New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-12-13
THE hANDAMtS CASES IN MAINE.

JrDaE VIRGIN DENIES THE PETITION roR 4 WET
COMPELLING TIE SECRETARY 10 EXHIBIT THE
ElEt'iIOS RrTCRNs-riE DECISION.
PORTLAND Me-, Dee. 12.-Thc text of the opinion
ii .Indrc Virgin in the cases of A. K. G. Smith
and n Hin against Edward II. Cove. Secretary
of STATE asking for writ Of riandImus compelling
the iattcr 10 Exhibit the ccction returns is gwen
below:
The conclusion II clear nai, under the statutes at
u-,sn existing he reitGrs having interest, set
forth IL The petitoI might legally clam reasonable
opportunity 10 inspect the Official returns OF votes from
t,r esr.ciiyc districts riley had gal right under
T. aso,.lc resuations. ;hrin. after they
rf..i frr cxam'naon by tie Governor aud Council.
~ he conSttonatv IN al respects of tue ststutes
the que ,fion. the Court docs not undertake
the .r,reui proceeding. IT, bur n o opinion.
r. That under the Constitution Itself Independently OF
hr statute the sane right ni Inspection by the REALTORS
cx.;s The further holds tina, The respondent.
Secretary " State. legal custodian Of these official
iurnS ot otter records OF state Is responsible Tor
safe keeping, ann bound 10 exhibit them al all
times 10 nse whose interest Is such as TO Justify
'ninalou BY tcn hut while II i rot doubted that
IA" ne;t M pn3c Inspection exist to the extent ihdi-
pos ANT ~ ~ without cause refuses 10 txuloil them
upon demand therefore proIcfy made. II Il
fhg' the Government and Council shall examine al
In, returns wi'hm 2 comparatively limited period,
and fial issue simmons 10 such persons shall up
mar IN DC elected The dizzy To examine them necessar-
y Includes thl rghi Of possession o. them Tor such time
hrsp"ndsnf could no, lawfully assert against
the Governor and Council snch right OF
,mconsistcni With the pcrfcrmancc OF a duty which
icv0lved unon them lay the Constitution. When the
night ot puhiC Inspection comes III collision with the
necessary posses ~ the returns 10y ne Executive
tod, appointed to examine them. the respondent
.oi he IN iault # Tie former yields aud the latter pre-
Upon the question whether at any particular time
Wilt The Governor and Council engaged IN exam
in.hg The returns. or uider the circuus ances cn
ising, l. ia reasonable FOR iho.n to open 10
sin no. un,ler'ske. to ra.s upon. It
voaid bc ininrncIicane ior the court
IN.
ac action OF tnr Gnvein1r and Council ir This resnect
nor II matter over which the COurs exercises
peIiyiCDl,t,. White engaged IN examining the returas
unon the Responsibility OF their official station and the
sancnW OF tncir ollical oaths; they are final
rcorle IN regard u II. What Limitation upon
thr right Of oilers pcriorn'ance ct their own
duty necessarily ilpu ihcy must dc'crmiDc Ia has
lous been VII established Law the - ate that any
maieg enlrased 10 them The aiscreiian Of The Court
ton within the sphere " thmir executive duty
Ia a.rairs snnnliited to iArir own ildgnent
in thee rspncts coordinate branch Of ihcGovernnent
whc.. init COM does not preside.
CXhiht the rctrns To thc reator. there must sil
Governor and Council IL hold them exclusively when
ever fuhlncnt az constitutional obligation their
part 81 inpcrativclf jcmancod The mandate of issue
wUnlI terms recognize this responsible discretion
IN tie process. From tle answer IN the cause
iae respondent The production OF the they
~ the possession q The GONcinJr and the Council.
Tie term FOR tl"ir examination not having expired.
The law accorded 10 ihe REALTORS the right to
the returns whenever az opportunity could be- af-
vryed upon tie EN'cd.iFr iicprtueni; Oui IL LETT
rln Governor ana Council. acting under tho
offices The nnal ll.'l',s or what the discharge
oi their day necessarily required, and whether at
there was IN 'aci necessity lci,n them from the
ri tnrs. whose night 10 sre ,crn whenever II did not
Ouahy Int ricre win thc performance OF ,cia
nnir thc part al tire Governor ard Councl
The pciiilOn u disineecd aud writ denied