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

Convention, this case in some respects
has some different aspects from those
which have previously come befor'
you. In the three other cases which
have been heard the question of thu
diligent performance of the duties o.
sheriffs of the several counties of the
State has been the matter under con-
sideration. In these proceedings the
/ question of the faithful Performance,
of the other branch of the prosecuting
| department OF the State is now up fo
your consideration.
Now, when my eloquent brother IN
opening this case suggested that the
State was asking of the county at
! torney TO perform duties which 1t was
absurd and unreasonable for him to
perform, he was setting up straw
man to knock down for the effect that
| il would have upon the members OF
| this Legislature My brother Skel-
| ton in opening the case expressly
| stated that of course the part OF the
statute that requires the county at
/ torney To go cut and serve warrants
was only intended to apply to the
sheriffs of the county II has never
been suggested by my brother II
opening or by any of the evidence put
into the ease here that there is aly
expectation whatever that the county
attorneys shall serve warrants. The
statute does require, however, that
the sheriffs and the deputy sheriffs
Shall faithfully and diligently enforce
the several provisions of this same
chapter OF the Revised Statutes re-
lating to tie sale of intoxicating
liquors.
NoA in the administration of the
auty, gentlemen. | think all of you
know. whether YOU are lawyers 9r
laymen. that the Office of the prose
cutting attorney is equally important
in securing results with that of the
sheriff of the county. and while his
duties are Of a different character,
the statute lays just the same bur
den upon him in the performance of
them that it does upon the sheriff
and his deputies, that he shall faith
fully and diligently perform these
duties the arm of the law that prose-
cutes the yiolators of this section Of
the statute is paralyzed, it does not
make any difference which one Of
them it is. so that 1t is just as I'M
portant that you should give due con-
sideration to this case as it has been
that you should give consideration -
the cases relating to the several
sheriffs that have come before you.
Ny brother has laid great stress up
ON the proposition that you must ind
neglect, wilful neglect or refusal to per-
form his duties since the first day of
January, 1918. We admit that. gentle
men; we accept that proposition. And
he SAYS that the acts that have takea
place in Andreseogsin county, so far
as the performance of the duties are
concerned, there is nothing in and OF
themselves that idicate or could be con-
strued by the widest stretch OF the im-
agination to be any wilful neglect on
the port of the county attorney. Now II
might be, gentlemen, if that was all
there was to the case, and If you didn
know anything about the enforcement
of the law and the practise in tile
courts and ell there was in the case
was simply record of 81 indictments
found at the January term of the grand
Jury and their default and an order OF
scire facias to issue, and on the failure
To issue them, if that was all the evil
dence there was in the case, why, il
might be that that unexplained ane
without anything to throw any ligi't
Upon those acts or failures TO act, tii&'
there would not be sufficient evidence
upon which you could properly ask tht
Governor to remove the county attor-
ney.
NV brother has laid great stress upon
the fact that we saw fit 20 put IL evil
tlence here relating to the sale of in
toxicating liquors in the county of An
droseoggin, and the great amount tina
came in there, and the large number %
rum shops that existed there. and al
those elements that we would have IN
troduced if sheriff Lowe had been OF
trial; but, gentlemen, when you cora
to look at the matter and consider tho
whole question, it is those very pieces
of evidence that throw a light upon tn
acts of this county attorney in the Jan
uary term, 1913. that speak to this con
vention and that speak louder thai
any possible words he could utter or
this stand as to what the Significance
OF those acts NOGlu DC, anu "HtlHSi
or not he has faithfully and diligently
performed his duties as prosecuting Of
ficer of that great county.
Now, gentlemen, either the law II
Androscogein county for the last tW'
years and three months has been faith
fully and diligently enforced or it ha!
not. l don't suppose there is any ques
ton in the minds of any member OF
this convention that it has not beel
properly, effectively ad diligently en-
forced in two wears and previous L
that time; and if there was any otEel
evidence needed upon the point, th'
evidence of Mr. Hines himself that III
| felt called upon to speak to the sherlf
and his deputies ought to be suf.icien
| to- indicate that 1t was not enforced
| properly during the two years previous
| and that very fact that the sheriff o
| Androscoggin county was unwilling t.
! stand trial before this convention
| speaks louder than any other words a
| to What has been going on over Their
| in that county.
| Gentlemen, | do net believe yen hav
! the slightest question but what tn
same condition, if not worse ccndI
ton. has existed in Androscoggin coun
| ty during the last two years and thre
months than has been depicted to 20