Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-07-16

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in their votes on the question. wheth-
er such amendment shall be made"
1T may be argued that the reso-
luton itself was submitted to the
people on the ballot, but granting this
to be so, by what authority? APP
parently a gratuituous act on the
part Of the Secretary of State.
eve note also. that there is moth
ing in the question submitted which
identifies it with the printed reso-
luton by reference, nor does the
question put a searcher for definite
information In possession of an iden-
tifying reference as to date. title,
chapter, section or other matter to
which he might have recourse to
learn more Of the matter upon which
he is called to give in his ballot.
After citing exhaustive authorities
propounded the question was the
error made in submitting this amend
ment slight or grevious? and to this
answers that they contended that it
was grevious.
He said: Where we ask. was 1t
brought to the attention of the cleo
tors that they were departing from
the settled policy Of this State?
"By what means were the electors
advised that they were in this
amendment establishing a new tribu-
nal, whose decisions were not review
able by the duly constituted Courts :?
"Will this Court subscribe to q
theory holding that the will of the
people of this State with regard to
it's supreme law, can be ascertained
through an erroneous statement adj
dressed to them: that their answer
to such an erroneous statement is to
be considered as approving some
thing not identified In the statement
connected with it?"
Judge Connolly brought out the
fact that under article V, Section 4,
councillors may not hold civil office
while acting as members of the coun-
Gil and shall not be appointed to any
office during the term for which they
have been elected. He declared that
If the Governor and Council were
constituted a separate and special
tribunal it would in effect be appoint
ing the councillors to a civil position,
which would be contrary to the pro-
visions of the constitution, a fact
which must have been known to the
legislators who would have sought to
avoid 1t.
In his argument unfolding tho au-
thority of Sheriff Eastman, Attorney
James B. Perkins, of the firm of
Locke, Perkins and Williamson, ap-
pearing for Sheriff Eastman, declared
that Governor Ralph Q. Brewster is
charged with the enforcement of the
law and that he would be in a most
unfortunate position, We're he not
able to vote in a question of this
kind, having to do with the enforce
ment of the laws which he is re-
quired to uphold. He stated that
this amendment was provided that
the Governor and Council might have
more speedy method of removing
the sheriff if he We're not enforcing
the law and carrying out the duties
of his office In a proper manner and
that the language of the amendment
is clear and unambiguous.
In such a case, he argued, the
meaning of the legislature which
framed the amendment and of the
people who voted upon 1t should be
determined by the clear consice
wording of the amendment itself. He
pointed out that the proposed amend
ment was printed upon the ballot,
in full, in addition to the question
required by law, that it was published
in state paper prior to the election
and that ii was sent to the selectmen
of the various towns to be posted.
With regard to the proposition
cited in the writ served upon Sher-
if Eastman in which it was declared
that the provisions of this amend
ment contravene the provisions of
the 14th amendment to the Consti-
tuition of the United States which
sets forth that no person shall be
deprived of life, liberty or property,
without due process of law" Attor-
ney Perkins pointed out that due
process of law" is held to mean
lawful complaint. fair and impartial
trial and ADJUDICATION, and that in
this amendment is clearly set forth
requirements which make it impos-
sible for a hearing thus to contra
vene the 14th amendment. With re-
gard to the hearing held before Gov
ernor Ralph o. Brewster, he pointed
out that it is not uncommon for a
judge to order the arrest of a man
and to sentence him for a crime COM
mitted in the presence of the judge
himself.
He spoke particularly OF the adj
visory opinion of the Supreme
Court which was given upon request
of Governor Brewster and quoted
from the Supreme Court itself which
in 1880 declared with reference to
the famous count off,"
IAN election has been had by the
electors of this State. The right OF
the several persons voted for.' de-
pend upon the votes cast. The re-
suit should be truly determined in
accordance with the constitution and
laws of the State. 1t was the duty of
the governor and council thus to de-
clare it. And declaration of the vote
not thus ascertained and declared is
unauthorized and void. The COVER
nor and council examined the re-
turns and undertook to declare the
result as appeared by the returns.
Various questions involving the true
construction of the constitution and
statutes relating thereto arose and
the governor. by virtue of his con-
stitutional perogative. called upon
this court for its opinion upon the
questions propounded. BY the pro-