Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-10-30

neon,a IN mass on the question or ne
NAV defer the action until the next
general election. Should the people ac
cent the amendment. the law would Do
oner,+;va in 20 days after its accept
ance by the voters. u.a
Although the Cakes law. so can oaa
has been on the statute book since lsV''
vet II has never been placed In opera
t;op The measure Is called the CAKES
law because Of the fact that the Dill
was introduced in the Legislature Dy
Hon. Henry w. cakes OF Aupurn' WHY
in 1908 was a member Of the House OF
representatives. Some say that the
cakes law has no teeth" on the
ground that a grand jury sitting IN
county would not be very anxious "
indict their own county attorney of
their own sheriff.
The Cakes law is Chapter Al OF the
public laws Of 1905 and is entitled An
act providing penalties for non-feas-
ance of duty by sheriffs, deputy sher-
ifs and county attorneys. Section ~
Of the law says that any sheriff. deputy
sheriff or county attorney who snail
wilfully or corruptly refuse or neglect
to perform any Of the duties required
by this section shall be punished py
fine not exceeding $1,000 or by impr1s-
onment for one year.
This law was amended by the Legis-
lature Of 1913 providing that it shall De
the duty of the attorney general to
take charge Of all investigations before
the grand Jury in case OF refusal or
neglect of any sheriff, deputy sher1H
or county attorney to perform his duty
and in the case Of finding an indict-
ment to conduct all subsequent pro
ceedires in court in behalf OF the state
as prosecuting attorney. In all such
prosecutions, the attorney general snaH
act in place of the county attorney. and
is invested with all the rights, powers
and privileges of the county attorney
with respect to prosecutions.
An act may be presented to the
Legislature giving the governor the
power to remove county attorneys.
This will not require a constitutional
amendment as the office of county at
torney is statutory one and not a
constitutional one.
Hastings Bill.
The so-called Hastings bill which
was introduced in the Legislature of
1909 and which after passing both
houses was vetoed by the governor
and which failed of the necessary two
thirds for a passage over the govern
ors veto, is entitled "An act in amend
ment Of Section one Of Chapter 1876 OF
the revised statutes relating to SEN
fences in criminal cases." which would
compel judges to give straight Jail
sentences in liquor cases.
In vetoing the measure in 1909 Gov
ernor Fernald said that this bill seeks
to deprive our courts of a certain dis
cretionery power in imposing sentence
in criminal cases which has existed In
principle since the early history of jur-
isprudence in this State.
'"The wise, upright judge has before
him all the facts and circumstances in
each case, and he should, in my opin-
ion, be allowed certain range of dis
erection in forming his judgments un-
less fragrant abuse Of that power arise
said Governor Fernald in his veto mes
sage. "The history Of the judicial sys-
TEN in this State and the character OF
the present incumbents thereof, are
such to lead me to the conclusion that
the act under consideration so broad
in it's application and so sweeping in
its positive results is unwise."
The so-called Hastings bill has made
it's appearance at each subsequent
Legislature since 1909, but did not
make much Roadway at either session.