Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-04-28
..,,u.d from Page onsy

Il, to the G;,,stices as 1.-THE opinion
nv Of t1s well understood that the
Ihnk y does not have the FORCE OF
kniOn u as has been often SAID, Is
ana, n % upon the justices them
binolnso have expressed their
lies VIZ avsmuch as such an opinion
krion, lna Hen the Individual concius-
fused upi ,,stices without the aid
Of ' s for or against the pro
Contained in the questions.
ktsor .se opinion promulgated in
IFss u,v case an official declara-
pressshna law, I should have moth
o. t LIVER 10 say in regard to the
SIn or the logic upon wn1cn a
.' 1nainnIssration might be made, But
dee' ~ the fact that the opinion
dewor " and expressed leaves mo
sason,,ccSb doubt as ever with res
Is n .Sa legal status Of the sher-
70 w he appointed to succeed
Ea s cummings, deem It entire
sna to review the opinion for
pops~so of bringing more clear
pa NY minds of the people, who
70 mv , make constitutions. the
's y w. their action in adopting the
pll VI unde reconsideration, rs
sau st,on is defined in the opinion.
as .soning and the logic express
Fe sse dissenting opinion of Mr..
y w Deasy ands Mr.. Justice
sae ara clear and convincing but
Fns ~ M not analyze or review the
oninion may be boiled down
1Ae ,,Ugis sentence which could be
ssa5 thus, THE language of the
ls sTo is so clear and plain that
nia If construction can be ap-
I .". And this is an absolutely COR
% ale when it can be applied;
n the present case the appli-
If the rule begs the entire
u W. and. on the contrary, ap-
~ Y construction of the amend
7, and an Interpretation of its
I. which absolutely and entire
Range the phraseology of the
lament and. in my opinion,
f~gate It's meaning.
r., ia now examine the question
" .bs answers: Question /. Is the
lament proposed and proclaimed
h .tarpsaid, now a part of the Con-
fstjon of the State of Maine? This
f.stion is answered in the affirma-
Il. and with the proper construction
t,be amendment, correctly an
~ but as constructed by the
f-I,n incorrectly answered. But
II, l. not the material question.
Inpestion 2 involves the very es-
L. If the case. 1t reads, DO the
trsrror and Council, under the said
Er6ment. constituted a single
tmnal for the hearing of COM
Erfs against sheriffs; and has the
Ersrnor the power of voting, as a
I,mber of said tribunal, in the de-
fmnation of charges contained In
IN complaints?" This question is
k,Vered in the affirmative.
IyOw LET US see if this answer will
mi the test under the well known
HIS Of construction. l purpose to
kuss this question. first with
Erence TO the language Of the
Eendment itself, regardless of the
kestons submitting the amend
HINT; and second, the construction
tthe amendment in the light of the
kstons propounding the amend
kent to the people.
IThe amendment reads as follows:
Eheneyer the Governor and Coun-
upon complaint, due notice and
barring shall find that a sheriff Is
N faithfully or efficiently perform
y any duty imposed upon him by
", the Governor may remove such
tgiif from Office and with the ad-
and consent of the Council ap-
tnt another sheriff in his place for
remainder Of the term for which
tch removed sheriff was elected
HAT language as construed by the
khlOn, should read as follows:
Whenever Ralph o. Brewster, and
bert ]. Stearns. William L. Lin
Leroy Folsom, George E. Tor
Belmont A. Smith and Robert
Peacock upon complaint, due
EtCe, ETC., find that a sheriff is not
lhtully Or efficiently performing
y duty, ETC., the Governor may re-
tye."
should be here noted that under
constitution, Ralph o. Brewster
GoVernor, but The Governor is no,
Jpn 0. Brewster. The Governor
Inc chief executive of this state
afdless Of the man who may
lpy the office and the word has
En- SO used and defined for 10t
u.s. up to the present moment
Inc members of the Council
Se names have just been recited
members of the Council but the
aneil is not composed of these
uduals. The Council is COM
ed Of seven citizens of the State
are composite body and have
50 defined and regarded for
~ than one hundred years.
E0w It is perfectly evident that
Upmon does constnNe the word
Vernor" and the word Council"
ls from them the meaning
sh lney never had and thereby
pe'eIy eliminates the words
nefhor and Council" from the
fendment.
ne foregoing construction of the
saidnent by the opinion and
ua' as submit, is the only analy-
salcn can be given it, absolute
aFsatVes the only meaning that
9er given to either the words
ethor and Council" or the
1Se, Governor and Council" In
history of the State.
ad the opinion holds that the
rs u This state are charged with
sNuse that they should have
'uuea the word Governor" and
mOrd Council and the phrase
e a and Council" in accord
WIN me meaning of the phrase
ea svHeris.' For read the opinion
usa and It will be seen that the
Acuse or reason for giving the
so,, ana phrase Governor and
m u the meaning attributed to
kso". because they present an an
rs Mus phraseology which can be
s r's, only by the term "sul
IN, J.. which means "the only one
ksso anu. Now in constituting the
o M, OF the amendment, leav-
A. .ie answers, it Is not Ques-
h, " now the court understood
Ibtt NV the legislature understood
pnaa noW the people had a right
Tns ,n 1t from the words
tvprsa 1Hls rule is too general and
h. Va 10 require citation, yet in
~ iortify my statement with