Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-07-13

re-esto blished as fundamental law
of the state. After / was elected gov
ernor and took my oath of office, re-
membering these statements and
pledges that I had made to the peo-
pie of Bangor and in every other place
in the state either by public speech
or by publication, l began to hunt
again our constitution and statutes
to see what authority and power a
governor had over this question of en-
forcement of the so-called prohibitory
law, and / hunted the statutes in vain.
Not one line or one word was there
giving him power or authority in this
matter. I then turned to the consti-
tuition, and there l found one line, sec
ton IL, art 5, which says, He (the
Governor) shall take care that the laws
be faithfully executed" I was inaug-
urated in Office, and held up my
hand and took an oath to support the
constitution and laws of the state.
Now, a governor has no more power
than any other public officer except
as given him either by the constitu-
ton or by the Statutes of the state.
People do not appreciate generally this
fact, but ours is government of law
and not of men. The laws have been
made by the Legislature, the people
chosen representatives, from year to
year, and bi-annually, since 1890. Public
officers arc public servants and their
duties are prescribed by the statutes
and their salaries fixed in the same
way. They are the hired men of the
people Each Office has it's peculiar
functions and it's particular duties to
perform, all provided for by statute
The people are supreme, and they
express their power by legislative en-
actment, which we call statutes hav-
ing first and from time to time there
after ordained the constitution which
is the fundamental law of the state,
that is, no statute can be passed in
viola tion of the constitution. 1t is
the states charter, so to speak. The
people can change this, or amend it
from time to time as they have done,
and as they did when they made the
amendment forever prohibiting the
manufacture and sale of Intoxicating
LIQUORS in this state.
Now, as you all know, for many
years at different periods, In different
times in different counties. this consti-
tuticnal provision and the statutes
which have been enacted from time to
time to carry into effect, providing for
purishments for the sale and keeping
for sale of Intoxicating liquors have
been violated, and the violation not
taken notice of by public officers whose
duty it was to do so That is what
is popularity known as notification
pertained at different times in different
parts of the state. Now the sheriffs
by special statute are especially
charged with the duty of enforcing
the laws against the sale and keeping
for sale of intoxicating liquors. There
are many statutes upon this subject,
and the sheriff and county attorney
are especially delegated by the stat
utes of the state to see that these laws
are not violated or that those that
do violate them are punished by both
fine and Imprisonment. Now, of course,
behind all these laws. is the public
sentiment of the state, which believes
that intemperance is an evil and an in
jury To the people, and that by keep
ing liquors away from people we have
less intemperance. Everybody knows
that human nature is weak and sub
ject 20 evil influences, and those who
are not subject to these evil in
f1uenGes, especially young people, are
more likely to grow up free from the
damaging effects of intoxication, and
make better citizens. In other words,
the whole scheme of prohibition is
based upon the belief that it is for the
benefit of the people. Now in civil
government, the people are supreme.
All power is vested in them, and they
have so declared on this particular
matter by a majority vote, both
through their constitution and by the
laws made by their representatives.
Not long after l was inagurated as
governor received complaint by let
tiers, petitions, affidavits and inter
views, from good honest and reliable
citizens, claiming that the prohibtory
law was not being honestly enforced
and that a condition of notification
existed in several counties of the
State So much of this evidence ac-
cumulated in my office with reference
to Cumberland county that l felt it my
duty, under the provision of the con-
stitution above referred to, demanding
of me as governor to take care that
the laws be faithfully executed, to
submit this question to the legislature
which was then in session, and l did
so, asking that their sheriff. Louis A.
Moulton be tried for impeachment,
and if found guilty. that he be re-
moved from office. In making this
statment, said that had other cases
in which evidence was accommodating,
and which l expected to submit to
them, when l had sufficient, if l re-
ceived it, upon which to base such a
proceeding. The Legislature i'm
patiently demanded of me to give them
the names of these counties, and l did
sc, and without my asking for the i'm
parchment of any one else or the trial
of anyone for Impeachment, they i'm
mediately proceeded on their own
volition to commence Impeachment
proceedings against the sheriffs of
three other counties, among which
was Mr. Emerson, sheriff of Penob-
scot county. l state this because l
want Mr.. Emerson and Mr.. Emerson's
friends to realize and appreciate that
he was presented for Impeachment