Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-08-04

that said Constitution as amended
vests solely and exclusively in the
members of said Governors Council,
the sole right, power and authority
to vote and pass judgment upon the
issue of REALTORS guilt or innocence
of the matters alleged against him
in the proceeding as aforesaid in
stituted for his removal from the Of
fee of sheriff of said County of
kennebec.
3. The Court erred in not hold
ing that the relator was not found
to be guilty as charged on the vote
Of said Governors Council, viz:
three affirmatively and three neg
atively.
4. The Court erred in not holding
that the Governor was authorized,
empowered and qualified to remove
an incumbent from the office of
sheriff, under said amendment to
said Constitution, only after an at
tirmative finding of guilt by ma
jority of the members of said Gov
ernor's Council.
5. The Court erred in not hold
ing that under said amended Con-
stitution the right, power and au-
thority to pass upon the question of
REALTORS guilt or innocence, in pro-
ceeding for removal of sheriffs
hereunder, is entrusted alone to
said Governors Council.
6. The Court erred in not holding
that matter in the nature of fraud
and deceit was practiced upon the
voters of the State of Maine, in Sc
curing and procuring the enact
ment and adoption of said amend
ment as part of the Constitution, in
that the said Legislature proposed
that the power of removal OF
elected sheriffs be granted the Gov
ernor and Council, and that the
concurrence of the voters of said
State was obtained to the enactment
into law of said amendment by rep
resenting to said voters that the
amendment proposed, granted to the
Governors Council alone the said
power Of removal.
7. The Court erred in not hold
ing that the said proposed amend
ment failed of a passage because
the minds Of the legislators as eX-
pressed in their proposal and the
minds of the voters of said state or
Maine as expressed on their ballots:
did not concur to a common intent
anu anu AAAANhSA 80
sential power and authority.
8. The Court erred in not hold
inc that the voters of the State,
voting in the State election on the
second Monday of September, 1916
did not vote affirmatively for the
adoption of said alleged amendment
granting to the Governor and
Council in q joint body the right,
mower and authority to vote on the
issue of removing from once
sheriffs elected thereto.
Q. The Court erred in not hold
ing that the Constitutional oooy
known as the Governors Council Is
of seven members.
10. The Court erred in not mold
ing that the Governors Councli
of six members is not
Constitutional body.
II. The Court erred in not hold
ing that it was not the intention OF
the voters who at said state election,
voted affirmatively for the adoption
of said alleged amendment to grant
to the Governor the right, power and
authority to vote on the issue of re-
moving from office sheriffs elected
thereto.
~. The Court erred in not hold
ing that it was the intention of the
voters who at said state election
voted affirmatively for the adoption
of said alleged amendment to grant
the Governors Council alone the
right, power and authority to vote
upon the issue of removing sheriffs
from office for failing to faithfully
or efficiently perform the duties i'm
poSed upon them by law.
10. The Court erred in not hold
ing that it was the intention of the
voters of said State of Maine voting
at the State election on said pro-
prosed amendment to register their
approval or disapproval Of an
amendment to the Constitution of
said State whereby the members of
the Governors Council, and none
other would be authorized, en-
powered and qualified to vote upon
the issue of the guilt or innocence
of sheriffs complained against for
not faithfully or efficiently per-
forming the duties imposed upon
them by law.
IA. The Court erred in holding
that the proposed amendment to the
Constitution, appearing as Chapter
80 of the Resolves of Maine in
1917, became and is, a part of the
of said State of Maine.
IS. The Court erred in holding that
under these proceedings matters con-
corning the proposal by the sLegisla-
ture OF an amendment to the Con-