Daily Kennebec journal., 1912-02-27

land can command but a megfe audi
ence while a prize fight packs City
hall to the doors. This is the record
of one year and to this condition we
have been brought by a governor who
insofar has shown no regard for his
plighted word of honor.
One of the most suggestive features
of Mr.. Piaisted's administration is the
entire lack of all that constitutes good
taste. This is best eXemplified by the
calling of a special session of the leg
islature to again preeipitate a refer
endum over the rum question that has
already been settled by vote of the
people. 1t required 5000 years to de
tvelop the Anglo-SaXon race up to a
point where they would submit to a
majority of one without a revolution,
but Mr. Plaisted refuses to abide by a
majority of moro than 800. The tax
payers must be burdened with the ex-
pense of this extra session in order
that the striped beast may be legal
lied and vice turned into a CONNER
cial product. And all this after the
question had been settled by maiori-
ty vote which all the hostility of this
administration could not overturn.
he DdIlOl tiS tIidl TIC S1iottI NCll-
not be controlled WAS invented by men
W no have no desire to control it as
long as they can till their own pockets
with gold by its toleration. No effort
has been made to better conditions
Laws do not enforce themselves; there
must be officials behind them to per-
form that duty. The apologists for
Mr. Plaisted are repeating that
threadhare argument that the govern
o. is helpless under present conditions,
This statement is false. The Oakes
law was placed on the statutes to
give him the very power which he
claims he does not possess Has Mr..
Plaisted ever attempted to use this
law as a club over the heads of rec
reant officials? Has he ever made even
the slightest effort to curb the present
disgraceful condition and carnival of
crime? Nothing of the kind!
In order that there shall be no loop
hole of escape for Mr.. Plaisted, | have
asked Hon. Henry w. Oakes. author
of the bill in question, to give his
opinion as to what power is given the
Governor to act under this law anG
that gentleman has replied as follows:
Auburn Feb Il, 1872.
Mr. L. c. Bateman:-
Dear Sir: Replying to your Inquiries
with respect to the so called "Oakes
Law" which was introduced by me at
the session of the legislature in 1903,
have this to say in regard TO this statute
and its scope and possibilities:
1t is an amendment to Section 60 of
Chapter 29 the first part Of which sec,
ton reads as follows: "Sheriffs and
their deputies and county attorneys shall
diligently and faithfully inquire into all
violations of law, within their respective
case of violations or supposed violations
of law, and particularly the law against
Illegal sale of intoxicating liquors., and
the keeping of drinking houses and tlp-
pling shops, gambling houses or places,
and houses of ill-fame, either by prompt
" entering a complaint before magls,
trate and executing the warrants issued
thereon, or by furnishing the county at
torney promptly and without delay, with
the names of falleged Offenders, and OF
the witnesses
enioning upon the officials named GER
tain special duties, as to which every.
thing depended upon the faithfulness OF
these officers in the discharge of the
prescribed duties, but with no penalty
for their neglect,
The "Oakes Law, added these words
attorney who shall wilfully or corrupt
" refuse or neglect to perform any of
the duties required by this section, shall
be punished by fine not exceeding one
thousand dollars or by imprisonment not
exceeding one year.'-Publle laws I9V2,
chapter A.
Although it is notorious that since the
amendment was passed various sheriffs
and county attorneys have deliberately
allowed nulfication in their counties
and have even co-operated with Offend
ers against the law. no prosecution, so
far as ] know, has ever been commenced
under the "Oakes Law, and at the
present time inquiry is frequently made
One reason Is obvious, namely, that
the sheriff and county attorney holding
office in any county are generally elected
party, and are very likely to act to-
gether, so that the sheriff would of
course take no steps to prosecute the
county attorney, nor would the county
attorney prosecute the sheriff. and un-
less there is Interference from outside,
this law would not be enforced. The
open to make use of the law, and who
may do it2"
OF course complaint might be made by
any citizen before a municipal court, or
citizens might 90 before the grand jury,
and give their evidence. These steps
might result in successful prosecution,
but with the county attorney in general
charge of criminal affairs of a county,
it would present difficult proposition.
believe, however. that there is con
stitutional and statutory authority suiil-
cient to meet the case, and TO deal with
such conditions in an adequate manner.
BY section / of article of the consti-
tuition of the state, it Is provided that
the supreme executive power of this
State shall be vested in a Governor
BY section Y of the same article, it
is provided that che shall take care that
the laws be faithfully executed"
The constitution provides, article N,
section IL, for election of an attorney
general by the Legislature.
"Among his duties are to give all
proper instructions to county attorneys.
when he is absent and at other times.
Chapter 79 section go, Revised Statutes
BY Section %. HE may offer rewards
or use other means that he may deem
advisable for the detection, arrest and
apprehension of persons who commit
crime in this state"
| have no doubt that the Governor be
ing Informed or becoming aware that
any sheriff, deputy sheriff or county
attorney was wilfully or corruptly re-
fusing or neglecting to enforce the liquor
law, could and. properly should, call
upon the attorney general to investi-
gate and take means for the detection,
arrest and apprehension of any sucu
delinquent official
1t is my opinion further that whether
directly authorized, under the wording
of the law, 10 appear and take charge
of the prosecution of a county attorney
sheriff or deputy sheriff in any county.
or not, no Judge holding court would
hesitate at all to exercise his power to
appoint him a S special prosecutor in any