State v. Butler
Supreme Judicial Court of Maine
On report. 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…
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On report. 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.…
1Opinion of the CourtEmery, 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 by freely allowing them their full, natural effect.
*96The people of Maine, in organizing their government as a State, vested the legislative power of the govei’nment in a body "to be 'styled the Legislature of Maine,” (Art. IV. Par. 1. Sec. 1.) and did not confer any such power on any other person or body, and did not authorize the…
2Cases cited9 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Dowling v. Lancashire InsuranceWisconsin Supreme Court · 1896
- Noel v. PeopleIllinois Supreme Court · 1900
- King v. Concordia Fire-InsuranceMichigan Supreme Court · 1905
- State v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Davis v. Florida Power Co.Supreme Court of Florida · 1912
- Inhabitants of the Town of Warren v. NorwoodSupreme Judicial Court of Maine · 1941
- Childs v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Pursley v. City of Fort MyersSupreme Court of Florida · 1924
- State Ex Rel. Rosenthal v. SmileySupreme Court of Missouri · 1924
19 more not listed; retrieve them via the Exa API.