Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-07

H., 1918, NlIIuIlN OF cbITuDllA cIuS'tS OF
neglects to perform the duties required
/ of him as such sheriff by section
sixty nine of chapter twenty-nine of
the Revised Statutes of this State as
amended by chapter forty-one of the
Public Laws of nineteen hundred and
five"
Has there been refusal to per
form? l find the Statute which might
we'll have been resorted 10 before
these proceedings were brought. Sec
| ton OF chapter SO of the Revised
Statutes "Sheriffs shall obey all such
orders relating to the enforcement of
I the laws as they are from time TO
; time received from the Governor.
Was any order under the statute, Il
sta tutc as binding ON the Governor or
Maine as are the laws binding upon
the sheriff of the county OF SaGada-
| hoe? Has any order come from the
Governor of Maine to the sheriff OF
the county of Sagadalloc to enforce
the laws? In the Governors message
he saws not. He says, why not? Ana
| I do not follow that statute-and /
quote in substance don't follow
that statute because to my nina II
would do no good for me to follow 1t.
| In other words. ] disregard the solemn
mandate of the law, unless following
ont lhat solemn mandate WOULD car
| ~ out some good. Just what shcriIfs
| have done all other men for many
| wears have done. No order came, no
refusal. no request made by anybody,
not even by the officers of the Civic
| League. hunting out the cities of the
/ inc n l.
| proper things of the officials; and they
at Bath found the conditions We're
such that they did not request John
/ Ballou to perform any ae' 10Y thelA
| There has been no refusai To perform
| and least of all, a corrupt refusal
/ ] know my Brother Wilson Will ho'
argue for moment that there Is
| either evidence or suspicion OF any
corrupt act on the part of Jonn Bar
| Ion, no corrupt act, no refusal. Ne
| eject! Corrupt neglect No w lifu
| neelect-and there nv friends, Wan'
| tort to- distinguish between mere ne
elect aud wiful neglect. This is not
n law court When the sheriff of any
| county binds himself to do any work
and no complaint comes to him about
| that work from anybody within hi:
| jurisdiction, from the judge, from thf
Grand jury, from any individual in tho
county. is it not right to suppose that
the work is being done properly, anf
| even i'll fact. if il is in fact neglect II
oversee work as he should. has he
| wiIfHlly neglected it,
| Think of that Why, gentlemen, il
| you are going To try this sheriff OF
| any other on the proposition that yot
| have found liquor sold in his county
| If YOU find rum sellers living in hi:
! county and from time to time dom:
business there 50 that they are known
| 10 the public. that under this consti
| tuition that is sufficient proof upor
which to address the Governor FOL
/ the removal of Il sheriff from office
| then YOU must remove them all ant
| in 4 month come back and remove th'
men appointed to take their places
and in another month go through th'
same operation. Let us be homes
/ with each other tonight. 1t Is luXuri
Gus for the people of Maine To b.
honest. Let us be honest tonight viii
Yourselves and With John Balloa, Will
the evidence that has been put in her
| today that there were places wher'
/ liquor was sold in Bath and the name
of the men We're well known and TIL
places We're said to be on publi'
streets.
| Watching the faces while this evi
dence was being put in. | Saw here
| amd there on the face OF a member /
| Knowing smile. as much as 10 say
| 'Nhat tanning evidence is this!
! co. n he "
| smiled knew that in his own town th'
| officials were doing the same thins
| and that Just the conditions existed
| that were stated here today.
| We must take things as they are. w
| must not expect ideal work on the par
of anybody. There is no public officer il
| the whole United states of America tina
| in every detail lives up entirely 10 III
| oath of office 1t is said sometimes h,
! men who live mp in the mountain tops
| and now and then come to where mos
| of us spend our lives. that IL is a terrible
| thing that violations of the constitu
| ton should occur To illustrate to yoi
| how the constitution is violated ! wan
| TO call your attention To the fact that by
section of article 4 of the constitution
| this Legislature and every other leSisla
! ture that ever assembled in Maine Is an
| solutely forbidden to charge up as mil
cage Il single cent over the regular anc
actual travelling expenses, and still Nol
will alle do that before you 90 home ant
will violate the sanctity of Your oaths
| and every legislature has done 1t since
| 1927. You do not do it corruptly.
| imagine the most of You never read thai
section of the statute. You Will perform
the same thing as | have performed my
self when in the legislature. Now that
| have told you about it, now that YOU
have been, warned,-not by the exeeutiv,
but by the feeble mind of a member al
the public,-you will probably follow the
Constitution and cut the mileage out
But | do not believe if YOU follow the
Constitution from one end To the other
| YOU will find that men who live in public
| life live up to the spirit of the law, lei
| alone the letter of it, We talk good
| deal about these things. how awful II is
| that sheriffs do not pursue the liquor
| sellers every minute. for he thereby fails
| to live up to his oath of office Let me
| remind YOU that not sheriffs alone take
the oath of office, but that you all took