Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-04-26

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prosecution to testify fully in regard
to alleged protection Of bootlegg ers
but when the defense called the fed.
eral agents to clear up this situation
the governor refused to allow the wit
nesses to testify whenever Mr.. May
objected.
It will be noted that most Of the
evidence that the governor has r.
viewed in his last statement was OF
alleged acts committed to January i
1925, and in the charge OF removal the
governor finds that the sheriff has moi
ON diverse days and times between
the nrst day of January, 1925, and the
cate OF making the complaint, faith.
Iuily and efficiently performed the du.
ties imposed on him by law.
This in my opinion is a violation
OF the l4th amendment Of the federal
constitution. which provides that no
state shall make or enforce anv law
winch shall abridge the privileges or
lmmunities of the citizens of the
United States; nor shall any state de.
prlve any person of life. liberty or
property, without due process OF law
nor deny to any person within its IN.
rlsdiction the equal protection of the
law!" W 'ne
constitutional question" he con-
eluded, lis here presented, as the re.
soIve OF 1917 is interpreted by the ma
Jorlty OF justices Of the supreme court
vloiates the guarantees of the const,-
luton and In my opinion involves the
appiication and effect Of that instru-
ton. q ieoeral ques-
sanborn's Andav,t
tor Inc at1davit Of former County A..
wa y Sanporn, in full, is as follows.
vo STATE OF MAINE
kennebec, SIS.
l. Walter NJ. Sanborn. attorn 49,
Jaw OF Augusta, Maine. after bo;n,
uuly sworn, depose and saw that de-
ing the years 1923 and 1924. ws ,
Souhty attorney of kennebec County
ana a that during that time nevsr
Illeo a complaint secretly with tbe
peoerai prohibition administration
OF with any one else, against 49,
SHerlH OF kennebec County AZ 80
atlltude towards the enforcement ~
idw' mat Henry F. Cummings wa :
sHerlH or kennebec County dur;n .
my SAID term Of office, 1928 and 1901
anu found him to be an officer
ieaay 10 Cooperate with me or other
oilcers, In the enforcement of law:
mat curing the latter part of 1922
complaints came from WaterviIIe
tnat conditions in that city were bad
owing TO the increasing custom of
conveying liquor into and through
WalerV1Ile from other sections. and
honorable Percival P. Baxter. then
Governor of Maine, called Mr.. Har-
wood, Mr.. Seth May and myself to
ms of1lce at the State House and
talked over this matter, and on jan
uary L, 1923, when Henry F. Cum
mlngs became sheriff of Kennebec
county, complaints were still com
ing from Waterville in the form of
anonymous letters to the Governor.
Sherift Cummings and myself: that
sometime in the month of July, 1923.
l received some anonymous letters
from Waterville complaining about
lack of enforcement and conditions
IN that city. l called Seth May on
the telephone at Auburn and he
agreed to meet me on the road be-
tween Augusta and Auburn, and I
started for Auburn and met Mr.. MAY,
Federal prohibition director, at Mon
mouth and / gave him a letter of
complaint, but 1 made no complaint
against the sheriff, but was asking
Tor the cooperation of Mr.. May in
looking after these complaints, If
they We're true or existed. Mr.. May
stated at that meeting that some
thing would develop at Waterville
within a week or SO as he was get
ting the same complaints, in SUBJ
stance, and had several men work
Ing in Waterville, and had had for
some time, however, no change in
the Waterville situation developed
and / took the matter up with Sher-
If Cummings and we decided to send
outside deputy sheriffs into Water
vile in order to try and clean up the
situation and the sheriff, under my
direction and with the cooperation
OF Governor Baxter, sent deputy
sheriffs into Waterville and made
many raids, searches and seizures
until no more complaints were forth
coming. and on my recommendation
early in 1924, Sheriff Cummings ap-
pointed wo of Seth Mays deputies
as deputy sheriffs to assist in clean
ing up the situation in this County;
that the situation was Strengthened
out and no more complaints were
being made to me when my term of
Office expired December 81. 1924.
WALTER NJ. 'SANBORN,
That of Mr.. Southland is
STATE OF MAINE
kennebec, SIS. April "a, 1926.
I, Frank z. Southland of Augusta,
Maine, County Attorney for the
County of Kennebec, after being duly
sworn, depose and say I have been
County Attorney under the admins
tration of Sheriff Henry F. Cum
mings since January /, 1925; that
during that time have filed no
complaint, secret or otherwise, re-
specting the sheriff of Kennebec
County with the federal prohibition
administration in Maine: that Sher-
iff Cummings has co-operated with
me in the enforcement of the law in
Kennebec County, and that condi-
tons in Kennebec County are, in
my opinion, as&good II not better
than any other county in Maine.
FRANK E. SOUTHARD,
County Attorney.