Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-07-21
EASTMAN SHERIFF
Continued from Page One)

'''tNA4 II was pIOlJOSEu u EIte people
differed materially from the actual
provisions OF the amendment, with
regard TO the tribunal before which
such hearing should be held, the
appointment stating that the governor
and council may remove sheriff ar-
ter due complaint and hearing. While
the question said that the governor
might remove a sheriff with the adj
vice and consent of the council In
as much AS the council. lacking on.
man through an untitled vacancy
caused by death, vot three for re-
moNaI and three against removal. the
decision on this point would have
great weight with regard to the right
OF the governor to vote with the conn
ell II the amendment should be ad-
Judged as properly adopted.
The right Of the governor to yote
WIN the council in case of this
kthd was upheld by the decision of
me justice who expressly stated that
me sherlH may be removed by the
Governor, where. after notice ana
-'D VII toIll pltllll MADE ny
any person competent. il is found Nv
the Governor and Council as q sinr,e
tribunal that the sheriff had not
faithfully or efficiently performed
duty" fei 'oi illeu
s,i fllteen DAYS are allowed for the
ming of an appeal by either nart,, in
which case the law court would -, 80
upon the validity of the proceedin@ c
ny which Sheriff CUMMINGS u.as re
moved and Sheriff Eastman tooL ~
fee. '0'h oI-
Justice Dunn's decision follows.
Al the relation of Henry F. Cun,-
lungs the Attorney General allowed
tils information in the nature of a
quo Warranto to be filed aeainst
Johh A. Eastman, To try the title IN
me ONCE of Sheriff of Kennebec
county. Answer and replics-ior
were MED seasonably. and the Issue
IS submitted after argument upon
documentary evidence. solely.
\ rev preliminary words NAV NOT
be out of place.
Cnder our governmental syster,
lne constitution oblises the Justices
OF the supreme judicial Court 10
give their opinion upon important
questions of law and upon solemn
OCCASIONS when required by the
governor" Act vi. sec. 3.
by this section, in which solemn"
Is used in the sense OF gravity-of
sumo oNeriullng neceSsity.-some
great emergency,--the Judges are
made in eXigency the legal advisors
OF the executive department of the
state government. Except as author
lzed by the constitution. the justices
are not to give opinions. and whether
call therefor be permissible is for
them to decide.
.Dellcate and difficult propositions
or law can seldom be satisfactory in
decision when made as they are. in
EWtue of such calls, without the
peneht OF argument at the bar. But
when such a call is made and COM
piled with, the opinion should be
respected and followed. for the Con
sttutton and the laws are as bind
ing upon public officials as they are
upon private individuals.
A sheriff is a constitutional officer.
with tenure of two years beginning
with the first day of January follow
ing election at the polls. unless
sooner removed" Con. of Maine. Art.
IN. sec. 10. Removal may be by i'm
parchment, that is, on conviction by
House of Representatives. or by the
Governor on what is styled address.
an application by both branches of
the Legislature later sanctioned by
the Council or, since the adoption
of an amendment to the Constitution
in 1917. sheriff may be removed by
the Governor. where. after notice and
upon hearing on complaint made by
any person competent il is found
by the Governor and Council u.s. a
single tribunal, that the sheriff nd
not faithfully or efficiently PERI, n
ed duty.
1t is contended that the resolution
which the Legislature passed to as
certain if this amending to the con-
stitution should be. which resolution
major vote of the electors affirmed
eventually, violated existing consti-
tutional provisions. The assertion is
that the proposal to amend was de-
ceptively referred. not necessarily in
intentional model, but that the legis-
lative statement. which in turn be-
came the question on the ballot, in
stead of having had the capacity of
indicating accurately to the voter.
caused him to he misguided, and the
proposed amendment to be not pro-
perly adopted.
Such doctrine cannot be entertain
ed now. Before the Governor remov-
ed the Sheriff. the Governor determ-
ined for himself that the occasion
was Of the kind to authorize him TO
call on the Court Justices for an
opinion whether the removing of
sheriffs in proceeding by complaint
Is supported by Constitutional