Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-04-23
amt" due notice and hearing and

plant" due notice and hearing" and
a finding.
II it had been the intent OF the
Legislature, in proposing the amend
ment, that the hearing aqd determine
alton of the charges should be by the
Governor with the advice and consent
OF his Council, we think it would have
said so. having aptly used the phrase
with the advice and consent of the
Council with reference to the ap-
pointment OF successor.
Three steps are clearly provided:
First, tribunal to hear and adjudge;
second. the removal based upon the
findings; and third, the appointment
of al successor.
The hearing and adjudging is by
the Governor and Council" In so
doing they are not performing. an or
binary executive act, but a quasi jul
dicial one. To hear and adiudge on
complaint after due notice is judi
cial function. The duty of the Gov
ernor and Council in hearing and ad-
judging under this amendment is un-
like that imposed upon them under
any other section of the Constitution.
1t is sui generis. They have been
constituted a special tribunal as triers
of facts. While not court in the or
binary meaning of the term, or judi
cial in the sense that it's findings are
i'll any manner subject to review by
the regularly constituted courts, up to
and including the findings the pro-
ceedings are, at least, quasi judicial
in their nature. The purely executive
acts of removal and appointment
follow. The duties of the Council as
defined in Sec. l, Art. V part second
of the Constitution are Ito advise the
Governor in the executive part of the
government" except in cases, of
course. where the Governor is ex-
pressly authorized to act without
their advice or consent.
This is not a case where the ap-
pointment was made by the Governor
with the consent of the Council, and
the presumption followed that, even
if not expressly provided, the power
of removal is vested in the same
body which appointed; or where I'M
der a statute the appointment was by
the Governor with the consent of the
Council and the power of removal was
in the Executive" and the word
Executive" was properly construed
in the particular case by the men,
bers of the Court in their replies to
questions submitted by the Council
and found in ~ Me-, 542 to mean the
Governor, with the Council acting in
an advisory capacity.
A sheriff holds his Office by man
date of the people, There is. there
fore, no presumption that the pro-
ceedings for his removal shall be by
the Governor upon the advice of his
oil ia Nl,1 -
by address, which, together with i'm
parchment was the only method by
which a sheriff could be removed
prior to the adoption of this amend
ment, the amendment very properly
provides a tribunal to hear and ad-
judge before the executive power may
act and remove. The removal in case
of a sheriff cannot be made. as under
Sec. 8 Art. IN of the Constitution. by
the mere executive act of the appoint
ment of a successor, T2 Ne. $50. but
must be preceded by an adjudica ton
We think from the language of the
amendment that the trainers in pro-
posing, and the people in adopting,
must have intended that the Governor
on whom alone the Constitution ex-
pressly imposes the duty of seeing
that the laws of the State are faith
fully executed" and who receives his
mandate direct from the people
should, at least. have an equal voice
with his Council in determining
whether there had been unfaithful-
ness or inefficiency in the case OF
sheriffs on whom the Governor must
depend in a large degree for the
faithful execution OF the laws: If the
Governor is not part of this tribunal
and only acts with the advice and
consent of his Council. and adjudica-
ton of unfaithfulness or inefficiency
is, in effect, not his, but that of the
Council alone. unless he could be said
to have a veto upon his findings. We
cannot agree that such is the proper
or intended construction Of the Ian
guage of the amendment.
We now come to question three
which involves the executive act OF
removal.
Question Three
8. After complaint. due notice.
hearing and finding by the Cover
nor and Council that a sheriff is not
faithfully or efficiently performing
the duties imposed upon him by law.
has the Governor the power of re-
moval without further action by
luellDeIS Ol TIE COunCll.
The amendment so provides IN
plain terms. The removal of a
sheriff is not governed by Sec. of
Art. TX of the Constitution. because
the tenure of his office is otherwise
provided for" Both his tenure and
removal is especially provided for in
Sec. 10 of Art. IL, as now amended:
and while his removal is an executive
n ho rf FL, a. n
by the Governor without the con-
sent of the Council where the
authority is given in express terms
70 Me-. $40, Art. XVIII Cons. of
Maine
raised only by the question submitted
the amendment. If the formula, or
question. framed for this purpose
differs from proposed amendment
in any respect, it cannot be claimed
the amendment, if adopted, has been
added to or curtailed to accord with
the question submitted. Cooney w.
Foote, 142 Ga. 647, 754; Cudihee V.
Phelps. 76 Wash, 314.
A resolve of this nature is mot q
legislative act which must be con-
strued as a whole. Only the amend
ment proposed ever becomes a part
Of the organic law, and if its pro-
visions are unambiguous. it must be
construed by itself according to the
well established rules of construc-
ton. One of the cardinal rules Of
construction applied to constitutions
is that where the language of the
Notice of First Meeting of Creditors
In the District Court of the United
fL,,. iint Of AIa inc