way
that gave them from the start de-
cidedly partisan slant.
What next? Several reputable wit
nesses, including the county attorney,
testified directly and positively to the
attempted bribery. Mr.. Emery denied
It. For reasons frequently stated in
those columns, we intimate no opinion
upon the question of the latter's actual
guilt or innocence. That question is To
be settled in another tribunal TO
which no trace of partisanship at
taehes. Several collateral and imma-
terial issues were injected into tire
case, but these were properly pointed
out as such by the attorney general
in his closing argument. With that ar
guinent there is, in a way, no fault to
be found From the point of view
of a public prosecutor appointed
mot voluntarily selected to present
the case to the Legislature, 1t was
ideal. It dealt fairly with the evidence
in the case, and Disseminated proper
" between the relevant and the irrel-
evant issues therein. 1t was the calm,
dispassonate, judicial address of
Judge to jury rather than the eager
effort of an advocate eager to present
his clients cause in its most effective
form. Was this the same Pattangali
who subsequently argued the Richard
son case But we anticipate. BY an
essentially partisan vote, Mr.. Emery
was acquitted.
What next? The Democratic Legis-
lature created a profound sensation
by placing on trial Mr. Emerys ac-
cuser, Asa A. Richardson, the Repub-
lican county attorney of York coun-
ty. These were the charges:
First. The solicitation of money in