Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-03-03

and sufficient intelligence to decide ou,
own affairs. 1t is written in the Con.
stitution of this State that Judges OF
Probate and Registers of Probate shall
be elected by the people, but 1t is not
provided in the Constitution how
Clerks of Courts shall be elected. The
Statute provides that they shall be
elected by the people. Under that
method we have lived and got along
very we'll. I will cite you an instance
which is interesting. There was a
clerk in certain county elected to
Office and he was a carpenter, and GER
tainly of all the Clerks with which
have had to do that man discharged
the duties of his Office as well as any
one; he gave satisfaction. He used
the wits that God gave him and he
was satisfactory Clerk. So / say
to You, gentlemen, that you should not
confust the judicial with the Execu.
tive; you should not allow the judi
ciary to have executive powers. 1t
Is wrong principle; and I certainly
hope that this report which / have
signed. and which is my best judg-
ment in the matter, will be accepted.
Mr.. MASON of Ellsworth: Mr..
Speaker, I have had something to do
with Clerks OF Courts and courts N.Y.
self. We have had no difficulty in
having efficient officers in Hancock
county in the Clerk of Courts office.
There is also another consideration
that appeals to me why Clerks of
Courts should be elected by direct
vote, and that is that they are essen
TALLY county officers being paidf by
the county. A part of their duty, and
no inconsiderable part. is that of clerk
Of the County Commissioners; and it
seems to me that the counties them
selves, which are directly interested in
the work of the Clerk of Courts, should
have the appointing power rather
than the Judges of the Supreme Court.
For that reason I hope that the re-
port ought not to pass" will be ac-
cepted.
The SPEAKER: The gentleman from
So. Portland tMr. Hinckley) made the
motion that the report Ought to pass
be accepted. The Chair will put that
first.
d.
Speaker. it is pleasure for me to ae-
knowledge that am a member of the
judiciary committee Of this Legisla-
ture. and. through accident or misfor-
tune. have to agree for the first
time think with the gentleman from
Lewiston (Mr. McIlheron) on this sub
ject. (Laughter).
do not feel, gentlemen of this
House. that there is any call for this
measure. ] am in favor of the judges
having more pay because I think they
deserve it. ! am not satisfied that the
judges Of the State of Maine want the
privilege of appointing the Clerks of
Courts in the State of Maine. I can
hardly imagine the members of this
House voting to place political prefer
ment In the laps of eight judges of the
Supreme Court of the State of Maine
honor them; place them above de-
string a condition of that Kind. My
friends. stop and think what this
would bring about, for a moment
They are busy men. They are en-
gaged in great subjects. the considera-
ton of which concerns the people
of this whole State. For instance
suppose a certain county in this
i state, or any county. had about four
candidates for the position of Clerk
OF Courts. There are eight judges.
This bill says that a majority of the
judges shall pass and elect a Clerk
Of Courts. Eight judges and three or
four candidates, and all their friends
writing letters to the judges of the
Supreme Court of the State of Maine
setting forth their qualifications for
this office. Then they must get to-
gether. Where are they going to get
their informatton7 Surprising. for in
stance. that they are all new men
They must go back to the people for
their information, and that is where
say that this power of election
should stay--in the people. The peo.
pie are the ones who sent us here. ]
am willing to admit they do make
some mistakes, however even al
that. Haughter).
1t has been argued here that sc