Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-04-14

Council are to make their innings,
would seem to be utterly inconsistept
with his right to vote with the Coun-
ell to make a majority for removal.
He is made to act In two capacities. It
seems to me that the power to remove
was to invest him with the character
Of judge. I think he should be re-
garded as sitting as q judge. IL not SO,
then the Governor and Council are
Grand Jury, Traverse Jury and Judge
to, impose sentence.
Such an Interpretation is against
public policy and contrary to every
instinct Of justice. On the other hand,
the Interpretation that the Governor
acts as a judge, independent of the
Council, or their finding. enables him
to take their conqklsion under cool
and careful adyisement and, after due
consideration, approve or disapprove
of what the Council may have ad-
vised him to do. And it seems per-
fectly reasonable that this was pre-
cisely what was meant to be done
under the first part of the Resolve.
But as proof that the Governor
was intended to sit as Judge and
the Council to advise, the second part
Of the Resolve submitting the amend
ment to the people is ample evidence
ana 1t SGSIuS " Iu0 SoAiOid0iSC
that the Legislature not only intend
ed, but unequivocally expressed the
manner in which the Governor and
Council" should act upon questions
raised under this amendment; and it
seems to me further that unless ef-
feet is given to the language Of the
last part of the Resolve, then the
whole amendment is nugatory.
The people voted upon the whole
Resolve, but their answers were con-
fined specifically to the second part.
The question upon which they voted
was specific and clear, namely,
"Shall the constitution be amended
as proposed by resolution of the
Legislature granting to the Govern
or, by the advice and consent of the
Council, the power to remove sher-
iffs," etc.? BY the use of the above
language the Legislature specifically
defines the amendment upon which
the people were to vote. 1t is an
amendment granting power with
1.-The consent and advice Of the
Council" nothing more and nothing
less. In my opinion this language
gives a perfect Interpretation of
what the Legislature meant by the
use of the words Governor and
Council" in the first part. And when
the language of the amendment and
the language of the submission are
read together they make perfect
and consistent whole. The amend
ment gives the Governor and Cour
Gil as Governor and Council" arc
spoken of with reference to every
matter that comes before them the
authority to hear and decide, and
he W. tA cfo -
how they shall hear and decide
1t is always said that the Govern
or and Council will hear pardon,
but they act separately. In a par
don case the Council may vote I'M
animously in favor of a pardon, but
the Governor may refuse to grant
it just as he may refuse to remove
the sheriff, even though the Coun-
ell may have unanimously con-
demned him.
The first part and the second part
OF this Resolve, if read together,
could be abridged and fully stated
as follows: 1.-THE Governor and
Council. upon complaint may give
notice, order a hearing and find
that the sheriff is guilty, and the
Governor, with the advice and con-
sent of the Council may remove such
sheriff from office" In my opinion
the foregoing epitome of the Resolve
expresses just what. the resolve
means, what it was intended to
mean by the Legislature, and what
it is construed to mean by the court.
Referring to the precedents cited
by the Governor, granting that the
Governor has voted with the Coun-
Gil in every case. yet the Council
has been in majority in each case
and the vote of the Governor was
absolutely immaterial. In every
case. as q matter of law. the Coun-
Gil, by majority vote advised the
Governor. Not so, however, in the