Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-03-28

u 'i'Si ~ ieiuseSatu 0floin ms dutN;
all which gives to the Governor any
dlfect power, or authority over that
, oHleef, except by Revised Statutes.
Shapter y, section >, which, provides
that he. the Governor. has Che ri.ht
10 order, such officers To perform
| their duties. but To my mind this riahf
To order. or the order as given.
! could have no force or affect up3n nm
officer who does not obey the Statutes.
| ours is a Government of Law. MOI
| men. The impotence of 4 mere or
DER as a weapon for cffrct.y,. ne.
| under such circumstances. in the
hands of q Governor. must be onyious
| TO anyone able tn read our Statutes.
1t is true that by what is common
~ known as the "Oaltes Law" tChap-
| ter Al, p. l.. 1905) ii is especially pro-
Vided that ANY sheriff. deputy sheriff
| or county attorney, who shah wilfully
or corfuptly refuse or neglect To per
| form any Of the duties required bv
| this Section. shall be punished by fine
| not exceeding $1,000. or by imprison-
ment not exceeding one wear :" and
| the duties required by this Section.
are to diligently and faithfully in
quire into all violations of law with
IN their respective counties, and in
stltute proceedings in case of VIOLA
| tons or supposed violations of law
and particularly the law against H.
| legal sale of intoxicating liquors. and
| the Keeping of drinking houses and
| tipping shops, gambling houses or
| places. and houses of ill-fame"
rms Statute has no practical
method of enforcement as il is not
| likaiN that county attorney would
prosecute himself or the sheriff of his
| county, especially when the two were
| OF the same political party
1t is true that a Governor would
nave the right to request an attorney
| general 10 go into any county and con-
duet 4 prosecution of such officer or
officers for not complying with said
statute, but there is no Statute. re-
curing OF the attorney general the
| performance of such duty, and il is
doubtful If, with the work now i'm
Office and without any provision for
assistance. he could find time to con-
duct such prosecutions
understand an amendment to this
Statute is not before the Legislature.
especially requiring the attorney gen
efill TO do such work, and in case he
uoes not find the time. to request of
the court the appointment of some at
torneY to conduct such prosecution, to
be paid from the county treasury
rms seems TO me a very reasonable
amendment, and It might give To this
But such an amendment not yet
passed does not cover the present
situation. What the people want is
the enforcement of the law against
the Illegal sale of Intoxicating liquors,
and not the punishment by fine or
Imprisonment of officers who fail To do
| that work They want such officers
removed from office and other put in
their places who Will enforce such
laws, honestly and conscientiously.
At least, this is my conviction of
what our people want. If the last
election in this State said anything,
it said just that With this belief.
and after a careful examination of
| the Constitution and Statutes in re-
gard To this matter, ! see but enc way
open To me as the chief executive of
this State,
In compliance with the promises
which were made by implication, at
least. 10 the people of the State in the
last campaign. where myself. and
others in my behalf. and in behalf of
the party | represent. and also in ac-
cofdance with the oath which | took
when | assume the office of Governor,
feel that | should submit TO your
honorable body for removal from Of
flee, such officers as have failed to
comply with their oaths of office by
| neglecting and refusing to follow the
mandate of the Statutes they were
| elected to enforce. He.t
/ | am informed that the so-called
prohibitory law is fairly we'll enforced
| in eleven counties of the State; that
| il is partly enforced in two or three
other counties of the State, in the ru-
raj sections; but that in the cities
| of at least five counties it is not fair
| " or honestly enforced by the sher-
| ifs of these counties and the depu-
ties under them. | am further in
| formed that in some of the counties,
the county attorneys have not only
failed, but neglected, and. i'll some In
stances refused TO perform their du-
ties as clearly expressed by our stat
utes
Personally ! know nothing of these
matters, but this information comes
to me from what | consider reliable
sources-from citizens whose state
ments / am bound to credit, II comes
by petitions, accompanied by charts
showing localities in cities where the
liquor traffic is carried on openly ana
conspiciously without interference from
any public officer. These assertions
are accompanied by afiidayits. ana
witnesses are anxious to go before
your honorable body and testify To
! the actual conditions of things in tins
regard in different localities of the
state. These petitions, statements ann
affidavits are coming to me daily, ana
if seems to me that | would be rec
reant in my public duty did | not give
heed to them.
The most fragrant and complete
case which has been presented TO me
is that in the County of Cumberland
particularly in the City of Portland
| Accompanying this message l submit
a statement stating the number oil
places and designating the streets
where liquors are sold in open viola
ton of the law, also 4 chart showing
. npn,her of places in the vicinity OF