CHAP. 122 Failure to file statement forfeits salary. Persons Section 10. No person elected to any office established by the constitution or laws of this state shall receive any salary or emolument for the period during which he shall have failed to file such statement. Section II. The following persons shall be guilty of corrupt practices and shall be punished by a fine of not less than fifty nor more than two thousand dollars or by imprisonment for not less than thirty days nor more than two years or by both. (a) Every person who shall directly or indirectly receive, accept, request, or solicit from any person, committee, association, organization, or corporation any money, gift, advantage, preferment, aid, emolument, or any valuable thing whatsoever, for the purpose of inducing or procuring any per- · son to vote or refrain from voting for or against any person, or for or against any measure at any such election, caucus, or primary election. (b) Every person who, in consideration of any money, gift, advantage, preferment, aid, emolument, or any valuable thing whatsoever, paid, received, accepted or promised to the advantage of himself or any other person, shall vote or refrain from voting for or against any person, or for or against any measure at any such election, caucus, or primary election. (c) Every person, other than the political committees known as the national, congressional, state, town, city, or ward, who shall solicit from any candidate for the office of elector of president and vice-president of the United States, of senator of the United States, or representative in Congress, or of any state, county, town, city, or ward office, any money, gift, contribution, emolument, or other valuable thing for the purpose of using the same for the support, assistance, benefit, or expenses of any club, company, or organization, or for the purpose of defraying the cost or expenses of any political campaign or election. (d) Every person who shall, directly or indirectly, pay, give, contribute, or promise any money or other valuable thing to defray, or towards defraying, the cost or expenses of any campaign or election to any person, committee, company, club, organization, or association other than to a treasurer or a political agent; but this sub-section shall not apply to any expenses for postage, telegrams, telephones, stationery, printing, express, or traveling incurred by any candidate for office or for nomination thereto. (e) Every person who, in order to secure or promote his own nomination or election as a candidate for public office, shall, directly or indirectly, promise to appoint, or promise to secure or assist in securing the appointment, nomination, or election of any other person to any public position, or to any position of honor, trust, or emolument; provided, however, that any person may publicly announce his own choice or purpose in relation to any appointment, nomination, or election in which he may be called to take part, if he shall be nominated for or elected to any public office. (f) Every person who shall directly or indirectly, by himself or through another person, make a payment or promise of payment to a treasurer or political agent in any other name than his own, and every treasurer or political agent who shall knowingly receive a payment or promise of payment, or enter or cause the same to be entered in his accounts, in any other name than that of the person by whom such payment or promise of payment is made. CHAP. 122 elector, upon or knowledge practices at may petition naming defendant and praying that alleged facts be inquired into. Section 12. At any time within thirty days after such elec- Voter or tion any elector or voter at such election may present to any information judge of the supreme judicial or superior courts a petition upon of corrupt oath, upon information or personal knowledge that corrupt elections, practices, contrary to the provisions of any section of this act, court, were committed at or preliminary to such election, naming the successful candidate as defendant, and praying that the facts alleged may be inquired into. If such judge shall be of the opinion that the interests of public justice require such pro-proceedceeding, he shall order reasonable notice of such petition to be given the defendant and shall notify the chief justice of the supreme judicial court of such petition. The chief justice shall designate an additional judge to hear such petition in conjunction with the judge to whom the petition was presented, and, in case of the latter's disqualification or inability, the chief justice shall appoint two judges to hear such petition. Such petition shall be tried without a jury, and the petitioner and all candidates at such election shall be entitled to appear and be heard as parties. In case such petition relates to the election of electors or president and vice-president of the United States, a senator of the United States, a representative in Congress or in the legislature, the trial judges shall have no power to declare any such election to be void, but shall file their joint finding as to whether or not the successful candidate, or his political agent was so guilty of corrupt practices, with the secretary of the state, together with the transcript of the evidence. In case such petition relates to any other office, the trial judges shall file with the governor their joint decision as to whether or not the successful candidate, or his political agent, was so guilty of corrupt practices, and as to whether or not such election was void as hereinafter provided. If said judges differ as to whether any such candidate, in person or in the person of his CHAP. 122 political agent, was so guilty, or whether any such election was so void, they shall so certify to the secretary of the state, or to the governor, as the case may be, and they shall also file a transcript of the evidence with such certificate. In case any such joint decision so to be filed with the governor shall decide that any such successful candidate, so petitioned against, was; in person or in the person of his political agent, so guilty of corrupt practices, such election shall be void, except as hereinafter provided; and in case of any such void election, the governor shall, within ten days after the receipt of such decision, issue a writ for a new election to be held within forty days after the issuance of such writ. If any candidate shall have been so jointly found or decided to have been so guilty, in person, of corrupt practices, he shall be ineligible to election or appointment to any public office for the period of four years; but the mere finding or decision that his political agent was so guilty shall not render him ineligible to office. But where the trial judges or one of them shall decide or certify that any such successful candidate was guilty of corrupt practices only in the person of his agent, and that (a) no corrupt practice was committed by the candidate personally and the offense was committed contrary to his order and without his sanction or connivance; (b) such candidate took all reasonable means for preventing the commission of corrupt practices; (c) the offense was of a trivial, unimportant, and limited character; and (d) in all other respects such election was free from any corrupt practice on the part of such candidate, and of his political agents, then the election of such candidate shall not be void, nor shall the candidate be subject to any ineligibility therefor. Costs may be taxed as in equity, and the trial judges shall have power to tax double, treble, or quadruple costs against the petitioner if they shall find that the allegations of his petition are materially untrue, and that his petition was brought from vexatious or malicious motives. An appeal may be had on questions of law from any decision relative to the ineligibility to public office of any such candidate, but no appeal shall lie from any decision holding that any such election was or was not void. Approved March 29, 1911. Chapter 123. An Act to provide for the admission of evidence in actions for libel in Certain Cases. Be it enacted by the People of the State of Maine, as follows: CHAP. 123 At the trial of any action for libel, the defendant shall be at Admission of liberty to give in evidence in mitigation of damages that the evidence. plaintiff has already recovered or has brought action for damages for, or has received or has agreed to receive compensation for, substantially the same libel as that for which said action was brought. Approved March 29, 1911. Chapter 124. An Act to amend Section thirteen, of Chapter one hundred and seventeen of the Revised Statutes, as amended by Chapter sixty-six of the Public Laws of nineteen hundred and seven, as amended by Chapter one hundred and ninety-five of the Public Laws of nineteen hundred and nine, relating to fees of witnesses before Referees, Auditors, and Commissioners specially appointed to take Testimony. Be it enacted by the People of the State of Maine, as follows: Section thirteen, of chapter one hundred and seventeen of the revised statutes, as amended by chapter sixty-six of the public laws of nineteen hundred and seven, as amended by chapter one hundred and ninety-five of the public laws of nineteen hundred and nine, is hereby amended by striking out the words, “One dollar and" in the second line, and by striking out the words, "fifty cents" in the second line, and inserting the following: 'two dollars, or before referees, auditors or commissioners specially appointed to take testimony, one dollar and fifty cents'; and by striking out in the twenty-first and twentysecond lines of said section thirteen, the words, "referees, auditors or commissioners specially appointed to take testimony," so that said section as amended shall read as follows: nesses. 'Section 13. Witnesses in the supreme judicial or superior Fees of witcourts or in the probate court shall receive two dollars, and before referees, auditors or commissioners specially appointed to take testimony, one dollar and fifty cents, or before the county commissioners one dollar, for each day's attendance and six cents a mile for each mile's travel going and returning home; Lut the court in its discretion, may allow at the trial of any cause, civil or criminal, in said supreme judicial or superior courts, a sum not exceeding twenty-five dollars per day for the attendance of any expert witness or witnesses at said trial, in fees of ex pert witnesses. CHAP. 125 taxing the costs of the prevailing party; but such party or his attorney of record, shall first file an affidavit, during the term at which such trial is held, and before the cause is settled, stating the name, residence, number of days in attendance and the actual amount paid or to be paid each expert witness, in attendance at such trial. And no more than two dollars per day shall be allowed or taxed by the clerk of courts, in the costs of any suit, for the per diem attendance of a witness, unless the affidavit herein provided, is filed, and the per diem is determined and allowed by the presiding justice; and before a justice of the peace, a trial justice, a judge of the municipal court, fifty cents a day attendance, and for travel, the same as the courts aforesaid.' Approved March 29, 1911. Acts of notary public ful. Chapter 125. An Act concerning notaries public who are stockholders, directors, officers or empoyees of banks or other Corporations. Be it enacted by the People of the State of Maine, as follows: Section 1. That it shall be lawful for any notary public shall be law who is a stockholder, director, officer or employee of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by such corporation, or to administer an oath to any other stockholder, director, officer, employee or agent of such corporation, or to protest for non-acceptance or non-payment bills of exchange, drafts, checks, notes and other negotiable instruments which may be owned or held for collection by such bank or other corporation: Provided, it shall be unlawful for any notary public to take the acknowledgment of an instrument by or to a bank or other corporation of which he is a stockholder, director, officer or employee, where such notary is a party to such instrument, either individually or as a representative of such bank or other corporation, or to protest any negotiable instrument owned or held for collection by such bank or other corporation, where such notary is individually a party to such instrument. when unlawful. Shall apply to notaries already appointed. Inconsistent acts repealed. Section 2. This act shall apply to notaries public already appointed and shall validate any acts heretofore done by them which would be valid hereunder. Section 3. All acts or parts of acts inconsistent with this act are hereby repealed. Approved March 29, 1911. |