Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-03

for corrections contained in the same section
from which the above quotation is made.
Your Honorable Board will permit the I'M
dersigned to remark that you enjoy the dis
tincti0n Of being the first Governor and Coun-
Gil who have directly assumed the duty Of the
Judicial Department of our government. Ii
has been the practice of wise and prudent
Executives to invoke the judgment of the Su-
preme Court on ''all important questions of
law and upon solemn occasions as provided
in the Constitution, when doubts re-
specting statute might arise. But your
Honorable Board, without any reference to
the Supreme Judicial Court, which the con-
sttuton of Maine especially provides for,
assume to set aside the plain provisions of
law now on the Statute book. If your Hon.
orable Board can do this in one case you can
readily do it in others, and the execution of
our entire body of laws is thus made to de-
pend on the opinion which your Honorable
Board may have as to the constitutionalty of
the several parts, with the reserved right
which you have exercised in this case, of
changing your conclusion in the space of
fourteen days.
If this be the definite basis on which your
Honorable Board propose to execute the
laws Of the State, it would be merciful act
to notify the people as to which laws your
Honorable Board regard as binding and which
as imperative, and especially as to which
statutes are safe from change of construc-
ton beyond the period of fourteen days.
We respectfully submit that as individuals
we have the same right to determine the con-
stitutionality or unconstitutionality of law
for ourselves, that your Honorable Board
may have for yourselves. All laws duly en-
acted are binding until repealed or set aside
by Judicial decision, and your Honorable
Board is guilty, you will permit us to say, of
glaring usurpatiOn of power whenever you
decide to disobey or annu or refuse to exc
cute any law on the Statute book. Instead
of this unprecedented course, why not, like
your careful predecessors of all parties, sub
submit the question to the Supreme
Judicial Cont to determine what our
rights are under the constitution and
laws as interpreted and declared by long
line ofillustrious judicial decisions. You are
no more above the law than are the under
signed. Nay, Of all citizens, those called to
execute law should be the most ready to
show the example of dutiful obedience to
law. BY any ether course of conduct you
encourage characterization that is but a sin
gle step from anarchy.
We are asking for no rights not plainly
conferred by the Constitution itself, no rights
that have not been freely accorded to all our
predecessors. by all our predecessors. The
Anglo-Saxon mind detests hidden returns and
secret accounts, and star chamber councils,
and demands fair play and open proceedings,
and candid tribunal at every step. The or
ganic law of Maine, which demands an open
vote, and an open count, and an open return,
signed and sealed in open town meeting,
never contemplated that the same return, as
soon as it reached the Governor and Council,
should become a secret paper. invisible to all
persons, except those who, as in this instance,
may have hidden motive for the conceal
ment. Every member of your Honorable
Board is politically hostile to the republican
party. But vast plurality of the people of
Maine decided by an open vote to entrust the
administration of their State government to
the candidates of the republican party, and
your Honorable Board now decide that no
successful candidate for Senator or Repre-
sentative in that party shall so much as look
at an election return, though you have to
usurp the functions of the Judiciary to pre-
vent him.
Denied by your Honorable Board the COM
mon right Of inspecting election returns hith
erto accorded to all candidates denied the
right of appearing before the Executive Coun
Gil of Maine, hitherto freely accorded to all
citizens; treated with discourtesy and indig
NIFTY when prefering requests never before re-
fused, the undersigned present this solemn
protest. While resorting to other forms of
redress, the undersigned protest against the
arrogant and unauthorized assumption of
power, the Unprecedented destruction of
rights, the bold usurpation of Judicial func-
ton, the scandaous secreting of public rec
ords hitherto open to honest inspection, which
have distinguished the course Of your Honor
able Board in all the matters herein submit
ted for your consideration.
NAHUM Il. HILL,
Senator-elect from Hancock.
ANDREW Il. G. SMITH,
Senator-elect from Lincoln,
JOHN l.. CUTLER,
Rep.-slect from Bangor.
Guy c. Goss,
Rep.-elect from Bath.