The Bridgeport evening farmer., 1916-12-01
Maine is UPSET
AT PROSPECT OF
REAL PROHIBITION
Plan to Force Removal Of
Sheriffs Who Fail
to Act.

Augusta, Me-, Dec. Legislative
gossip just now centers largely around
the probable action of the new ad-
ministration relative to the tighten
ing of the Maine Prohibitory law. The
18th legislature will convene the first
Wednesday of January, and it is eX-
pected that the gubernatorial mes
sage will be devoted largely to this
particular subject. It was one of
the strong planks on which the In
coming governor was elected.
An epistolary debate has been go
ing on over the state for the past
few weeks among officials and politi-
clans on various phases Of the ques-
ton. It appears to be generally ex-
pected that there will be two re-
solves, at least, presented to the AS
sembly, one providing for Constitu-
tional amendment to give the COVER
nor power to remove sheriffs who fail
to enforce the law, and the other
measure similar to the so-called Hast
ings bill, which would compel judges
to give straight Jail sentences in Ii
quOr cases.
AS the law reads now, the only way
that a governor can reach sheriff
or county attorney who nullifies the
law is through impeachment proceed
ings by the legislature. That might
apply if the legislature were in con-
tinuous session, but during the in
terval the only recourse that a gov
ernor has is to call a special session,
which would be expensive.
Should the next legislature pass
resolve for constitutional amend
ment giving him the right to remove
delinquent sheriffs, the governor may
call a special election for the people
to pass on the question, or he may
defer the action until the next gen.
eral election. Should the people ac-
cept the amendment, the law would
be operative in 80 days afterward.
Though the Cakes law, so-called,
has been on the. statute books since
1905, it has never been placed in
operation. Hon. Henry W. Cakes Of
Auburn, a member Of the House at
that time, is feeling that the law has
not sufficient teeth on the ground
that grand jury sitting in a county
would not be anxious to indict his
own county attorney or sheriff.
The act provides that any sheriff,
deputy sheriff or county attorney who
neglects to perform his duties shall
NC 1lllcO Yl,VVV VI IMPRISONED one
year. This law was amended by the
legislature Of 1913, providing for the
Attorney General to take charge Of all
investigations before the. grand jury.
An act may be presented to the leg
islature giving the governor power to
remove county attorneys. This will
not require constitutional amend
ment, as the Office Of county attorney
is a statutory and not constitution
al one.
The so-called Hastings bill, intro
duced in 1909, passed both Houses,
but was vetoed by the governor and
1t failed Of the necessary two-thirds
vote over his veto. This was a bill
to give straight Jail sentences in Ii
quor cases. Gov. Fernald at that
time felt that the bill deprived the
courts Of a certain discretionary pow
er in criminal cases which has existed
in principle since the early history Of
Jurisprudence in this state. This bill
has made it's appearance at each sub
sequent legislature, but has not made
much Roadway.
Making the governor guardian Of
sheriffs and county attorneys is not
the remedy for nullif1cation,'' says
Atty. Gen. w. r. Pattangall. "The
guardianship theory of governors
played out years ago. The hole in
that proposition is that governors are
just as apt to need guardians as are
sheriffs, and to make it fool-proof it
would be necessary to give somebody
power to remove the governor, if he
did not remove the sheriffs and then
we would need someone to- remove
the man who ought to remove the
governor, provided he did not act
promptly in his sphere, and so on
until we had pyramided guardians on
guardians until the system gets top
heavy and falls down.
ga whole lot simpler plan is to
leave our laws as they are. Take the
prohibition question out Of party pol
itics and all hands get together and
give enforcement fair trial. If it
works half decently, keep on trying
it. If it doesn't, try some other law.
A law that cannot be enforced with
out turning our whole system of state
government wrong side up is not