Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-04-12
CASE OF WHITE
(Continued from PAGE one)

solve providing for this constitutions
al amendment was passed by the Leg
| islature.
Governors Statement
In a statement issued Saturday by
Governor Brewster in which he de-
tends his position as a member Of
the tribunal which heard and decided
upon the evidence presented in the
| removal proceedings against Sheriff
Cummings of Kennebec County, the
governor declares that the statement
of a responsible newspaper seeking
to mould public opinion that the
chief Of the State police made COM
plant against Sheriff Cummings I'M
der instructions from the governor,
is unqualifiedly false.
The statement of Governor Brews-
ter is as follows:
"P-oceedings in the case of the
charges Of dereliction Of duty by the
Sheriff of Kennebec County have
been instituted under the provisions
of constitutional amendment sub
mitted to the people in 1917.
widespread runors of sensa-
tional character as to conditions in
Kennebec County have been current
during the past two months. AS a
result the Chief Of the State Police
in accordance with the duties Of his
office as laid down by the last legis-
islature and upon the advice of the
Attorney General was instructed to
make a thorough investigation.
Franklin Fisher, ESQ, of Lewiston
was assigned as special counsel to
assist IN the investigation because OF
his familiarity with proceedings OF
! this character through his association
with the office of the Attorney Gen.
eral in 1917 when the Constitutional
Amendment was submitted and pro-
ceedings were first instituted there
! under and also because it was deem
ed advisable that no one actively
| ientified at this time with the At
torney Generals Office should parti-
cipate in the investigation Of the case
or the presentation of any charges
that might result.
after a thorough investigation the
| chief of the State Police reported to
the Governor and Council that evil
dence had been disclosed which in
! the judgment Of himself and his legal
advisor require formal presentation
! to the Governor and Council and that
he vas prepared to make formal
| complaint against the Sheriff Of
Kennebec county for failure faith
fully and efficiently to perform the
| duties imposed upon him by law.
In justice to the official under
charges no consideration of any
character was given to the evidence
which the chief of the State Highway
Police had secured nor were any af-
| fidavits examined or any summary
of the testimony considered by the
Governor or any member Of the Exc
cutive Council or the Attorney Gem
eral at the time of the filing Of the
complaint or previous thereto in or
der that their function as a tribunal
and the function of the Attorney
General as their Constitutional ad-
visor should not be prejudiced i'll the
orderly presentation of the case.
1.-THE formal complaint of the chief
of the State Police as a result Of his
| thorough investigation seemed re-
quire public hearing in justice both
TO the accused official and to the peo-
pie of the State who are vitality in
terested in the proper administration
of law
''1t has been stated in a responsible
newspaper seeking to mould public
opinion that the chief Of the state
Police made complaint under instruc-
lions from the Governor. This state
ment is unqualifiedly false.
1.-THE first proceedings under this
constitutional amendment were insti-
tl-ted in 1918 shortly after It's adop-
| ton by the people and under the same
administration that was responsible
for it's enactment. The proper course
of procedure was carefully considered
by the governor and council and attor-
Rey general. who were most familiar
with the intent of the legislature and
the people in the adoption of this
amendment, and Governor MillilIen
was treated as a constitutional mem
Der of the tribunal to make findings
az to whether the charges were sus-
tanned and his vote was recorded as
a part of this tribunal as appears in
the records of the office of the secre-
tarv of state, and the sheriff Of Penob-
scot county was duly removed there
under.
elm the next administration proceed
ings were similarly instituted under
the constitutional amendment and
Governor Baxter upon the advice of
the attorney general was duly recorded
as a voting member of the tribunal
as appears in the records of the secre-
tary of state.
I'm the pending case the language of
the constitutional amendment which
tiating very carefully between the
governor and council the governor
and the governor, with the advice and
consent of the councir-and the prec-
edents which had charted the way
seemed entirely sufficient to determine
the course that should be followed and
il was the specific advice of the at
torney general and of every one OF
the lawyers who are members of the
executive council and of counsel for
The complainant and the respondent as
we'll that the governor was necessarily
sitting as constitutional member OF
the tribunal to try the charges and
make determination of the result.
cit seems desirable that the people
OF Maine who are vitality concerned in
the orderly administration of the laws
of the state should understand the
course which has been followed and
the precedents that exist for this pro-
cedure.
"The wisdom of divorcing the once
of the attorney general from the in
vestigation and prosecution of these
charges in order that he might be en-
tireIv free to advise the governor and
council in the exercise of their constl-
tutional duties seems to be very gen.
orally recognized.
I'm view of the doubt voluntarily
expressed by an active retired justice
who might under some circumstances
sit as a member of the supreme judi
ciaI court as to the power and authori-
tv and rights Of the various constitu-
tionaI officers here involved it seems
desirable that it now be definitely de-
termined after 10 years of unvarylng