Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-06-07
FlLI TEXT or OPENING STATEMENT
BY ATTORNEY GENERAL GUY H. STURC|S
IN CASE OF SHERIFF WHITE PEN0BSC0T CO.

| Legislature and if it shall appear that
majority of the votes are in favor
Of the amendment, the constitution
shall be amended accordingly.
Here is set forth specific direc-
ton for the Governor ard Council TO
make return" that is, report to the
next legislature their count OF the
votes cast and the evident meaning OF
this resolve was that ii it should ap-
pear to the next legislature" that
majority Of the votes were in favor OF
the amendment proposed, then the
Constitution shall be amended. That
evident meaning was accepted by the
legislature of 1915 which by the Re-
solve approved March 81. 1915. de-
clared that Chapter 35l. Resolves of
1918, had been adopted and was
part OF the Constitution. This
declaration and adoption appears as
Chapter 316 of the Resolves Of 1915.
In the case of every amendment
which has received the stamp of ap-
prevail by adoption by & Legislature
subsequent to the one proposing such
amendment, we find q provision
y
case exactly similar in language to
the Resolve of 1913 mentioned. name
ily, specific direction to the Cover
nor and Council not to proclaim. but
to report to the next legislature
which was to declare the adoption
and make proclamation. The Ian
guage of the Resolve proposing an
amendment to the constitution in the
absence of a constitutional provision
which governs and cont OILS, and as [
have said there appears to be no con-
stitutional provision directing the
time of taking effect OF this amend
ment, controls, of course the time
when the amendment proposed TO
such Resolve shall be deemed to have
been adopted and be in lull force and
effect. The Resolve appearing in
Chapter 80 of the Resolve of Maine
1917 does not direct that the Cover
nor and Council shall make returns
to the legislature but states that if it
shall appear that a majority of the
/ inhabitants have voted in favor Of
the amendment, the same shall there
upon become part of the constitu-
ton.
When it did appear to the Cover
! nor and Council that Il majority of
the people had voted in favor of the
amendment, this amendment accord
ingly to the clear import of this Re-
solve went into effect and became
part of the Constitution of this State
| have referred to the legislative
: provision. Section ,. Chapter 1, which
provides that unless otherwise pro-
! vided in the Resolve submitting it.
every constitutional amendment shall
take effect and become part of the
. Constitution on the fist Wednesday
Of January Following its adoption by
the people and an exan.na ton Of our
Constitution shows us that certain
amendments to the Constitution have
taken effect in accordance with that
statutory provision.
For illustration, the resolve of the
legislature appearing as Chapter 23S
of the Resolves of Marie for the wear
1917 proposing to the people further
amendment to Section of Article y
OF the Constitution which provides
the method for amending the State
Constitution gave no Gn ection as to
the time Of taking erect of such
amendment if it be adopted by the
people but simply provided IF it shall
appear that a majority Ct the inhabi-
tants voting on the Question are in
favor Of such amendment, it shall
take effect and become a part of this
constitution. There was no direction
/ for the Governor and Council to
make return to the next legislature as
given in Chapter 354 OF the Resolves
of 1913, nor was there the provision
which appears IN Char;er 80 of the
Resolves of 1917 that if q maiority of
the people adopted the amendment, it
should thereupon' become a part of
the constitution. and We find that
this 32d amendment was adopted by
the people September a. 1908, pro-
claimed by Governor Cobb to be a
part of the Constitution October 80,
1908. and took effect on the first
Wednesday of January 1909
have taken the time to discuss
, this proposition because, OF course,
'he hrst question that may arise and
t mat should be considered is what
regal authority is there for this pro-
ceding which has been begun. cam
not believe that anyone will raise the
question as to the fact that this con-
| stltutlonal amendment relative to the
removal of sheriffs is in full force and
effect and has been since the dav of
the finding by the Governor and
Council that ma jority of the inhabi-
tants had voted in favor of the
amendment The Resolve proposing
the amendment says that the amend
ment shall take effect "thereupon.
, That is definite. Everyone under
) stands what "thereupon' means. No
sound or reasonable argument would
seem to me could be pre- scented which
E would even cast doubt upon this
: question but if the word "thereupon
does not otherwise provide" for the
statutory provisions relative to the
time of the taking effect and becom
ing part of the constitution of this
amendment. certainly by virtue OF
Section of Chapter j. of the Re-
Nised Statutes the amendment did
take effect and did become part OF
the Constitution on the first Wednes
day of January 1918.
In view of the Constitutional and
r statutory provisions relative to the
| time of taking effect OF this amend
|, ment which l have brought to youl
| attention. you will note that the com.