State v. Butler

• Decision Date: 06 January 1909
• Parties: STATE, ON INF. OF HAMLIN, ATTY. GEN v. BUTLER.
• Court: Maine Supreme Court

73 A. 560

105 Me. 91

STATE, ON INF. OF HAMLIN, ATTY. GEN

v. BUTLER.

Supreme Judicial Court of Maine.

Jan. 6, 1909.

(Official.)

Report from Supreme Judicial Court, Somerset County.

Information, in the nature of quo warranto, by Hannibal E. Hamlin, Attorney General, in the name of the state, but at the relation of Thomas J. Young, county attorney for Somerset county, against Amos K. Butler. Case reported to the law court for determination. Judgment of ouster.

An information in the nature of quo warranto filed by Hannibal E. Hamlin in his capacity as Attorney General of the state for and in the name of the state, but at and by the relation of Thomas J. Young, who was county attorney for the county of Somerset, against the defendant, Amos K. Butler, who had been appointed "special attorney for the state" in said county, to act in all matters relating to the enforcement of the laws against the manufacture and sale of intoxicating liquors, and was acting in such matters.

The information is as follows:

"State of Maine. Somerset—ss.

"To the Supreme Judicial Court, or any Justice thereof:

"State of Maine, by Information, v. Amos K. Butler.

"Be it remembered that on the twelfth day of February, A. D., 1008, Hannibal E. Hamlin, Attorney General of the state of Maine for and in the name of the state of Maine, but at and by the relation of Thomas J. Young of Solon, Somerset county, state of Maine, comes into court and files this information against Amos K. Butler of Skowhegan, Somerset county, state of Maine.

"And thereupon the said Attorney General informing shows and gives this court to understand as the claim of said relator, as follows, viz.:

"(1) That said Thomas J. Young, the relator, who served the said county of Somerset as its lawful county attorney for the two successive years expiring on the thirty-first day of December, A. D. 1906, was at the state election held on the second Monday of September, A. D. 1906, duly and legally elected as county attorney of said Somerset county, that he duly qualified as county attorney as aforesaid on the nineteenth day of November, A. D. 1906, and became in all respects the lawful county attorney for said Somerset county for the term beginning the first day of January, A. D. 1907, and expiring on the thirty-first day of December. 1908; that he duly entered upon the discharge of his duties as said county attorney on the first day of January, A. D. 1907, for his said present term, and that he ever since has held, and now holds, the office of said county attorney except in so far as he may have been ousted in the performance of his duties thereof by the said Amos K. Butler as hereinafter set forth.

"(2) That since said Thomas J. Young has been county attorney, as aforesaid, it has been and still is his duty as such official to act as attorney for the state in said Somerset county in all cases in which the said state or county is interested, including the violations of the laws of said state against the manufacture and sale of intoxicating liquors.

"(3) That the said Amos K. Butler, claiming to act as 'special attorney for the state of Maine in the county of Somerset' under an appointment from the governor of this state dated the fourth day of January, A. D. 1908 (the validity of which said appointment is at the instance of said relator questioned and denied), at the December term of the Supreme Judicial Court begun and holden at Skowhegan within the county of Somerset on the fourth Tuesday of December, 1907, to wit: On the eighth day of January, A. D. 1908, at said Skowhegan, did assume and exercise and from thence continuously afterwards to the time of the exhibiting of this information has so assumed and exercised and still does exercise without legal authority or right, the office of the attorney of the state of Maine for said county of Somerset, to wit, the said office of county attorney for said county of Somerset in that he then and there assumed and exercised the same powers vested in the said Thomas J. Young as county attorney for said county of Somerset in all prosecutions relating to the law against the manufacture and sale of intoxicating liquors, and then and there assumed and held full charge and control thereof, and now exercises said powers and has and holds full charge and control of said prosecutions and claims the right and privilege so to do, and that he the said Butler as aforesaid then and there at said term of said court conducted the prosecution relating to the law against the manufacture and sale of intoxicating liquors, and then and there had full charge and control against the written protest and objection thereto then and there filed in said court by said relator, the said Thomas J. Young, as county attorney for the said county of Somerset aforesaid, and foe and during all the time, at and from said eighth day of January to the commencement of this proceeding, has there claimed and still does there claim without legal authority or right whatsoever to act as the attorney of the state for the county of Somerset in all prosecutions relating to the law against the manufacture and sale of intoxicating liquors and to have, hold and exercise full charge and control thereof, and to have, use and enjoy all the liberties, privileges and powers belonging and appertaining to said county attorney for said county of Somerset in all prosecutions relating to the law against the manufacture and sale of intoxicating liquors, which said office, liberties and powers to the extent aforesaid, he. the said Amos K. Butler, for and during the time at and from said eighth day of January to the commencement of this proceeding has usurped and does usurp, preventing the said Thomas J. Young from performing all the duties of his said office as county attorney for the county of Somerset.

"(4) That there may be, therefore, two officers of the law, claiming the same rights and powers before the grand jury for the county of Somerset and in the courts for said county of Somerset.

"(5) That the interests of the state require in all the premises that the title of said Amos K. Butler as 'special attorney for the state of Maine in the county of Somerset' as aforesaid shall be fully passed upon and determined by proper tribunal under the laws of the land.

"Whereupon the said Attorney General prays the consideration of this honorable court in the premises and that due process of law may be awarded against the said Amos K. Butler in this behalf, to make him answer to the state of Maine and show by what warrant he claims to have, use and enjoy his said office as aforesaid, and that his title, right and powers to his office as aforesaid be considered by the court and that they either be confirmed if valid, or a judgment of this court may be rendered against the said Amos K. Butler directing him not in any manner to intermeddle or concern himself in and about the holding of or exercising his said office, or to intermeddle or concern himself in and with the rights, powers and duties in any way belonging to in whole or in part the said office of the county attorney for the county of Somerset as aforesaid, and for such further and other action in all the premises as may seem to the court meet and proper.

"Dated this twelfth day of February, A. D. 1908.

"Hannibal E. Hamlin, Attorney General.

"Thomas J. Young, Relator."

"State of Maine, Somerset—ss.:

"February 12, A. D. 1908.

"Subscribed and sworn to by the above named Thomas J. Young, relator.

"Before me.

"Augustine Simmons, Justice of the Peace."

The defendant filed an answer, alleging, among other things, that he was acting in matters in said county relating to the enforcement of the laws against the manufacture and sale of intoxicating liquors under and by virtue of his appointment, commission, and qualification under the provisions of Pub. Laws 1905, p. 95, c. 92, § 8. The matter came on for hearing at the March term, 1908, Supreme Judicial Court, in said county, and, after certain admissions had been made, the case was "reported to the law court to render such judgment as the law may require."

Argued before EMERY, C. J., and WHITEHOUSE, PEABODY, SPEAR, CORNISH, KING, and BIRD, JJ.

Augustine Simmons, for Thomas J. Young, County Atty. Arthur S. Littlefield, for Amos K. Butler, Sp. Atty.

EMERY, C. J. We think the validity of the respondent's claim to exercise the governmental function of public prosecutor in Somerset county will be best determined by looking straight at the language of the Constitution and of the statute and at established principles, and freely allowing them their full, natural effect.

The people of Maine in organizing their government as a state vested the legislative power of the government in a body "to be styled the Legislature of Maine" (Const. art. 4, p. 1, § 1), and did not confer any such power on any other person or body, and did not authorize the Legislature to do so. It follows that the Legislature alone can exercise the legislative power, and alone is responsible for its wise exercise, and hence cannot transfer any of the power nor any of the responsibility to any other department or person. Says Judge Cooley in his Constitutional Limitations (Gth Ed.) p. 137: "One of the settled maxims in constitutional law is that the power conferred upon the Legislature to make laws cannot be delegated by that department to any other body or authority. Where the sovereign power of the state has located the authority, there it must remain; and by the constitutional agency alone the laws must be made until the Constitution itself is changed. The power to whose judgment, wisdom, and patriot ism this high prerogative has been intrusted cannot relieve itself of the responsibility by choosing other agencies upon which the power shall be devolved, nor can it substitute the judgment, wisdom, and patriotism of any other body for those to which alone the people have seen fit to confide this sovereign trust."...