Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-06-13
THE REMOVAL
CONTINUED from Page One)

!
the opening statement of the at
torney general. setting forth the tes-
| timony Of the witnesses, which Ie
would present. together with his sup
Elemental statement TO the same eff
feet, and the statement of Mr.. Pat
tangall, one of the attorneys for Mi.
| White, of the testimony which W.T.
resses for the defense would give,
was, by agreement of both the attor-
ney general and Mr.. Pattangall and
Mr.. Murray, counsel for Mr.. White,
to be received by the Governor ami
Council as if actually presented by
the spoken words of the witnesses
themselves. and the presentation of
records and other exhibits.
Having acquiesced in the arrange
ment made by the attorney general
and counsel for Mr.. White, we have
now heard and considered the test
mony offered, both for the complain
ant and for the defense, including
that in form of the statement by the
counsel. and if it the pleasure of the
Council, the formal findings of the
Governor and Council, in this mat
ter, will be made and recorded.
The first charge laid in the com
plant Of Guy H. Sturgis, as attorney
general, vs. T. Herbert White. sher-
iff of Penobscot county, may be DEEM
ed to contain two charges.
First. that Sheriff White did not
faithfully perform the duties impos-
ed upon him as such sheriff by Sec
ton 40 of Chapter 127 of the Re-
vised Statutes of this State and par
ticularly his duties as said sheriff
in enforcing the law against the Il
legal sale of intoxicating liquors ard
the keeping of drinking houses and
tipping shops.
And second, that he did not etti-
GENTLY perform the duties imposed
upon him by Section 40, etc. Upon the
advice of the attorney general. there
fore, the first count, as it is called, ii
the complaint will be separated into
two parts and we will pass judgment
on each part separately.
The same procedure will be fol-
lowed in dealing with the second
count of the complaint that is, it
will be separated into two parts and
each part will be passed upon separ-
ately.
The Constitutional amendment I'M
der which we are acting provides that
whenever the Governor and Council
upon complaint, etc, shall find that a
sheriff has not faithfully and eff
GENTLY performed any duty imposed
upon him by law. etc, the Governor
may remove, and the attorney general
advises that it is necessary upon this
question of whether Sheriff White has
been efficient or faithful, not only
that the Council vote but also that
the Governor cast his vote.
I'm each case the secretary of State
will call the roll of the Council and at
the end call on the Governor for his
vote.
THE first charge laid in the COM
plant is as follows and I am now
separating unfaithfulnes from ineffi-
cheney.
Guy H. Sturgis an attorney Of,
and in behalf of the State of Maine,
an oath complains that T. Herbert
White of Bangor, in the county of Pc
nobscot and State of Maine, who is
now holding the office of sheriff for
the county of Penobscot, and who has
held said office continuously since the
first day of January, A. D. 1917, did
not on the third day of January A. D.
1918 faithfully perform and has not
on divers other days and times be-
tween the third of January, A. D.
1918, aforesaid, and the day of the
making of this complaint, faithfully
performed, and is not faithfully per-
forming, the duties imposed upon him
as sheriff by Section 40 of Chapter 127
of the Revised Statutes of this State.
and particularly his duties as said
sheriff in enforcement of the law
against the illegal sale of Intoxicating
liquors and the keeping of drinking
houses and tipping houses.
Those members of the Council who
, find that this first charge in the first
charge of the complaint, has been
proven, and that T. Herbert White,
sheriff of Penobscot county, did not,
on the third day of January. y. D.
= 1918, faithfully perform, and has not
on divers other days and times be-
tween the third day of January, A. D.
1918 aforesaid and the day of the
making of this complaint. faithfully
perform, and is not faithfully per-
forming the duties imposed upon him
as such sheriff by Sec. 40 of Chapter
127 of the Revised Statutes of this
State. and particularly his duties as
said sheriff in enforcement of the law
against the illegal sale of intoxicating
liquors, and the keeping of drinking
houses and tipping shops. upon the
call of their names by the secretary
; of State will answer guilty
Those members of the Council who
find that this charge was not sus-
tanned will answer not guilty The
Governor will answer to the call Of
his name in like manner according to
, his finding.
We will now take up the second
, part of charge of the first count of the
complaint"
This charge is repetition of the
first charge, with the substitution OF
the word efficiently" for the woro
Faithfully" The same instructions
as to the manner of voting was given
by the Governor.
Governor Milliken continued:
| THE first count of the second