Daily Kennebec journal., 1922-02-11

CONTINUES Seom pA0o Onol
p. Ssktsr. Councillors Hastings. Lom-
bard Clason. ewift. Gregory. stearns
snd Powers and Secretary Of State
Frank w. Ball being present. Fred
". Lee Of Augusta served ~ steno-
Srapher.
Sheriff Weeks was represented by
Fred r. Dyer OF Bucktield. Alton c.
Wheeler OF South Paris and Albert
Believeau OF Rpmforj. Fred A. Weeks
was represented by Ralph T. Parker
and Matthew Mccarthy Of Rumford.
Deputy Attorney General William H.
Fisher of Augusta represented Attor-
ucy General Ransford w. Shaw, in
whose name the complaint was made.
Governor Baxter opened the hear
ing at 1880 o'clock. by asking Secre-
tary OF State Ball to read the COM
plant and Sheriff Coles answer to the
charges. (They will be found else
whcrc).
The Charges
Deputy Attorney General Fisher
briefly stated the position of the at
torncy generals department. He said:
Mr.. Fishers Statement.
Sheriff Cole. the respondent in this
proceeding, is charged both with mall
fcasance and non-feasance. Malfea-
rance is an act which Is positively
unlawful or wrongful. while nom
feasance Is the omission to perform
q required duty; a neglect of duty;
the omission of an act which a person
ought to do.
tMoulton v. Scully. Ill Me. A..
cited)
As view the information, the first,
second. fourth. sixth and seventh spe-
cinc allegations charge malfeasance.
while the third and NTH charge the
respondent. in effect, with nonfea-
sance.
These particulars are not. however,
intended as separate and distinct Of
fences but are only included as spe-
cIfications TO enable the respondent
TO better understand the charges
against him and the bearing of the
evidence to be offered to substantiate
the general charge that Sheriff Cole
has not faithfully and efficiently per-
formed the duties imposed upon him
by law.
A finding that the respondent is
guilty upon either of the allegations.
that Is. that he has not faithfully and
efnciently performed his duties. would
in my opinion Justify his removal
from ONCE. His guilt. however,
should be proved by clear and con-
vincing evidence and beyond a rea-
sonable doubt. for while this is not
a criminal proceeding. the charges
are SO grave and the effect OF the
eonviction will be so disastrous to the
respondent and as far-reaching upon
the public that think he should
have all the protection with which
our constitution and laws surround
person charged with crime. He
should be presumed to be innocent
until you are satisfied by competent
evidence. beyond q reasonable doubt
that he is guilty as charged in the
Information.
The ONCE Of sheriff Is q constitu-
tional once. 1t has long been known
to our institution. Is Of great i'm.
portance and should be held only by
men Of the strictest honesty, integ-
rity and efaciency. The sheriff should
be the terror Of the lawbreaker. anc
any sheriff who proves derelict in hi.
duty and violates his oath of office
should no longer be allowed to exer.
else the power and authority en-.
trusted to him.
Being a constitutional officer and
no method for his removal being pro-
vided by the constitution except by
impeachment. a sheriff. until recently
was not subject to removal by the
Governor and Council except upon
address by both branches .of the
Legislature, but by a constitutional
amendment submitted by the Sew
cnty-eighth Legislature and adopted
by the people at special election
held Sept. 10, 1917, it was provided
as follows:
section 10. Sheriffs shall be elect
ed by the people of their respective
counties. by a plurality Of the votes
SlNcu iu On tnc second MONDAY OF
september. and shall hold their office
for two years from the first day OF
January next after their election, un-
less sooner removed as hereinafter
provided.
Whenever the Governor and Coun.
ell upon complaint, due notice and
hearing shall find that a sheriff is
not faithfully or efficiently perform.
,ns any duty imposed upon him b,
'aw. the Governor may remove such
sheriff from Office and with the ad.
vice and consent of the Council an.
point another sheriff in his place 70,
IN" remainder of the term for which
such removed sheriff was elected. All
vacancies in the office of sheriff otbn,
than those caused by removal in ~.
manner aforesaid. shall be filled il
me same manner as is provided jr
mo case OF judges and registers OF
probate"
This constitutional provision Is the
authority for the pending proceed.
ings. and the question for determine.
'ion here Is as to whether Sheriff
'ole Is faithfully and efficiently per.
FORMING the duty imposed upon hin
by law, or 10 put it conversely in tb,
words OF the amendment, "is no,
faithfully or efficiently performing
any duty imposed upon him by law
Upon the complaint filed by the at.
torney general a hearing was ordered
ana the due notice" required by Law
has been given to Sheriff Cole and he
is present with his attorneys read,
TO make his defense to the charge,
presented against him.
Tha at<nr,s..