Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-11-03
A DUTY BEFORE THE J. :.
next LEGISLATURE

The following letter, written by Hon.
Lucilius A. Emery. former chief justice
OF Maine, is published by the Lewiston
Journal:
There seems to be a general ex-
pectation that Governor Elect Milli-
ken will. as ordered by our State
constitution, take care that the laws
be faithfully executed" including laws
prohibiting the sale of Intoxicating
liquors. What can he do to meet that
expectation?
He cannot enforce any law by
arbitrarily arresting and Furnishing it's
violators. The enforcement must be
by regular proceedings through the
courts, which proceedings the Govern
or. Of course cannot and should not
personally undertake to conduct. He
can only act through subordinates, yet
he is not permitted to select any one of
them from the attorney general down
to the town constable. He cannot re-
move any such subordinate officer un-
til so requested by the Legislature and
SO advised by the executive council.
1t is said, indeed, that the Govern
or may ask the Legislature to re-
quest the removal of any civil officer
deemed by him to be unfaithful or
inefficient, and may ask the council
to advise it, But was it ever the in
tention of the people who framed
and adopted the constitutional provi-
sion for the removal of civil officers
on address, that the Governor should
appear before the Legislature as
prosecuting officer? Was it not
clearly the intention that the Legis-
lature should be the mover in the
matter and that the Governor should
await it's action, and then with the
council determine whether or not to
remove If SO requested? Can the
Legislature compel removal whatever
the opinion Of the executive? Is
not the judgment of both departments
required Was it supposed that the
Governor would PREJUDICE the matter?
The language of the Constitutional
provision is that every person hold
ing any civil office may be removed
by the Governor with the advice of
the council on the address of both
branches Of the legislature" The
Governor is authorized, empowered.
to remove on address but is not
commanded to do so. That the word
may" should not be interpreted as
meaning shall, is evident, l think.
from the original provision in the
English Act of Settlement of the
Crown" in the year 100 viz: Judges
commissions shall be made quandu Sc
bene gesserint. and their salaries
ascertained and established; but upon
the address of both Houses of Parlia-
ment it may be law-properly request
to be requested; may grant of author
ity but not command
But even if the Governor NAV
properly request to be requested NAV
properly act as prosecutor and initiate
proceedings for the removal of an Off
Ger, the process is cumbersome. ex
pensive and unsatisfactory. Not much
has been gained by it in the past as
applied to executive officer sought to
be removed for unfaithfulness or inef-
ffciency. We have an instance wbere
sheriff was removed on address after
ihuch Time and expense consumed, and
successor appointed who in turn dis
appointed the governor and fouted him
when demonstrated with.
In conclusion L submit it will not
De just to Gov.-Elect Milliken to hold
MIN responsible for any failure in the
enforcement of the laws. Nv tho
same token Gov. Curtis sbould NOT no
olamed for any failure of enforcement
curing his administration. He had M
power of enforcement and the next
governor will have none excent sncb
as may be hereafter vested in him r.
the people of Maine desire to have III
.nelr laws faithfully executed"
'nroushout the state, they should re-
store to their governor the appropriate
power the power with the advice and
consent of the council" to appoint
and remove (for cause of coursel the
attorney general. the county attorneys
and the sheriffs. Until that is done
the laws against the sale of intoxicat-
ing liquors and similar laws will not he
steadily enforced throughout State
Until that is done Maine will continue
to suffer the .reproach she has suffered
for more than half century her pro-