Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-05-03
DOES MIGHT MAKE RIGHT?

On Friday Governor Brewster is
reported to have stated in public
address that crime conditions In
Maine are better than ever before
lie was not reported as saying that
any exception to such favorable con-
ditions EXISTS in Kennebec County.
On Saturday he presumably au-
thorized an attack upon Kennebec
County Jail by the State Highway
Police.
Armed and equipped for warfare
they charged down from historic
Camp Keyes.
Viewed as spectacular per-
Torrance it undoubtedly was a thrill
Ter.
The attitude of Sheriff Cummings
appears to have been exasperating.
1t Furthermore is presumed that he
has been experiencing more or less
evaporation. But a great State as
sured of it's power is expected-in
cooler moments-to hold, eXasper-
alton in leash and to exercise pa
thence with the legal procedure 1t
has provided for Its own and others
use in times of peace.
Within a short time, probably, the
State could have obtained from the
Supreme Court a definite decision
settling the matter for all time.
There would have been left to Mr..
Cummings not the slightest excuse
joh
should decide against him; Mr..
Eastman would lose no rights by go
ing his way and awaiting results;
both factions would have accepted
the finality.
If legal methods In this State are
too slow or are inadequate, here
would seem to be needed from those
administering the States affairs 9TH
er effort than alone that Of exchang-
ing sheriffs by force of arms. How
ever profoundly we may have been
impressed by our martially trained
highway police we cannot avoid the
conclusion that not all our civic Ills
and shortcomings may be relieved
by that body.
We understand from Governor
Brewster's statement that he Is vir-
tually carrying out the instructions
of the five justices, who advised him
that he had the power of removal.
He has not, however, a definite bind
ing decision of the court after a
hearing Of both sides of the case.
Justices succeed justices in the
march of events, even the givers of
advisory opinions have been known
to change them in light oE~all the
facts.
Here are certain features of the
situation, that seem entitled to our
consideration. After hearing three
of the six councilors-honorable and
sensible men according to repute-
did not agree with the other three
honorable men in finding that Sher-
if Cummings deserved removal.
Governor Brewster's vote was to give
to himself the power to order remov-
al, which he did. Doubts arose in GER
tain legal minds, also of good re-
pute. The governor yielded to this
to the extent of asking the court
for advice. Two justices advised
him he had not the power of re-
moval under the circumstances; one
replied that it would be improper
il not unfair to give an opinion in
place of decision after hearing
both sides. Five justices advised
him that he had the power of re-
moval. that the amendment is not
ambiguous. This, however. was ad-
vice, not decision of the law court
Here we have bothersome
crop of doubt and distrust and I'M
certainty. Should not the great
State have patiently exercised every
facility within its power to remove
these before resorting to violent
measures?