Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-11-17

RANSFoRD w. SHAW, Attorney
General of Maine, who with Will
liam b. Fisher, Deputy Attorney
General, is conducting the States
case against Sheriff Wescott
Hancock county was not faithfully
Or efficiently performing the duties
imposed upon him by law relative to
the enforcement of the prohibitory
law, as it is called. and the attorney
general was requested to investigate
and ascertain what the facts were
relative to the performance of duty
In this respect by Sheriff Wescott.
BY Section one of Article Nv of
the Constitution of Maine, it is pro,
vided THE supreme executive power
of the State shall be vested in a gov
ernor."
BY Section l. of Article v of the
constitution of Maine it is provided
He (the governor) shall take care
that the laws be faithfully executed"
Mindful of the constitutional obi.
cation and duty imposed upon him as
governor to take care that the laws be
faithfully executed. the governor
most properly called upon the attor-
ncy general to investigate and ascer-
tain whether or'not the laws in dues
NLOlk WIG utlS anu
GENTLY enforced in the county of
Hancock by the sheriff. of that coun-
ty.
THE. attorney general also mindful
of the duties of his office and the
mandates of the statutes prescribing
his duties. especially Chapter 2S3 of
the public Laws of 1917. which pro-
vides that the attorney general shall
at the request of any State depart
ment make or cause to be made in
vestigation in behalf of such depart
ment and he shall also prosecute any
case as may seem advisable pro-
ceeded through such means as were
at his disposal, and with such assist
ance as could DO enlisted to investi-
gate the conditions ia Bar Harbor,
and ascertain the facts relating to
the subject and the facts as ascer-
tanned will be presented at this time.
THE amendment under which we
are acting provides that whenever
the governor and council upon COM
plant, due notice and hearing shall
find that n sheriff has not faithfully
or efficiently performed any duties
imposed upon him b. law. the gov
ernor may remove such sheriff and
with the advice and consent Of the
council, appoint another sheriff in his
place.
THE power given by the amend
ment to the constitution to remove a
sheriff from office has heretofore been
invoked in two cases and in this mat
ter we have prepared the pleadings
and shall muster the facts along the
lines which we understand have been
followed by previous proceedings"
Here Attorney General Shaw read
the complaint which was filed by him
against Sheriff Wescott. and the laws
against tie sale of Intoxicating liquor
and the keeping of drinking houses
and tipping shops.
"One of the duties imposed by Sec
ton 40 of Chapter 1877 of the revised
statutes" said Attorney General
Shaw, continuing. sis that the sheriff
and his deputies shall particularly in
quire into and institute proceedings
in cases of violation or supposed vio-
lations of this law against the Illegal
sale of intoxicating liquors and the
law against the keeping of drinking
houses and tipping shops.
"The duty is also imposed upon the
sheriff and his deputies to diligently
and faithfully inquire into and insti-
.tute proceedings. enter complaint and
execute warrants in case of violations
or supposed violations Of law as set
forth in Section 81 of Chapter 127,
Revised Statutes, as amended, which
reads:
"'Noperson shall deposit, or have in
his possession, or order, transport or
cause to be transported into the
State of Maine, or from place to
place therein, any Intoxicating liquors