Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-06-26
Curtis Advised by Atty Patanga That He Must Issue
Proclamation for atoria Election Which May Be Held with Regu
lar September Election and the Primary Perhaps July 17Genera
Orders Death Former Governor and Commander c.
Burlegh-ndustra Accidents DecsonsPubc Utilities Hearings
This Week-Teacher aOnsFh and Game

An opinion was rendered Saturday
| by Attorney General VIM. r. Pattan-
gall in the matter of an election for a
successor to the late United States Sem
ator Edwin C. Burleigh, which says
that it will be necessary for Gov. Cur
tbs to issue a proclamation for an
election, that nothing appears in the
law to prevent naming the date Of the
election on the date Of the regular
September election, that the name of
the candidate may be placed on the
regular ballot and that Monday, July
II, would seem to be the earliest date
for the primary election. The opinion
in full follows
In response to your inquiry con-
! corning the law with relation to the
election Of an United States senator
| to fill the vacancy caused by the death
of Hon. Edwin C. Burleigh:
Under the terms of the amendment
to the federal constitution and the
| federal statutes passed to carry out it's
provisions, United States senators in
all cases and under any circumstances
! must be elected by the people, except
that when the State Legislature ex-
! pressly empowers the governor to do
! SO, he may appoint a senator to fill a
vacancy temporarily pending a State
election. Our Legislature has never
conferred this power on the Governor,
hence there is no appointment to be
considered
1T, therefore, becomes necessary to
elect a senator and Chapter 50, Pub
| lie laws of 1915, provides that the gov
ernor shall issue proclamation for
such an election, when the vacancy
| occurs during a session of Congress
forthwith" Our laws also provide
that under the circumstances existing
in this case, the nomination of a can
didate for the Office of United States
senator shall be made through the
agency Of the primary.
LAS our regular primary election has
been held, it becomes necessary to call
| candidates may be nominated and a
special election at which one Of the
| candidates so nominated may be elect
ed. The word forthwith in the 1915
law could fairly be construed, think,
to be synonymous with the term
| within reasonable time and it
| strikes me that no one could complain
of delay If your proclamation called
! for a special election for United States
senator on Sept. II, our regular cleo
ton day. To select any other date,
would involve an expense to the State
of Many thousands of dollars. The only
way to avoid this expense other than
by naming Sept. II. as such special
election day, would be to defer the cleo
ton of a senator until November, and
that would seem to me to fail to be in
spirit of the statute which requires
such an election to be held forthwith.
Should Your Exceliency issue a
proclamation calling for the election
of United States senator at a special
election to be held on Sept. II next, l
see no reason why the name of the
candidate could not be printed on the
regular official ballot, thus obviating
confusion which would result from at
tempting to use a special ballot. 1 can
not conceive of any one objecting to
this course of action.
I'm regard to a special primary cleo
ton, the date at which such an cleo
ton should be held is without doubt
entirely in your discretion. I would
suggest, however, that it will be ne
cessary to fix date far enough ahead
so that candidates may have opportu
nifty to file their nomination papers, the
secretary of State have time to cause
the ballots to be printed and distribut-
ed and town officials have opportunity
to notify the voters of a pending cleo
ton.
"In my opinion this would require at
least three weeks and after a careful
examination of the situation 1 do not
see how it is practicable to hold a
special primary election before Mon
day, July II. There are no legal objec-
tons to deferring such an election to
an even later date than this, but Your
Excellency will bear in mind that who
ever is nominated for senator may
fairly require a reasonable time to
make his campaign for election and
considering the size of the State and
the Importance of the issues involved
it would seem that the nomination
ought not to be deferred beyond the
earliest practicable date"
General Orders on
Daafh Ex.Cou Rurlaiuh