Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-14


half of the respondent were then ad
r dressed to the convention by MIR. Nc
Carly:
| AIR. President and gentlemen of the
, convention. it has been suggested here
by counsel for the state that this case
to which you are now giving -FOUR at.
, tention differs from the cases which
you have considered during the past
week. and so far as that statement is
concerned we agree absolutely with the
state. They also say that although
) this case is different. yet in the next
breath they maintain that it is the same
so far as evidence that will be intro
duced. and so far as the duties that they
claim are incumbent upon county at
torney.
As this resolve now appears before
this convention Mr.. Hines, the county
Iattorney for Androseoggin county, APP
pears here charged with wilfully refus-
ing or neglecting to perform his duties;
and l presume, gentlemen, in order for
You TO find a verdict of one kind or an
other upon this resolve that it is neceS-
sary for you TO be Informed as TO just
what county attorneys duties are.
Now here is where the defense differs
from the prosecution, if | may term 1t
that They say under this particular
Isection that the county attorney is
charged with the performance of certain
duties; they say, and | will read it. and
il has already been read to you. but
will read 1t again,-that the law says
that "sherins and their deputies and
! county attorneys shall diligently and
faithfully inquire into all violations of
law within their respective counties,
| institute proceedings in cases of viola
tons or supposed violations of law. and
| particularly the law against the illegal
sale of intoxicating liquors and the
keeping of drinking houses and tipping
| shops. gambling houses or places and
houses of i'll fame, either by promptly
asking complaint before magistrate
| and executing the warrant issued there
| on, or by furnishing the county attor-
| ney promptly and without delay with
| the names of alleged offenders and of
| the Witnesses
This law was somewhat different in
| the past Up to 1891 this law remained
| the same as il is today. with the ex-
eeptions that at that legislature it was
| amended by inserting the words land
county attorneys" Now il is the con-
| tention of the state as | understand it,
that county attorney is in the same
position as a sheriff or a deputy sheriff
and that he is encountered with the
same duties as one or the other of
them. We maintain as legal propo-
sition that such contention is not only
unfair but absolutely unsound
The legislature says here that they
snail inquire into all violation of law
How shall they prosecute those viola
tons of law in this particular section?
They say it is the duty of the county
attorney to make a complaint before
magistrate and execute the warrant
| isued upon that complaint Now is il
the contention of my Brother SHELTON
in this case that it is the duty of the
county attorney, or that it was his duty
when he was in Office. or the duty of
any county attorney in office in the
state of Maine at the present time 10
go before a magistrate and ask for the
| issuance of a complaint and then go
out upon the street and execute that
| complaint? That is what they are in
sisting upon here, gentlemen. as a duty
of the county attorney; and yet l do
moment that such duty is incumbent
upon a county attorney. The idea, gen.
tlemen. of county attorney going
INTO municipal court and obtaining a
warrant, and warrant issued not to
the county attorney but to a sheriff or
Il deputy sheriff or any constable with
in the precinct that that court has iuris-
diction over Think of him. the county
attorney. asking for that warrant and
then going out on the street and execut-
ing il against violators of the prohib-
tory law. That is the duty of the
sheriff and the deputy sheriff, and it is
not the duty of the county attorney.
and nor did the Legislature intend il to
be the duty of the county attorney, and
II that was the fact he would have to
go and hold a conference with himself
and furnish himself with a list of all
the interested witnesses. Such propo-
sltlon, gentlemen, is folly, and ] cannot
understand for moment that this con-
Vention will consider it seriously.
Let me give you my ideas what the
legislature did mean, what the law Of
Maine demands of its county attor-
| neys. Following that same section
4
another section. which reads as fol-
| lows:
Section 20. County attorneys shall
| cause to be summoned promptly be-
lore the grand jury, all witnesses
| whose names have been furnished
them by any sheriff or his deputies,
as provided in the preceding section,
and shall faithfully direct inquiries
before that body into violations of
law, prosecute persons indicted, and
secure the prompt sentence of con-
victs.'
| And when you read that section
you then get an idea of what the
county attorneys duties are. He is
not sleuth, a detective to go out
ana execute warrants. There are
other officers for that purpose. He is
there to summon promptly before
grand juries all witnesses whose
names have been furnished him. he Is
| there to procure indictments he is
there to prosecute those indictments,
and see that the guilty are punished,
and we maintain in defending Mr.
hot lie. axat