Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-04-19
MEMS CLUB HEARS ADDRESS
BY GOVERNOR CURTIS Who IS
TUESDAY GUEST OF HONOR THERE

This means to put the burden on the
governor, or, in other words, that the en-
forcement of the laws rests in the exec
utive part Of the government, by the
governor, as defined from directing and
ordering the affairs of State by the gov
ernor and council combined.
But what power has the governor
alone to enforce the laws?
Certainly he is not, in himself, de-
partment: and anyone having desire
to redress a wrong or grievance must APP
ply to a department, in fact, either of
them, as the constitution states.
1.-THE executive department is peculiarly
favored in this respect, and is sometimes
perturbed lest it infringe on the powers
of the other departments, in attempting
to redress grievances.
"And of necessity the executive depart
ment is often obliged to investigate it's
power to protect itself from ridicule.
| 1.-THE Legislature, when in session, may
punish by Imprisonment any person not
member for disrespectful or disorderly
behavior in its presence, for obstructing
any of its proceedings, threatening, as
saulting or abusing any of it's members,
for anything said, done or doing in any
house, provided that no Imprisonment
shall extend beyond the period of the
same session.
'"They may remove by impeachment
every person holding any civil Office
under this State
"They can make laws to suit them
selves by two-thirds vote over the gov
errors veto.
1.-The judicial department can punish
by imprisonment according to law, can
punish by contempt, and in fact it seems
to have sufficient power to enforce the
rights of the department.
1.-THE governor, or the executive depart
ment, has no authority like either Of the
other two departments. 1t would almost
seem that the judicial department would
be the power to enforce the laws, as it
has. the tools to work with so far as
punishment is concerned as also the
legislative department when it is in ses-
sion.
1.-The judicial department can send law
breakers to prison, and when it does the
prisoners are in the hands of the execu-
tive department which can release them
from prison. 1t would not seem right to
have the power to imprison and to re-
lease in the same department.
"Wouldn't it seem about the proper
thing to do, for instance. for those who
wish punishment meted out to those who
break the liquor laws to petition the
judicial department to redress their griev-
ances; and then If they succeed in getting
anyone punished by Imprisonment and
wish to get him out of prison they could
petition the executive department.
: POSSIBLY the constitution may mean
that the governor shall take cart to see
that the judicial department properly
executes the laws after it gets a cuprit
but probably not, because one depart.
ment is warned by the constitution not
to exercise any of the powers of the
other; although the governors care In
this case might be construed as exercise
of their power.
Zone thing is evident. One cannot be
disrespectful to the Legislature OF the
judicial department with impunity.
Judge Emery has said that the exec
utive officials in any county may defy
the governor and practically nullify any
law Of the State in that county.
THAT might seem dsrespectful to thu
supreme executive; but he has no rea
power to force respect in a legal way.
, 1.-THE one thing for him to do is not t.
consider it disrespectful, as the onl,
, way out.
9 "In summing up the whole proposition
: is 1t any wonder that it is possible TO
e the courts to pass either way on nine
l tenths of their cases, and rightly, by tn
reason of the conflict of the laws?
at is my pleasure to uphold the con
I stitution so far as it gives me the power
D but I cannot be responsible beyond that
S 1.-The influence of the Office is powe
D which may influence governor to do IA
better than the constitution would indi
cate, and there is also virtue in the fac
that when the Legislature is adjourned
it would appear that the whole power
I except the judicial. must be in the hand:
of the executive department.
E mo doubt legal minds can find man,
I holes in this reasoning, but this is as i
t looks to any one who has not a lega
training.
"Is it any wonder that governors some
e times fall by the wayside?
r ITO my mind the executive position
should be filled by one of a business turr
= of mind, because the judicial and legis
5 lative departments care for almost every
D thing but the business end of the affair:
of State, although the constitution pro
= vides that the governor shall take care
that the laws are faithfully executed.
Q These remarks are not intended as {
b. complaint but only to present the cast
= for consideration.
II believe that it is possible to give
( satisfactory administration but one mus
i be surrounded by officials of the sam,
= spirit and the present governor has beer
s particularly fortunate in that respect.
These remarks simply illustrate how
y easy it is to conduct the affairs of tn,
State smoothly and evenly without tn,
t three departments interfering with eacl
other.
e 1.-The executive department gets tn,
y greater share of the blame for them all
y and it is expected to be so without com
d plant.
Y ITO my mind the courts are the rea
e power. and it was particularly gratifyin,
8 to me to have the privilege Of dividing tn
l. supreme justices SO that the court canno
. now be accused of being partisan board
i: and this is the first time in the history o
It the State that it has been in position t.
o successfully avoid any insinuations.
IT have never been in favor of the re
raIl Of Judges for the sinnle reasou tha