Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-12

! cOrfupliy IN the nlntn lITe thereof
The presiding officers understand that
| the effect of this is an amendment of
| the resolve under which this conven-
! ton is operating and that any objec-
tons. if there may be any such. are
! waived and any notice that might be
required is waived by counsel: and the
answer may be entered now, general
denial.
| Mr.. PATTANGALL: Mr. President,
! if the secretary may make any entries
| necessary in regard to service being
| waived and notice waived-I do want
| in Just one word to call the attention
of the convention again to the fact tina t
| the charges as now stated in the re-
/ solve, the causes for removal as stated
| in the resolve are in the opinion of Mr..
/ Hines and his counsel not specific and
| too general to properly conform to the
/ Constitution. ] do not feel ii is nee
| essary to file any written motion in re-
| gard to that matter: ! call attention of
/ the convention To that fact, and al this
| time would like to have entered on the
| record our objection to the convention
| proceeding to a hearing without the
causes of removal being slated more
explicitly and definitely and in detail in
| the resolve.
The PRESIDENT: The objections
| may be entered upon the record; also
| the usual entry of the objections over
| ruled.
Mr.. PATTANGALL: And that an APP
| peal is asked for.
The PRESIDENT: The secretary will
| make all the entries
I Mr.
rotary will enter a general denial on
our part; and l want to say further that
if the prosecution desires that any gen
| eral admission of facts will be of any
| avail to save detailed testimony we will
| be ready to make it as the evidence
proceeds; and at that time if Brother
Wilson will call my attention to it we
will work As speedily as we can in that
respect.
| Opening statement for the prosecu-
! ton, by William r. Shelton, ESD, OF
| counsel for the State.
| Gentlemen of the Convention:
| This proceeding is the first in the Sc
] ries which you have had referring te
the office OF county attorney, and
| whiie generally speaking that office is
! very different from the office of sher-
| if, / desire to call your attention al
the outset 10 the fact that so far as il
applies to the special statute fixing the
duties Which you declare. or are asked
| to declare that Mr. Hines has failed IL
perform. there is no difference in the
responsibility resting upon the two Of
| ficials. The only difference is a differ
| ence Of the method in carrying it out
| The duties referred to in the resolve
are stated in Chapter Al of the Public
/ Laws OF 1905, which is an amendment
Of the original section found in the Re :
Nised Statutes, and to show you how
/ the law cohtemplates that the duties
of these two officials travel along to.
| gether with respect to the enforcement
of the prohibitory law, desire to rea,
| Il few lines from that chapter.
"Slieriffs and their deputies ant
| county attorneys shall diligently ant
faithfully inquire into all violations o.
| law within their respective counties
/ and institute proceedings in cases o
violation or supposed violation of law
and particularly the law against illeg.
al sale of Intoxicating liquors, and thu
| keeping of drinking houses and tipplint
| shops. gambling houses, or house o
|
| complaint before magistrate and ex
| ecuting the warrants issued thereon
or by furnishing the county attorney
land this latter clause apparently re
| fers to the sheriffs, and is the only on'
| that makes that position differ ent from
| that of the county attorney-"or b.
furnishing the county attorney prompt
| ~ and without delay with the names
| .,Iy 1nr ,F ha
| ncSses.
| So you will see that we are now pro
ceeding Under the same statute, Will
| relation to the same subject matter
and along lines that require in u larg,
aegree the same class of testimony al
in the cases which you have alread.
attended to. The resolve itself as nov
amended differs in one respect, to b
sure. from those in which you hay
acted, in the previous investigations
| oecacoe it strikes out the word cor
liuptly." 1t stands, however, succep
tible now of the same proof which w
had into nded to offer before this chang
was made. n change which | think
may properly say was made with The
full consent and approval OF the at
t0rney generals department, 1t is need
| less for me TO say that any evidence
OF corruption would necessarily be eV-
idenee of wilful failure or neglect. but
wish to say frankly that so far as the
popular acce ption cf the term is con-
cerned the receiving of money or OF
| something of value or what is more
peculiarly called graft | am not max
ing any such charges or offering sucn
evidence.
/ Gu. claim viii be, ana we think We
shall. be able To produce testimony 10
substantiate it. that through some gen.
eral understanding the county attor-
ney has wilfuly failed to proceed as
he is required to do under the proVls-
ions of this Statute. We shall show
and introduce for your consideration,
| testimony showing in the first place
ana necessarily because there could be
no failure If there were no violation ot
The Iau-test imony tending to show
conditions as they have existed in An
droseoggin county. and particularly
in the city of Lewiston, since the first
day of January, 1l3. We shall under
| take TO show that the prohibitory Ii
auor law has been openly, perslstently
H..