Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-04-10
Spears Statement
(Continued from Pace One)

! thorized to appoint a successor to
Mr.. Cummings. AS his successor,
whoever he may be. will be required
to give a heavy bond for the legal
discharge of his duties, and in the
prosecution of his office. will assume
perhaps great liabilities it seems i'm
| portant that he, at least, should
know whether he is legal officer.
The constitution of Maine, Art. g.
Sec. 10, provides for the election of
sheriff by the people. This section
of the constitution was amended in
1917 by a Resolve, submitted in
| Chapter 80 of the Resolves of that
year. The amendment presented in
that Resolve reads as follows:
whenever the governor and counsel
| upon complaint, due notice and hear
| ing shall find that a sheriff is not
| faithfully or efficiently performing
any duty imposed upon him by law,
| the governor may remove such sher-
| iff from office and with the advice and
! consent of the council appoint an
other sheriff in his place for the re-
mainder of the term for which such
removed sheriff was elected" In the
same resolve submitting the amend
ment to the people to be voted upon,
their votes upon the amendment pro-
posed in the foregoing resolution, and
the question shall be: Shall the con-
stitution be amended as proposed by
a resolution of the legislature grant
| ing to the governor, by the consent
and advice of the council, the power
to remove sheriffs who do not faith
fully and efficiently perform the du-
ties imposed upon them by law and
to appoint another sheriff in his
place for the remainder of the term
for which such removed sheriff was
elected?'"
The facts as disclosed by the news
papers this morning show that the
council. upon the question of remov-
al. stood three and three. 1t is,
therefore, perfectly evident, accord
ing to all the rules of municipal and
parliamentary law that the removal
of the sheriff was not advised or
consented to by the council. The
vote of the council. however, being a
tie, it appears that the Governor vot-
ed with the three members of the
council advising removal. thereby, as
/ l presume will be claimed. having
received the advice of the council for
removal by a vote of four to three
The council is an advisory body
provided for under article five, part
second. section one of the constitu-
ton which reads as follows: There
shall be a council to consist of seven
persons, citizens of the United
States and residents of this State to
advise the Governor in the executive
part of government" 1t is unneces-
sary to read the rest of the section or
other sections under this article as
the above quotation gives full ex-
preston Of the functions of the coun-
Gil in it's relations to the Governor.
Now it seems clear under the re-
solve above quoted submitting the
amendment which was adopted that
the sheriff in the present case can
not be legally removed except upon
the advice of the council. At first
glance it may appear that that part
Of the resolve providing for the
amendment, and the part providing
for the submission to the people, are
in conflict. The resolve for the
amendment says whenever the gov
ernor and council upon complaint"
and here 1t does not say the
governor with the advice and consent
Of the council. but it is very plain