Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-06-07

! All vacancies in the office of sheriH,
other than those coused by removal IN
| the manner aforesaid shall be fllled IN
| the same manner as is provided in the
case Of judges and registers of probate.
1t was brought to my attention by the
Governor that reports had been and
were being made to him that the sheriff
of Penobscot county was not faithfully
or efficiently performing the duties i'm
posed upon him by law relating to the
enforcement of the prohibitory law, as
it is called. and was also negligent AMI
inefficient in the performance of certain
other duties. / was requested to inves-
tigate and ascertain what the true facts
were relative to the performance of du-
ty in these several respects by Sheriff
White.
By Section /. Of Article V of the Con
stitution of this State it is provided,
The supreme executive power of this
State shall be vested in a governor"
! BY Section u of Article of the Con-
stitution of Maine it is provided, He,
(the governor shall take care that the
laws be faithfully executed
l Mindful of the constitutional oblga-
! ton and duty imposed upon him as
! Governor to take care that the laws be
! faithfully executed, the Governor most
! properly called upon the Attorney Gem
eral to investigate and ascertain
whether or not III fact the laws in
question were being faithfully ex-
! ecuted in the county of Penobscot
| by the sheriff of that county and
! the attorney general also mindful
of the duties of his office and the man
dates of the statutes prescribing his du-
/ ties, especially the recent act appearing
I as Chapter 2S3 of the Public Laws OF
! 1911 which provides THE attorney gen
eral shall ut the request of any state
! department make or cause to be made
/ investigation in behalf OF such depart
ment ana he shall also prosecute any
case as may seem advisable proceeded
: through such means as were at his dis
posal and with such voluntary assis-
! lance as he could enlist to Investigate
| the conditions in Bangor and Penobscot
! county and ascertain the facts, and the
| facts so obtained will bee presented at
| this time.
! The amendment under which we are
| acting provides that whenever the gov.
! ernor and council upon complaint, due
! notice and hearing shall find that a
| sheriff has not faithfully or efficiently
! performed any duties imposed upon him
/ by law. the governor may remove such
! sheriff and with the advice and consent
| of the council appoint another sheriff
| in his place, etc.
! While there is no exact precedent il
| either civil or criminal legal history OF
/ this state for this action. | have felt
! justified in dealing with this case a
one which is analogous in principal and
should be analogous as to procedure anc
practice to impeachment or address
! proceedings by the Legislature. and
have formulated all pleadings and mus,
| tered all facts along the lines which
understand have been followed in such
| legislative proceedings
| 1t is long and well esta blished Gus
! tom and rule of law. | think | may say,
! that he prosecuting officer is primarily
/ and fundamentally the proper person
| to make complaint in any matter which
! Is either OF a criminal character or of
what may be termed a quossi criminal
character and this amendment requiring
! that complaint shall be made seems TO
me to demand that for the purpose of
bringing the question of Sheriff White s
| falthfulness of unfaithfulness, eff
| cheney or inefficiency before the gov
| ernor and council for consideration, re-
quired me as prosecuting officer to make
! and file as one of my official duties the
complaint filed in this case and | did
so by presenting it to the Governor and
council at their meeting May % 1918.
| Upon the complaint the governor and
council in compliance with the require
ments Of the amendment that there be
due notice ordered that hearing be
! had upon the complaint on THURSDAY
| the sixth day of June. 1918. at 10
| o clock in the forenoon in the Council
! chamber at Augusta, and that notice
thereof be given to T. Herbert White
by giving him in hand a copy of this
complaint and of this order thereon. at
tested by the secretary of State, 10 DAYS
at least before said hearing that he
may then and there appear be heard
and show cause, if any there be, why
he should not he removed from the Of
fee of sheriff of Penobscot county. No
tice was given to Mr.. White in accord
ance with this order as appears by the
officers return which I will read.
And it being 10 O'Clock in the forenoon
of June 9Th. a hearing upon the com
plant is in order
The complaint charges in the first In
stance that T. Herbert White did no;
on the Sd day of January, A. D. 1918
faithfully or efficiently perform, and
has not on divers other days and times
between the Sd day of January. A d
1918 and the day of making this com
plant faithfully or efficiently perform
and is not faithfully and efficiently per
forming the duties imposed upon him as
such sheriff by Sec. ~. Chap 127 of the
Revised Statutes of this State and par
ticularly his duties said sheriff in en-
forcement Of the law against the illega
sale of intoxicating liquor and the keep
ing of drinking houses and tippIine
shops.
Sec. 40 Of Chap. 1a7, r. s of this State
is as follows:
'Sheriffs and their deputies and coun
ty attorneys shall diligently and faith
fully inquire into all violations of law
within their respective counties. and in
stitute proceedings in case of violations
or supposed violations of law. and par
ticularly the law against Illegal sale o
| intoxicating liquors. and the Keeping Of
drinking houses and tipping shops
gambling houses or places. and houses
| 49,