Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-01-09

recently appointed by Governor Milliken
and seeks for temporary and permanent
injunction until referendum is held.
The bill is as follows:
STATE OF MAINE
Androscoggin SIS.
Supreme Judician Court In Equity.
Charles i. LemaIre. Complt. VS.. Ralph
w. Crockett. Alfred w. Anthony and
+. X. Narcotic.
Charles l.. Lemaire of Lewiston in said
county, complains against Ralph w.
Crockett. Alfred W. Anthony and f. y.
Narcotic and says:
First. That he is the duly elected and
legally qualified mayor of the city of Lew
iston; that he was elected to such office
on the nth day OF March. 1917, and took
the oath prescribed by law and duly quail
lied on the nineteenth day Of March. 1911.
Second That by virtue of his office as
mayor OF the city OF Lewiston, Your COM
plainant, at the time of his election was
charged with the duty of being the chief
executive officer and being vigilant AMI
active in causing the laws of the city to
be executive and enforced and also by
law as required L. exercise a general ST.
peryision over the conditions of all SUI
coordinate officers and further he was
vested, by virtue OF the city charter OF
the city Of Lewiston. with power and au-
thorty to control and regulate the police
or the city Of Lewiston and was charged
with the duty of appointing police officers
in the city Of Lewiston. and vested
also with authority to supervise the do
of ba
that they perform the duties required OF
them under the laws of the State, and
ordinances Of the city. And your COM
piainant further says that the power that
he derived at the time of his election as
mayor of the city had been conferred by
the Legislature OF Maine in it's charter
to the city OF Lewiston and by the Pri-
vate and Special Laws of 1880, Chapter
20. entitled
An Act to promote the efficiency of
the police force of the city OF Lewiston"
Third. Your complainant further al
lepes that the Legislature of Maine,
assembled IN Augusta, passed an act
on the tenth day Of March, 1917. which
was appro, ed and signed by the Gov
ernor Of the State of Maine on the
tenth day of March, 1917, and that the
act 70 passed was entitled An Act
to provide a police commission for the
city Of Lewiston and TO promote the eff
hcicncy OF the police department there
Of"
And YOUR complainant further al
leges that said act was passed with
an emergency clause and received the
votes Of more than two-thirds of the
members elected to the House Of Rep
In n i,de
of the votes of the members elected To
the Senate.
Fourth. That in and by the terms
of said act. a commission was created
of three members to be appointed by
the Governor of the State of Maine
And your complainant alleges that
these defendants are the three persons
appointed by the Governor as such
commissioners and that in and by said
hill the board OF police commissioners
50 created shall have full power and
authority. subject to the provisions OF
the act creating them, to organize and
establish the police force Of the CITY Of
Lewiston and make all rules and regu-
lations for tho government control and
efficiency Of the same and be charged
with all the duties relative to the or.
panization. appointment and control Of
said police officers Of Lewiston. and
such other powers as We're given then
by the act creating this commission.
rum. And your complainant alleg
ts mat since the passage of said &c,
as aforesaid that the emergency clause
OF said bill has been declared uncon.
stitutional by the courts Of last resort
or this state. but that said act was de-
olarcd to he constitutional as to the re-
ant further alleges that under and y,
the terms of the Constitution of Mainr
the said act to establish the police
commission for tho city of Lewiston
ms aforesaid could not take effect m
Ill after 90 days after the recess of the
Legislature passing it. and further thai
II * provided by the Constitution Of
Maine that upon written petition Of not
less than 10000 electors addressed n
the Governor and filed in the office of
the secretary of State within 90 da vs.
after The recess of the Legislature re-
guessing that II bill should be referred
I" IN" people. such act should not take
eutct until go days after the Governor
shall haze announced by public nroc.
l0mation that the same has been rati-
ned ny majority of the electors vot-
lhG thereon at Il general or special cleo
'"n ana that the act should he sus-
pehded from operation until such time
Nh" yci. your complainant alleges
'hat within 30 days after the recess
OF tho LEGISLATURE there being moro
than 10000 electors to wit. 1920 cleo
TORS IN the state of Maine. did nd :
dress u the Governor ana did file in
w" ONCE Of the secretary of State
ih"lr petitions requesting that said
ponce hlll of the city of Lewiston he
referred TO the people for their action
as provided 10y said constitution. and
mat because Of and 10y reason of said
tact said police act passed as aforo
said ny the Legislature was SUSPENDED
by the terms of the constitution. And
YET. your complainant says that in ut
ter disregard OF the constitution of
tho state OF Maine and in direct yio-
Iation of the terms thereof these da-
PENDANTS were appointed as police com
nissioners on the eth day or Deem
be-, 1917. and qualified as sucn police
commissioners Of city of Lewiston and
have threatened to take possession and
control of the police force OF the CITY
Of Lewiston and TO create new
force and TO uslrD the rights dutieS