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LAW and LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) STATE OF MAINE ......... REPORT OF THE ATTORNEY GENERAL ....... for the calendar years 1941--1942 ATTORNEYS GENERAL OF MAINE, 1820-1942 Erastus Foote, Wiscasset . 1820 Jonathan P. Rogers, Bangor . 1832 Nathan Clifford, Newfield . 1834 Daniel Goodenow, Alfred . 1838 Stephen Emery, Paris . 1839 Daniel Goodenow, Alfred . 1841 Otis L. Bridges, Calais . .. .. .. .. .. .. .. .. 1842 W. B. S. Moor, Waterville . 1844 Samuel H. Blake, Bangor . 1848 Henry Tallman, Bath . 1849 George Evans, Portland . 1853 John S. Abbott, Norridgewock . 1855 George Evans, Portland . 1856 Nathan D. Appleton, Alfred . .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1857 (;eorge \V. Ingersoll, Bangor (died) . 186o Josiah H. Drummond, Portland . 186o John A. Peters, Bangor . 1864 William P. Frye, Lewiston . 1867 Thomas B. Reed, Portland . 1870 Harris M. Plaisted, Bangor . 1873 Lucilius A. Emery, Ellsworth . 1876 William H. McLellan, Belfast . 1879 Henry B. Cleaves, Portland . 188o Orville D. Baker, Augusta . 1885 Charles E. Littlefield, Rockland . 1889 Frederick A. Powers, Houlton . 1893 \Villiam T. Haines, Waterville . 1897 George M. Seiders, Portland . 1901 Hannibal E. Hamlin, Ellsworth . 1905 Warren C. Philbrook, Waterville . 1909 Cyrus R. Tupper, Boothbay Harbor (resigned) . 19II William R. Pattangall, Waterville . 1911 Scott Wilson, Portland . 1913 William R. Pattangall, Augusta . 1915 Guy H. Sturgis, Portland . 1917 Ransford W. Shaw, Houlton . 1921 Raymond Fellows, Bangor . 1925 Clement F. Robinson, Portland . 1929 Clyde R. Chapman, Belfast . 1933 Franz U. Burkett, Portland . 1937 Frank I. Cowan, Portland . 1941 DEPUTY ATTORNEYS GENERAL Fred F. Lawrence, Skowhegan ........................... 1919-1921 William H. Fisher, Augusta .............................. 1921-1924 Clement F. Robinson, Portland ........................... 1924-1925 Sanford L. Fogg, Augusta (retired 1942) ................. 1925-1942 John S. S. Fessenden, Portland (Navy) ................. .. 1942-1942 Frank A. Farrington, Augusta ............................ 1942- ASSISTANT ATTORNEYS GENERAL Warren C. Philbrook, Waterville . 1905-1909 Charles P. Barnes, Norway . 1909-19n Cyrus R. Tupper, Boothbay Harbor . 19n-1913 Harold Murchie, Calais . 1913-1914 Roscoe T. Holt, Portland . 1914-1915 Oscar H. Dunbar, Jonesport . 1915-1917 Franklin Fisher, Lewiston . 1917-1921 William H. Fisher, Augusta . 1921-1921 Philip D. Stubbs, Strong . 1921- * Herbert E. Foster, v\Tinthrop . 1925 Leroy R. Folsom, Norridgewock ........................ 1929- Richard Small, Portland .............................. 1929-1935 * Ralph M. Ingalls, Portland ............................ 1938-1940 Frank J. Small, Augusta ............................... 1934- Ralph W. Farris, Augusta ............................. 1935-1940 ·William Vi/. Gallagher, Norway ......................... 1935-1942 Richard H. Armstrong, Biddeford ...................... 1936-1936 * David 0. Rodick, Bar Harbor .......................... 1938-1939 John S. S. Fessenden, Portland (enlisted Navy, 1942) .. 1938-1942 Carl F. Fellows, Augusta . 1939-1940 * Frank A. Tirrell, Rockland . 1940-1940 Alexander A. LaFleur, Portland (enlisted Navy, 1942) . 1941-1942 Harry M. Putnam, Portland ( enlisted Army, 1942) . 1941-1942 Julius Gottlieb, Lewiston . 1941-1942 Neal A. Donahue, Auburn . 1942- N unzi F. Napolitano, Portland . 1942- William H. Niehoff, Waterville . 1940- *1 Richard S. Chapman, Portland . 1942 *1 Albert Knudsen, Portland . 1942 *1 Harold D. Carroll, Biddeford . 1942 * John 0. Rogers, Caribou . 1942 John G. Marshall, Auburn . 1942- *Temporary appointment. *1 Limited appointment to handle cases arising under R. S. 1930, Chap­ ter 138, Sec. 31-33, without cost to the State of Maine. LIST OF COUNTY ATTORNEYS Terms expire Dec. 31, 1942 Androscoggin Armand A. Dufresne, Jr. Lewiston Asst. A. F. Martin Aroostook Parker Burleigh, Jr. Presque Isle Cumberland Albert Knudsen Portland Asst. Richard S. Chapman Franklin Benjamin Butler Farmington Hancock Frederick T. Larrabee* Ellsworth " Ralph C. Masterman, *2 Bar Harbor Kennebec William H. Niehoff Waterville Knox Stuart C. Burgess Rockland Lincoln James B. Perkins, Jr. *1 Boothbay Harbor " Reginald Harris *2 ,, Harold W. Hurley *2 Oxford Theodore Gonya Rumford Penobscot Randolph A. Weatherbee Bangor Piscataquis Jerome B. Clark Milo Sagadahoc Ralph 0. Dale Bath Somerset Lloyd H. Stitham* Pittsfield " Clayton E. Eames *2 Skowhegan Waldo Hillard H. Buzzell Belfast Washington Oscar L. Whalen Eastport York Harold D. Carroll Biddeford * Entered military service. *1 Inducted into the Army. Honorably discharged. Enlisted in Navy. *2 Substitute County Attorney, appointed by the Governor. CONTENTS Page Letter to Governor Sewall ................................. 11 Report: ................................................. 13 General Activities of the Attorney General ............. 15 Expense kept at a minimum .......................... 16 Specific Activities I. Legislative Activities ..................... 17 II. Special War Session of January 1942 ...... 17 III. Homicides ............................... 18 IV. Liquor Commission ...................... 21 V. Baxter State Park Authority .............. 21 VI. Interstate Commission on Crime ........... 21 VII. National Association of Attorneys General .. 22 VIII. War Duties ............................. 22 IX. Work of the Emergency Municipal Finance Board ................................ 26 x. Androscoggin River Pollution ............. 26 XI. Departmental Changes .................... 28 XII. Medical Examiner System ................ 29 XIII. State Police and County Sheriffs ........... 30 XIV. The Runnells Case ....................... 32 xv. Opinions of the Justices .................. 32 XVI. New Books .............................. 33 XVII. Public Trusts ............................ 33 Summary ............................................ 34 Maine Criminal Statistics for the Years Beginning January 1, 1933, and Ending November 1, 1942 ...................... 35 Opinions Rendered: Complimentary Hunting and Fishing Licenses January 24, 1941, Frank I. Cowan 36 The Runnells Case · January 30, 1941, 37 Railroad Tax Apportionment February 7, 1941, " " 38 Discount on Liquor February 11, 1941, " 39 Discharge of Prisoners February 27, 1941, " 39 Parole of Prisoners February 28, 1941, Sanford L. Fogg 40 Board of Patients in Sanatoria February 28, 1941, Frank I. Cowan 40 Taxes on property mortgaged to State March 3, 1941, " " 41 Millinocket Airport March 3, 1941, Sanford L. Fogg 42 Damage by deer March 5, 1941, Frank I. Cowan 43 Liability under Defense Training Programs March 5, 1941, " " 43 Licenses for Barber Shops March 20, 1941, " " " 44 Differential Tax Rates March 25, 1941, " " " 44 Railroad Taxes March 27, 1941, " " " 45 4 CONTENTS Page State Trust Funds April 1, 1941, Frank I. Cowan 46 Publication of Municipal Audits April 14, 1941, 47 Excise Tax on Liquors Sold to Post Exchanges April 21, 1941, Wm. W. Gallagher 47 Reckless Driving May 13, 1941, Frank I. Cowan 50 Exclusion of Children from School May 16, 1941, 50 Chapter 230, P. L. 1937, re Sale of Clams May 17, 1941, 52 Canned Illegal Lobster Meat May 22, 1941, " " 52 -Suppression of Civil Disorders May 24, 1941, 53 No Interest on Money Refunded by the State May 29, 1941, " 55 Audit of Race Meeting Accounts June 14, 1941, 56 "Compact section" July 10, 1941, 57 Optometry July 15, 1941, 58 Expenses of Highway Commissioners July 18, 1941, 59 Highways in Park Areas July 24, 1941, 60 Current Expense July 25, 1941, 61 Appointing Power of Personnel Board July 25, 1941, 62 Mutual Savings Banks, re FHA Mortgages August 19, 1941, 63 Branding of Potatoes August 20, 1941, 63 Special Deputy Sheriffs September 18, 1941, 64 Use of Toll Bridges and Roads by Army Motor Vehicles September 19, 1941, 64 Tax Liens and Titles in Deorganized Towns September 19, 1941, 65 Limit on Deposits of State Moneys September 19, 1941, " 65 Insurance Advisers September 19, 1941, 66 Interest not Chargeable to State without Authority September 19, 1941, 67 Seizure of Books for Auditing September 19, 1941, 67 School Taxes on Unorganized Territories October 7, 1941, 67 Conveyance of Real Estate owned by Deorganized Municipalities October 7, 1941, " 68 Sale of Forfeited Lands October 15, 1941, 69 CONTENTS 5 Page Fees of State Police as Witnesses October 15, 1941, Frank I. Cowan 69 Members of Gouncil are State Officers October 15, 1941, 70 Inspection of Automobiles October 16, 1941, 70 Collection of Various Taxes October 16, 1941, 72 Transfer of Liquor Licenses October 20, 1941, 74 Maine Turnpike Authority October 21, 1941, 75 Costs of Audit, Highway Commission October 29, 1941, 76 Tuition Charges Based on Permanent Residence October 30, 1941, Sanford L. Fogg 76 Definition of "Wrought" Portion of Highway October 31, 1941, Frank I. Cowan 77 Sealing of Documents November 4, 1941, Sanford L. Fogg 78 Use of Title "Doctor" Nove111ber 19, 1941, Frank I. Cowan 78 Teacher an Employee November 25, 1941, Sanford L. Fogg 79 Compatibility of Certain Offices December 11, 1941, 80 Vacation Earned but not Taken December 11, 1941, Frank I. Cowan 80 Authority of Administrators to Protect Estates December 12, 1941, " 81 School buildings in Deorganized Towns to be Insured December 17, 1941, 81 School Funds in Deorganized Towns December 18, 1941, 82 Poll Tax Receipts may be Informal December 18, 1941, 83 Loan and Building Associations January 5, 1942, Expense Accounts of County Commissioners January 5, 1942, Sanford L. Fogg 85 Compatibility of Certain Offices January 6, 1942, 86 Expenses of County Commissioners January 8, 1942, Frank I. Cowan 87 Bonds, under Racing Commission January 22, 1942, 88 Registers of Probate-Fees January 23, 1942, " " " 88 Leases to be Executed by State Purchasing Ag·ent January 28, 1942, " " " 89 6 CONTENTS Page Definition of "Employee" of the State January 29, 1942, Frank I. Cowan 90 Powers of County Commissioners January 30, 1942, ".
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