Daily Kennebec journal., 1914-02-27
CONTINUED from Page one)

quircd jurisdiction, is acting in the
exercise of sovereign power, and is
accountable only to the people for the
manner in which it performs its func-
tiens."
The full text of the opinion follows:
Lewis W. Moulton, relator, VS..
Everett G. Seully, on report.
Opinion, Spear, ].
While the report of the proceedings
in this case is quite long and many
questions of law and fact are raised by
the relator, yet only three pertinent
inquiries are involved.
The relator was elected and qualified
as sheriff of Cumberland county for
the term of office beginning January l,
1918. On the second day of April fol-
lowing, the Senate and House of Rep
resentatiyes passed in concurrence the
following resolve:
STATE OF MAINE.
Resolve in favor of the adoption of
an address to the Governor for the re-
moval of Lewis W. Moulton, sheriff for
the county of Cumberland.
Resolved, That both branches of the
Legislature, after due notice given, ac-
eording to the Constitution, will pro-
ceed to consider the adoption of an
address to the Governor for the re-
moval of Lewis W. Moulton, sheriff
for the county of Cumberland, for the
causes as following:
First. because the said Lewis w.
Moulton, who is now holding office OF
sheriff for the county Of Cumberland,
and who has held said office continu-
ously since the first day of January,
A. D. 1918, wilfully or corruptly re-
fuses or neglects to perform the duties
required of him as such sheriff by sec
ton sixty-nine of chapter twenty
nine of the Revised Statutes of this
State as amended by chapter forty-ene
of the Public Laws of nineteen hun
dred and FIVE. and particularly his du-
ties as said sheriff in enforcement of
the law against the illegal sale of in
toxicating liquors and the keeping of
drinking houses and tippling shops.
Resolved, the House of Represen-
tatives concurring, that these resolu-
tions and statements of causes of re-
moval be entered on the journal of the
Senate and copy of the same be
signed by the President of the Senate
and served on said Lewis w. Moulton
senate shall appoint for that purpose,
who shall make return of such service
upon his personal affidavit without de-
lay and that the first day of April, at
eleven O'Clock in the forenoon, be as
signed as the time when the said
Lewis w. Moulton may be admitted to
a hearing in his defense"
This resolve, with the evidence of its
l,A LOT hnn mn
foundation of the hearing and subse-
quent request of removal, by address,
although the governor acted affirma-
lively, the attack here made is upon
the regularity of. the legislative, not
the executive, action. The address
reads:
THE Senate and House of Repre-
sentatives in Legislature assembled
present this address to the Governor
and request the removal from Office
of Lewis W. Moulton. Sheriff Of Cum
berland county, for the causes follow
ing: Because the said Lewis w. Moul-
ton. who is now holding the Office of
sheriff for the county of Cumberland
and who has held said office constinu-
ously since the first day of January,
A. d. 1913. wilfully or corruptly re-
fuses OF neglects TO perform the duties
required of him as such sheriff by
section sixty-nine of chapter twenty
nine Of the Revised Statutes OF this
State, as amended by chapter forty
one of the Public Laws of 1905. and
particularly his duties as said sheriff
in enforcement of the laws against the
illegal sale of intoxicating liquors and
the keeping of drinking houses and
tippling shops"
To the action of the legislature. in
moving and adopting the address, and
of the governor in removing Sheriff
Moulton. he has filed objections and
assigned twenty-five causes of error in
the proceedings. /
But in view of the constitutional
jurisdiction of the tribunal that
initiated and concluded the proceed
ings, we are of the opinion that but
three of the objections raised author
ize or permit of consideration by the
court.
II we now proceed to discover the
jurisdictions assumed by the Legisla-
ture in this case, we find 1t conferred
by Article TX, Section of the Con-
stitution, and reads as follows: EVERY
person holding any civil office under
this State, may be removed by I'M
parchment, for misdemeanor in office;
and every person holding any office
may be removed by the Governor, with
the advice of the council, on the ad.
dress Of both branches of the lesisla-
ture. But before such address shall
pass either house, the causes of re-
moval shall be stated and entered on
the journal OF the House in which II
originated, and copy thereof served
on the person in office, that he may be
admitted to a hearing in his defence
BY this provision it will be observed
that the legislature in address proceed
ings. is required to do three things:
ID State the causes of removal and
enter them upon the journal: ~ serve
notice On the person in office: and go
admit him to a hearing. Otherwise
than this there is no limitation upon
the power of the legislature in the
conduct and determination OF these
proceedings. Whether address or i'm
parchment should have been invoked
is a question of Interpretation and will
be noted later.
II is not in controversy that the leg