Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1918-05-01
COUNTY ATTORNEYS.
Former Justice Emery Urges Strong
Men for This office.


Men for This office.
To the Editor Of the american;
The near approach OF our primary cleo
tions, and the fear that other issues and
offices may attract more attention, impel
me again to remind the electorate OF the
Importance of the office OF county attorney
and OF the need of intelligent care in Sc
lecting candidates for that Office.
Whatever may have been thought in the
past, the duties of the county attorney are
now important ana onerous and their
faithful performance vital to the welfare
of the people. The statutes require that
he shall diligently and without delay
prosecute to final judgment and sentence
all criminal cases before the supreme ju-
dicial court and superior court OF his
country" also that "he shall prosecute to
final judgment and execution all civil
cases in v hich the State is party in his
county, and shall institute scire faciss
against sureties on any recognizsnce upon
which the principal and sureties have
been defauited, and before the term next
succeeding that at which said default was
entered upon the court docket, unless by
order in open court the presiding justice
shall grant q delay in matters OF scire
faciss." Laws OF 1917, ch. 1s5.
1t will hardly be disputed that the duty
Of diligently and promptly prosecuting
cases criminal and civil to their end in
cludes the duty of having the default of
the principsl and sureties upon a
recognizsnce promptly entered upon the
docket as basis for scire iaciss.
The county attorney is further required
to 'enforce the collection and payment
to the county treasurer OF all fines,
forfeitures and costs accruing to the State,
and the faithful performance of their
duties by sheriffs, coroners and constsbles,
and give information Of their default in
this respect"
L. 5. CHI. 81, sec. 10. He is also required
to 'examine the records and files in the
office OF the clerk and the certificates in
the Office OF the treasurer relating to fines.
forfeitures and costs accruing to the
county; ascertain so far as practicable the
causes Of any delinquency in paying over
the same; and move the court for all
necessary orders and processes to enforce
the collection thereof"
Again, "When 1t appears that any
sheriff or other officer is not discharged OF
any fine, forfeiture or bill of costs COM
mitted to him to collect, the county at
| torney shall cause him to be summoned
and brought before the court that imposed
| it, to show a proper discharge, or the
cause of not collecting it and paying it
over; and he shall carry into execution all
lawful orders of the court relating to cot
lection and payment thereof, and shall by
all other means pertaining to his office,
! promote and enforce the same" X. S. ch
1 13S, secs. Is and II.
Further still, the county attorney is re-
/ quired by various statutes to assist in the
| enforcement Of tax laws, pure food laws,
and laws relating to dairy products; also
to enforce upon railroad, ETC., compliance
with certain orders of the public utilities
commission; also to appear for the State at
hearings for the abolition of grade
crossings.
I 1t is evident that the full and faithful |
! performance OF such duties require apil-
| ity, vigor, persistence and faithfulness on
the part of the county attorney. 1t must
also be evident that the due enforcement
| of the laws depends more upon him than
upon any other officer. II criminal cases
are allowed TO accumulate and cucumber
the docket without being brought to trial;
| II principals and sureties upon recogni-
zsnce are not promptly defaalted; il de-
faulted recognizances are not promptly
enforced; il delinquent sheriffs and other
officers are not brought before the court;
il cases are dismissed for illegal or INSULT
Gent reasons, it is because OF the unfaith-
fuluess, inefiiciency or indifference of the
county attorney.
True, the governor and, council now,
upon complaint and hearing, il they find
| a county attorney has violated any statute
(including OF course those above cited)
''or is not performing his duties faithfully
and efficiently" may remove him from
Office and appoint another in his place.
Laws of 1917, ch. 243. None the less, how
ever, should intelligent care be taken by
the electorate not to elect or nominate to
that office any one Who might become
thus liable to removal
LUcILIUs A. EMERY.
April q, 1918.