Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-07-16
Decision Deferred
Continued from Pace One)

ing which was held at the Kenne-
bee County Court House before
justice Charles ]. Dunn of Orono
that Sheriff John NJ. Eastman of
Benton, appointed to fill out the re-
mainder of the term of Sheriff Cum
mings was not the legal sheriff of
kennebec County.
Attorney James B. Perkins. repre-
senting Sheriff Eastman, maintained
that the language of the amendment
was simple and unambiguous and that
the intent of the Legislature and of
the people in passing the amendment
was Clearly set forth therein. He fur
Their declared that the governor was
perfectly within the law in voting as
ne did and that this was proved be-
yond a doubt by the advisory opinion
OF the supreme judicial court in an
SWer TO request for advice made hy
Governor ralph Q. Brewster before
taxing hnal steps in the matter. This
advisory opinion he declared to be an
authoritative determination of impor-
tant questions of law and as such
should have great weight in this mat
ter
Justice Charles ]. Dunn at the con-
cluSloh OF the arguments of the attor-
iIeES SAID that there We're several del
lcate points to be decided in this case
ana mat 1t would probably be several
uays before his decision was made
public.
Judge Connolly bases his argu-
menu upon the fact that the in n
pailot which was presented for the
people TO express their minds upon
the matter Of resolve, PROPOSING
an amendment to the constitution
OF the State of Maine relative To
.iIe tenure OF the office of Sheriff"
tne resolve as approved by the leg
Isiature' and the question as sub
mltted to the people upon the bal
lot are in conflict.
Upon this point he says In part:
Inc palIot introduced here by
copy shows a form of ballot, in ac-
eofd with the provisions of Section
OF Chapter Z of the Revised Stat
utes, which provides whenever the
approval of a Constitutional amend
ment is submitted TO tbe
vote of the people such questions or
question shall be printed on a sep
arate ballot. The ballot shall be SO
printed as to leave a blank space
ABOVE such amendment or question
so as to give each voter a clear on
portunity to designate by cross
mark CX) therein his answers to
the questions submitted and on the
ballot may be printed such words
as will aid the voter to do this as
yes and mo" and the like.
article XXXI of the Constitution
provides The full text of a measure
submitted to q vote of the people
under the provisions of the Consti-
tuition need not be printed on the
official ballots. but. until otherwise
provided by the legislature, the Sec
rotary of state shall prepare the
ballots in such form as to present
the questions or question concisely
and intelligibly".
Under Chapter 80. supra, the
Legislature otherwise provided
for the notification of municipal Of
ficers who were empowered and
directed to notify the inhabitants
to meet to give in their
votes upon the amendment. propos-
/ ed = and the question shall be:
shall the constitution be amended
as proposed by a resolution of the
/ legislature granting to the Cover
nor. by the advice consent and adj
vice of the council. the power to re-
move sheriffs and the inhab-
itants shall vote by ballot
on said question and if II
shall appear that a majority of the
inhabitants voting on the question
are in favor the same sha Il
! thereupon become a part of the con-
stitution".
1--WE gather from all this. that the
purpose and intention of this legis-
lature was to simplify the ascertain
ing of the consent of the electors
Matters for their consideration were
to be stripped of technicality and
stated concisely and intelligibly, so
that the question for decision would
be understood by persons Possessed
of ordinary intelligence.
WAS the proposal stated intelligi-
bly, and concisely?"
THE resolution appears to grant to
the Governor and Council. as a sepa :
rate, distinct and newly created body
power which never before existed in
them or any other tribunal"
us there any notice of this In the
: question submitted? If not, did the
Legislature comply with the consti-
tutional provision, (Article 10) (Arti-
Gle XXXVID 1.-THE Legislature .
may propose amendments to this
constitution; and when any amend
ment shall be so agreed upon, a reso-
luton shall be passed following
the passage of said resolve" the in
l, l.