Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-08-20
Saturday, August 20, 1921.
The Governors Oath and Statement


Oath taken by Percival p. Baxter,
President of the Senate, on Jan. 81,
1921 before Chief Justice Leslie {.
Cornish in the office of the President
of the Senate. State House.
State of Maine !. Percival
Baxter, do swear that | will support
the Constitution of the United States
and Of this State, so long as | con-
tinue a citizen thereof. So help me
God
The Office of Governor having be-
come vacant by the death of Governor
Frederic H. Parkhurst, /, Perciyal p.
Baxter, President of the Senate, desig-
mated by the Constitution to exercise
the Office of Governor until another
Governor shall be duly qualified. do
swear that I will faithfully discharge,
to the best of my abilities. the duties
incumbent on me as Governor. ac-
cording to the Constitution and the
laws of the State. so help me God.
Governor Baxter. who took the
above oath when entering on the du-
ties Of chief executive of the State,
makes a public statement. appearing
in another column of this paper. in
which he says; Il want the people of
Maine to understand the situation
that exists in connection with the va.
cancy in the Craftsmanship of the Pub
lie Utilities Commission" and de-
clares that he is free to act for the
highest interests Of the State.
The makers of the State Constitu-
tion carefully provided certain regu-
Iations governing the acts of the eX-
ecutive. not deeming it best to leave
that wholly to the officials sense of
fitness or to his conscience however
we'll developed that might bean emf
nently wise provision unless we wish
to revert to one man power and the
belief that the king can do no wrong.
He says: When the vacancy oc-
CURED in the Utilities Commission It
became my duty to fill that important
position"
When, where. and by what authori-
ty did it become his duty" to FILL"
position requiring the advice and
consent of the Executive Council:
This is what Section of Article V
of the State Constitution provides:
He shall nominate, and with the ad-
vice and consent of the Council APP
point all judicial officers. coroners. and
notaries public: and he shall also
nominate, AND WITH THE ADVICE
AND CONSENT OF THE COUNCIL,
appoint all other civil and military
officers. whose appointment is not by
this Constitution. or shall not by law
be otherwise provided for; and every
such nomination shall be made seven
days. at least, prior to such appoint
ment."
The office in question not being ex-
copied from the provisions of this sec
ton OF the Constitution it is plain that
it is not incumbent on the Governor
to FILL the place but to name for the
consideration of the Council a person
whom he wishes appointed to fill it.
The Council not having approved his
selection. although he has urged it
-FOUR times in succession and the Office
meanwhile remains vacant. it mani
testify is incumbent on the Governor
to make another nomination. unless it
can be shown that the first nominee is
the only suitable person whom it is
possible to select. This, with all due
Difference to Mr., Davies, is absurd on
the face OF it. Such is the real duty
unauestionably required by the Con-
stitution and laws which the Governor
has sworn to uphold. but which he
now says mo self-respecting Gov.
ernor" can comply with.
o What other conclusion is possible >
Nor does it appear in need Of COM
ment. The man in the street may see
it for himself: Governor Baxter not
only appears to assume that he can do
no wrong in this matter, that his
judgment and conscience are infalli-
BILE, but that it is his duty to do that
which he may think good for the peo-
pie, regardless of his oath of office
and of that Constitution, a provision
of which enabled him to become Gov
ernor