Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-02-07
Probate Judges Salaries


issue OF the Bangor News
There appears to be a decided conflict
Of opinion between the state administration
at Augusta and oficials in the different
counties Of Maine who are affected by a
decision Of the state treasurer made known
this week, on the subject of the payment
by the state
State Treasurer Newbert has notified the
probate judges of the several counties that
the State will not pay their salaries. as was
contemplated in an act passed by the last
Legislature. This position is taken. it is
stated. owing to what the administration
alleges is a conflict Of acts passed by the
Legislature" Il
/, State Treasurer,R. E. Eewbert was ask
ed Saturday about 1t. He said in sub
stance:
Il have seen the article (which had sew
eral more explanatory paragraphs) and I
find it all incorrect. made no decision,
because it is not for me to decide. My
only connection with the matter is express
ed in the following letter. which you have
my permission to use. The letter follows.
February /, 1916.
Hon. Vim. H. Warren,
Judge Of Probate Court.
Penobscot Co. Bangor, Me.
Dear Judge Warren:
Following our conversation by telephone
in relation to salaries OF Probate Judges.
| beg to advise that there is a conflict in
the law itself and that the salaries will
not be paid by the State l respectfully
call your attention to Chapter ISL and
Duh If
Sincerely yours,
E. E. NEWBERT.
Treasurer of State.
EENlD
The matter became so interesting that
visit was paid to the Attorney Generals or
flee. where Assistant Attorney General Os-
car H. Dunbar was approached on the sub
ject Said he:
GIVE heard -of the case. This ONCE has
no of1cial knowledge of it. but my own per-
sonal opinion is entirely in accord with the
opinion of the last attorney general. Scott
Wilson. who ruled that where Legislature
passed two laws regarding the election OF
county commissioners. the law bearing the
latest date Of approval by the Governor
should stand as the law
Chapter ISL, Laws Of 1915, approved
March %, says that salaries OF probate
Judges shall be paid from the county treas
ures quarterly on the first day OF 'anu-
airy, April, July and October.
"Chapter 273 of the same Law, approved
four DAVIS later, March 26. being an act to
eoualize the salaries of the judges OF pro-
bate" says that the salaries shall be paid
from the treasures Of the counties In quar-
ter,v navments. etc. ETC., and list OF the
counties and amounts of salaries is added.
"section of this act says that all acts
mr. nal ts of acts inconsistent with the pro
visions of this act are hereby repealed.
my personal opinion is that even Sec
t;on Q was not embodied in the last ac'
at ALL the counties must pay the salaries
of the Judges of probate, because the act
c.banter 273 is a subsequent act. ano
should be and is the law to be obeyed
It orders the payment OF salaries Of
Judges of probate by the several coun
ties.
This Office has this day Saturday re-
ceived from Treasurer Hickey Of Penoh
scot county a letter asking an off1cia
opinion as to who should pay these sal
aries. The attorney general. by law, car
only advise, by request, the Legislature
heads Of departments and the Governor
and Council.
81 am merely stating to you personally
my own personal opinion. Inc law speaks
for ITSELF