Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-11-22
Editor 5 Letter Box
PattangaII to Emery.
,d;,or Kennebec Journal:

C0tS0U3Np ~ eUVVsys
Editor Kennebec Journal:
Former Chief Justice Emery has
contributed to the Lewiston Jour-
nal a further discussion Of the power
and responsibility of governors and the
advisability of adding to the governors
authority the right to remove and APP
point sheriffs and county attorneys.
Inasmuch as Judge Emery. in his last
article in the Journal, refers to certain
points raised in my letter published
week or so ago, it may not be out of
on the subject.
Whether one agrees with the con-
illusions reached by Judge Emery or
not, most, If not all of his hypothesis
are obviously correct.
1t Is undoubtedly true that a govern
or has no adequate and practical power
to compel a sheriff or county attorney
to act according to the Judgment of the
governor in enforcing the prohibitory
law. 1t is also true that the attorney
general has no such power. In other
words, enforcement Of that law de-
ponds upon the vigilance and ability of
our various sheriffs and county at
torneys. which is also true Of the en-
forcement of all laws aimed at the pre-
ventton of misdemeanors
This being the case, Judge Emery is
entirely correct in absolving Governor
Plaisted and Governor Curtis from
blame for any non-enforcement that
occurred during their administrations
L criticised Judge Emery for not hav-
Ing come to their rescue when his party
associates were attacking these two
governors for not doing what he now
squarely states they could not do. He
answers by asking why did not raise
the point when the attack was made
instead OF waiting for him to do 1t.
d1d do so. In fact, 1 raised It so
strenuously that speakers and writer's
OF the opposite party denounced me for
raising 1t and declared that I was up-
holding 1awlessness and exhibiting
friendship for the saloon, the gambling
den and the brothel, simply because T
then said exactly what Judge Emery is
saving now. The Chief Justice adds:
Inc lack OF power lin the Goyernor)
was not secret known only to me- 1t
was known as we'll to thousands
That Is true. 1t was also unknown IN
thousands. Governor Haines did NOT
know 1t in 1912. If he had. he would
hardly have promised enforcement &C
ne did do from every platform in
maine. He learned about it later Ru+
Mr Mllliken has not learned about y
YET or at any rate, had not I'D to SEN
TEMPER 18th last because he promised
enforcement and criticised Governor
curus Tor non-enforcement all through
MS campaign. Assuming that Governor
names ana Mr.. Milliken are honest
there were at least two intelligent men
u Wnom the information now made
pubic by Judge Emery was a secret
ana Judging by the vote of 1912 and
1916 there were a good manv other
people in the same position.
My objection to the exploitation Of
tne perfectly sound proposition that q
governor has not under our present
laws authority over the work Of tho
iocai county officers and that enforce
hent depends upon them. is that tho
point is now raised in an evident
"..e!hpt 10 excuse Governor-e1ect
Mllliken from doing what be
mas promised to do and what
ne was elected to do, the claim heinr
ihaue mat he cannot keep his promises
unIess the people are willing To cor
1er extraordinary powers upon him
OBJECT to an alibi for use in tho cam
paign OF 1918 being filed at this time
Judge Emery feels strongly that if is
desirable TO confer on the governor the
ower 10 remove and appoint sberiffs
anu county attorneys, thus making il
pOSsiple 10 secure state wide enforce
niehI wien a governor so wills. He is
nv. VIKING TO include judges, even Of
INFERIOR courrs. In this program. al
thouen IL Is apparent that certain iude
es can' nave and will assist in nullifv.
ing certain laws at certain times. And
ne does not include mayors of cities,
seiectmen of towns. or assessors of
plantations, although the law places
upon them the burden Of enforcing the
prohibitory law equally with sberiffs
and county attorneys
II his plan is to be adopted, why have
the people gone to the bother of nom.
mating and electing sheriffs and county
attorneys at all? Why not have them
appointed by the governor in the first
place. to serve during his pleasure?
10 incorporate the suggested plan in
simple, plain, frank statute which
anyone could understand, the laws now
governing the tenure of office of these
officers and the clause in the constitu
ton referring to sheriffs should be re-
pea1ed and law enacted which would
read as follows:
Sheriffs and county attorneys shall
be elected biennially by the people and