Daily Kennebec journal., 1922-02-11

the hearing as will in our opinion
best serve the ends Of justice.
You will note by the complaint
which I have read that Sheriff Cole
il charged with a neglect and refusal
to enforce the laws prohibiting gam
bling and games of chance, and fur
ther with obstructing the admins
tration of justice by ordering the dis
continuance OF certain prosecutions
begun upon complaint of his deputy,
Fred A. Weeks.
The law concerning gambling found
In Section l of Chapter 127 of the
Revised Statutes is as follows:
Ing a gambling house, or tenement
or other place occupied. used. kept or
resorted to for the purposes described
in section eleven of this chapter, or
is found gambling or present as de-
scribed in said section eleven, or per-
mfts any person to gamble in any
way in any tenement or other place
under hia care or control, shall be
punished by fine ofSnot more than
one hundred dollars, or by imprison-
ment for not more than four months ;
and the municipal officers, constables S
and police officers of towns and cities,
and the assessors of plantations, are
required promptly to enforce the laws
against gambling rooms, and to make
complaint against any person in their
respective municipalities when there
Is probable cause to believe such per-
son to be guilty of a violation of this
section. Trial justices and judges of
municipal or police courts. shall have
jurisdiction in all prosecutions for
Nl0IQflOnS
And that prohibiting lotteries In
Chapter $50, Section IS, as amended
by Chapter 30 of the Public Laws Of
1921, which reads as follows:
Every lottery. policy, policy lottery,
pooicy siiop. scheme or device of chance,
OF whatever name or description,
whether at fairs. or public gatherings,
or elsewhere, and whether in the In
terests Of churches, benevolent objects
or otherwise. is prohibited; and who
ever is concerned therein. directly or
indirectly. by making, writing, prin.-
ing. advertising, purchasing. receiving,
selling. Offering for sale, giving away,
disposinS of, or having in possession
with intent to sell or dispose of, any
therein, slip, bill. token. or other
device, purporting or designed to
guarantee or assure to any per-
son or to entitle any person to
chance of drawing or obtaining
any prize or thing of value to be
drawn in any lottery, policy, policy
lottery. policy shop. scheme or device,
of chance of whatever name or de-
scr1ptlon; by printing. publishing. or
circulating the same. or any handbi;l.
advertisement or notice thereof, or by
knowingly suffering the same to be
published in any newspaper or periodi-
cal under his charge, or ON any cover
or paper attached thereto; or who in
any manner aids therein, or is corf.
nected Herewith, shall be punished
by fine of not less than ten, nor more
than one thousand dollars.
In Section II of Chapter 127. except
ing that all personal property used
for prizes in any such lottery or de-
feited and turned over to an officer to
be sold by him and the proceeds paid
into the treasury of the county where
seized. The printing. advertising.
issuing or delivery of any ticket,
paper. document or material repre-
senting or purporting to represent the
existence of or an interest in lottery,
policy lottery. game or hazard. shall
be prima facie evidence of the exist
ence. location and drawing of such
and the issuing or delivery of any
such paper, ticket. document or ma
terial shall be prima facie evidence of
value received therefor by the person
who issues or delivers or knowingly
aids or abets in the issuing or deliv-
ering of such paper. ticket, document
or material"
1t is the duty of the sheriff and his
: deputies to enforce all criminal laws
and to prosecute violators thereof
| This is provided for by statute and
! recognized by the common law.
And so it was the duty of Sheriff
| Cole under his oath of office to enforce
| fairly and impartially, the laws
! against lotteries and gambling in his
| county and to encourage and not dis
courage his deputies in the perform.
| ance of their duties.
This complaint alleges that he has
violated that duty in number of in
stances specifically set out in th2
complaint, and I think in all fairness
| can say that if the evidence satisfies
! you that such is the fact, YOU would be
/ justified in finding that he has not
FAITHFULLY or EFFICIENTLY /
! performed the duties imposed uHcn
him by law and that such finding
would warrant his removal by The
Governor.