Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-03-26

incumbent Of that office, and it CAV
the fullest consideration and hearint
TO al the parties, including tn incum
Hhent of the office himself
Attorneys appeared in favor of the
abollshing of this court and they pre-
scented evidence The county attor-
ney Of Waldo County, who by the way
is Democrat, a member of the State
committee from that county, wrote
letter to the committee, not being able
10 be present. | will read from t.
office of Benjamin f. Littlefeld At
torney at Law, Belfast, Maine. The
first thirty-seven warrants coming
from the Belfast Municipal Court,
which included both appeal and bound
over cases. were defective for lack of
a proper seal upon the warrant, and
was obliged to get indictments by
the grand jury on these same cases
| where the evidence seemed to warrant
| a conviction. At the next term OF
| court the warrants in the appealed and
| bound over cases contained the same
defect, lack Of proper seal. Again, in
a great majority of cases The body of
the warrant has been defective the
l'Hhil btIltsa lilsll ~ fiNli't'iiS 81 VI ~"
cases coming from the municipal
| court have remained on file or been
mol pressed"
The county attorney claims that on
account of the inetIiciency of the
Judge of the Belfast Municipal court
nearly all the warrants that came tc
the Supreme Court from his court had
| to be mol pressed or placed on file.
The county commissioners which Is a
mixed board of Democrats and Republl-
| cans were in favor, through their at
| torney representing them, of the abol-
| ishing of this court and of the incumbent
in office Where SO many search and
| seizures and other criminal processes
were mol pressed, the officers who served
these different processes from that court
| received their costs, but the county got
absolutely nothing in the way of fines to
| compensate them for the money paid out.
So that the bills of costs had run up to
large figure, and the county, on ac-
count of the ineffciency, to put it mildly,
of the Judge of that court, was not able
TO collect any fines 10 Offset the costs
which were made.
The evidence showed that on several oc-
easions after man had been arrested
upon Il warrant, brought into court and
was arraigned, his attorney calling the
attention of the court to the fact that
the warrant was not signed. that the
Judge then and there signed the warrant
by which a man was dragged into court
IA most unusual most unprecedented
proceeding.
There was further evidence that the
attorneys had no confidence in the abil-
lily of the judge to decide causes in civil
actions. and rather than take his judg-
ment they waited and entered their
| eases in the supreme court, or if they
entered them at all in the municipal
court, that they We're removed to the
supreme court if that thing was pos
sible.
Now, as l said before, the evidence
presented to the committee seemed to
| warrant majority Of the committee in
believing that the present incumbent
of the office was Inefficient. incapable
and disqualified for filling the office to
| the satisfaction of the people Of Bel
fast and of that county. It is Sc
rious matter, Mr.. President. when JUS
tice is hampered and delayed and hin
| dered because Of the inefticiency of the
court. II Goes make EOISl1EIdDlt I'LL
| ference to litigants in the determna-
| ton of their rights, whether the court
which will hear them has ability. dis
eernment, foresight. legal acumen, to
| decide those questions upon the merits
| and according to the law. Ii such is
not tie case, the decisions of the court
have no standing, they do not have the
respect of the community. and the peo-
I
as decisive.
| Now, as | said before. this was an en-
barrassing matter, but there was no pol
tics in it rs far as l could see. And
l wish to say now TO all who are within
the hearing of my voice that if this Leg
islature should see fit to adopt the major
| ity report in this natter lie majority
of this committee Will have no objection
to an amendment being placed on this
bill that the Judge OF the police court
shall be of the same political party as
the former judge. Because l assure you
that it is not-nor would L be in my
place standing up here advocating this
matter--it is not for the purpose of turn
ing out a Democrat and putting in a
Republican that the majority of the COM
mittee signed this report. 1t was for the
purpose of enabling the people of that
county to procure an able and an etfl-
cient Judge.
Mr. MOREY of Androseoggin: Mr..
President and gentlemen of the Sem
| ate l wish 10 say a word or two i'll
regard to, this matter. and first of ALL
that l believe that Senator bailey is act
ing absolutely in spirit of non-partisan-
ship. l do not believe for a moment
that the purpose which actuated the ma
jority OF this committee in so reporting Is
based at all upon any political action.
i did not attend the hearing. 7 do not
| know the facts that We're made TO appear
to the committee. But a divided report
is put in here.