Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-03-03
pending the acceptance of either re

pending the aCCtptdHco Va Se
port, on motion by the gentleman
from Augusta, Mr.. Maher.
Mr.. MAHER: Mr.. Speaker, l yleid
to the gentleman from South Port
land, Mr.. Hinckley.
The SPEAKER: The Chair will
state that this is another case where
two reports presented from a COM
mittee, one reporting Ought to pass
and the other reporting ought not to
pass" The subject matter is the APP
pointment of clerks of the Supreme
Judicial Court.
Mr.. HINCKLEY of South Portland
Mr.. Speaker and gentlemen, mas
much as this report comes from the
Judiciary committee, five members
reporting in favor and Ave against.
1t cannot be called "a lawyers bill,
and you have a chance this morning
to take your choice on the merits of
the proposition without injecting
lawyers into it. The Bill, as you are
undoubtedly aware is a bill that pro-
vides that in the future, without at
fecting those who have been elected
and who hold the Offices at the pres
ent time, but in all future elections
when the term of Office expires of
the present clerks of court, they shall
be appointed by the justices of the
Supreme Judicial Court in this State.
Now, some lawyers will argue to
you and propose this, that you are
taking another Office away from the
people; but want to say to you gen.
tlemen, in all frankness. as one who
practices in all the courts of this
State. that the office of clerk of
courts of the supreme judicial court
of the State of Maine Is one of the
most important offices in this State.
1t is an Office that should be filed by
a man who is trained in the law, 9TH
erwise complications will arise, and
complications that in many instances
have serious results. We, who are in
touch with the Office of clerk of
courts in the various counties In this
State, are well aware that when we
get a good clerk Of courts II Is very
important to keep him.
Even with a man who il learned
in the law and who is elected to that
Office. 1t takes years before he be-
comes proficient and then IL per-
chance by any political upheaval,
which has nothing to do and no con-
nection with the great judicial Offices
in this State. some person may be
elected. and in many instances in
this State has been elected. who
knew absolutely nothing about these
important duties, and who never was
able to learn them; and we who have
had this experience have found In
more than one instance in the State
OF Maine clerks Of court who have
been elected and who were absolute
ly incompetent and inefficient. and as
a consequences the people Of the state
of Maine have suffered.
Now, say to you, gentlemen, that
the office of clerk of courts, which ia
in. fact the clerk of the justices of tho
supreme judicial court In this State.
that the judge of the court knows
better. understands better, ana is bat
ter qualified to pick out a man who
is competent and efficient ia fiji that
once than are the people at large. I
90 not believe in taking offices away
from the people, taking away from
the people their right to vote upon
them as general proposition; but I
say to you that many Of the States
throughout this country have tried
this principal out and they have
round 1t a most unsatisfactory way
of doing things.
Thirty-ene of the states in this
country are now having the clerks
OF court appointed by the justices az
the supreme judicial court, and four
more have them appointed by the
governor, making thirty 1--WE states
out of a total of forty eight where
they are at the present time having
them appointed In that way, So that
you see It Is not novel proposition;
It is not new idea. And besides
the states. the district courts Of the
United States. the circuit courts of
the United States and the supreme