Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-07-18
STATE HOUSE
Special Primary Election Aug. 3
In Sagadahoc to Nominate
Candidates for County
Commissioner
Instructions for State
Highways and Roads Main
tenance-Capture of Ca
madam Poachers

A proclamation has been issued by
Governor William 7. Haines calling a
special primary election August 8 in
Sagadahoc county for the purpose of
nominating candidates for the office of
county commissioner in that county,
as set forth and explained in the fol-
lowing extract from the proclamation:
Whereas, Morrill, Mckinney of
Richmond, in said county and State,
who was elected county Commissioners
for the county of Sagadahoc, in Sep
TENDER, 1910, for a term of six years
from January l, 1911, resigned from
that office May 81, 1914; said resigna-
ton taking effect June 1, 1914. and
Whereas, Charles w. Jack of Rich
mond, in said county and State, has
been appointed to said office by the
Governor, with the advice aud consent
of the Council, under the provisions of
Section of Chapter so of the Revised
Statutes, to serve until January 1,
1915, at which time a vacancy will ex-
list;
Therefore, You are hereby directed
and required, in the name of the State
Of Maine to notify and warn all legal
ly qualified voters to attend at the
regular voting places in your respee-
tive city and towns in said county, on
the first Monday of August, 1914, be-
ing the third day of said month, for
the purpose of voting for persons to
be nominated by their respective
political parties as candidates for the
CT IA
county of Sagadahec for the unexpired
term ending January l, 1917, to be vot-
ed for at the regular election to be
held on the second Monday of Sep
TENDER next.
The situation i'll Sagadahoc county
is another one not provided for by the
primary law. The time set for the
limit of filing nomination papers with
the secretary of States office was the
first Monday in May and Mr.. McKin-
ney's resignation was made May 81.
The time being so short that the va
cancy was not considered for the re-
cent primaries and the Governor and
Council later filled the vacancy until
Jan. l, next, by the appointment of
Charles w. Jack, when another va
cancy will occur.
In order to ascertain the method of
procedure, which the law has over
looked, Secretary of State Jos. E.
Alexander asked for an opinion on the
matter from Attorney General Scott
Wilson, which was recently received
the proclamation following it at an
early day. The opinion says:
Attorney Generals Opinion.
In connection with the nomination
and election of county commissioner
in Sagadahoc county to fill the unex
pired term of the commissioner re-
Gently resigned, l have examined the
primary law and also the law relating
10 the election and filling of vacancies
in the office of county commissioners.
Chapter So Revised Statutes 1903,
does not seem in terms to provide
when a vacancy is to be filed by cleo
ton, and slight ambiguity has arisen
from retaining the language of the
amendment, changing from annual to
biennial elections. l find, however,
that when it was first provided in 1912
that county. commissioners should be
elected by the people, that it was also
provided that any vacancy should be
filed at the next September election
after the vacancy had occurred. While
that provision has not been included
in any of the revisions, 1t has appar-
emily been followed and no question
was raised as to the propriety of such
a course in the case presented in the
Opinion Of the Justices. 80 Maine 609;
and it was there held that an election
to fill such vacancy is for the unex-
pired term.
1T would. therefore. seem to be clear
that there should be an election next
September to fill the vacancy for the
remainder of the term caused by the
resignation above referred to. Such
being the case, under the terms of the
primary law, 1 am of the opinion that
for the Office to be filled
at that time should be filed by
primary election in that county, as
the terms of the act in Sections l and
20 seem to be explicit on that point.
While there seems to be no express
provision of the statute covering the
calling of a primary election under
such conditions, I should recommend
that the Governor make proclamation
for a primary election to be held in
county for the nomination
of a candidate to fill the unexpired
term as in the case of a special election
under Section % of the primary law"