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

the appearance of Hon. William r.
Pattangall of Waterville, William ii
CULVER of Portland and Irving L.
Vernon of Portland, as counsel Tor the
respondent, Lewis w. Moulton.
The PRESIDENTS: The secretary &C
the convention will make the record
accordingly. The secretary will now
read the order of procedure adopted
by vote of the two branches OF the
Legislature.
tThe secretary then read the order
of proeedure.)
The PRESIDENT: The pleadinss,
If any, may be now entered.
Mr.. PATTANGALL: Mr.. President
and gentlemen of the convention, be-
fore filing any pleadings we desire to
call the attention of the President ana
the Speaker and the gentlemen Of the
convention to the nature of the re-
solve under which we are proceeding,
and in which the charge is set forth
generally that Lewis w. Moulton now
holding the office of sheriff of the
comfy of Cumberland and who has
held such office continuously since the
first day of January A. D., 1913, will
fully or corrupt ItiuSc' VI iits,iNNtAt
To perform the duties required of him
as such sheriff by section 90 OF chap
ter % of the Revised statutes OF the
State. as amended by chapter Al OF
the Public Laws of 1905. and particu-
Iarlv his duties as such Sheriff in the
enforcement of the law against the
illegal sale of Intoxicating liquors and
the keeping of drinking houses ana
tippIine shops. And deeming that
resolve too general in its nature to be
properly answered by Mr.. Moulton
Mr. Moulton,s counsel filed with the
Attorney General who had been dl-
rected by an additional resolve to con
duct proceedings for the prosecution,
the following document;
To the Honorable Scott Wilson,
Attorney General, Augusta, Maine.
In re proceedings against Lewis W.
Moulton. Sheriff of Cumberland eoun-
".
Dear Sir
WHEREAS in an address of the
Governor it is alleged that i'll the
cities of at least five counties 1t cine
prohibitery law is not fairly or non
estly enforced by the sherlffs oil these
counties and the deputies under
Them"
THAT in some of the counties the
county Attorneys have not only failed
but neglected and in some instances
refused to perform their duties as
clearly expressed in our statutes
THAT the liquor traffic is carried on
openly and conspicuously without en-.
forcement from any public officer;
That the most fragrant and COM
plete case which has been presented 10
me is that the county of Cumberland
particularly in the city of Portland
That LIQUOR is sold in open viola
ton of the law
AND WHEREAS in House Resolve
Number 665 the following charge APP
pears. -,
"First because the said Lewis w.
Monitor. who is now holding the Of
flee of sheriff for the county of cum
berIand and who has held SAID once
continuously since the first day OF
January, 1913, wilfully or coffuptt9
refuses or neglects to perform the du-
ties required of him as such sherlH ny
section 50 of chapter % of the Re-
yised Statutes of Maine. as amended.
That said allegations and charges
are general, indefinite, uncertain, ann
biguous and contradictory.
NOW. THEREFORE, the said Lewis
w Noulton respectfully requests that
he be furnished with a specification CT
specifications of the matters referred
TON in said address and said resolve.
Il general
charges be made certain, DEFINITE ana
precise so that he may thereby be IN
formed as to the charges which ne
may be called upon to answer.
fSipned) LEWIS w. MOULTON,
By VIM r. PATTANGALL,
WILLIAM II. CULVER,
IRVING L. VERNON,
His Attorneys.
To this communication the attorney
general replied as follows:
Augusta, April A, 1919
To Hon. w. +. PattangaH, William II.
CULVER, Esq, Irving f.. Vernon, Esq,
Attorneys for Lewis w. Moultoni
In relation to the request of Lewis
w. MouIton, directed to me as attor-
ney general, that specification or speci-
lltdtiblo Va tiif- iiifAesNi ~ ~ -.
House Resolve No. Cos be furnished
him, permit me to say that in my
opinion the attorney general has no
authority whatsoever TO in any way
add to or take from the causes as
signed by the Honorable Senate as
the causes fer the removal of any pub
lie officer
/ am communicating my views to
you thus early in order that you may
take such steps as you deem proper
to procure specifications in relation 20
said charges from the proper sources,
il you so desire.
Respectfully yours,
(Signed) SCOTT WILSON,
Attorney General
The convention will, L assume,
agree with me that this is the first
opportunity which the counsel for Mr..
Moulton has had 10 request of the con-
Vention that which the attorney gem
eral very properly, it seems to me,
states that he is unable to give; and
we. respectfully request that the pa
pers be made a part of the record
and that some specification be fur
nished us ~ to the charges against
Mr.. Moulton.
-,