Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-12-13
From the Bangor Wing and Courier.
The Mandamus Hearing.

In view of the surrounding circumstances
it is safe to say that the hearing before JUS
tiee Virgin. of the Supreme Court in the
Senate Chamber at Augusta on wednesday
and Thursday of this week, was the most
important judicial proceeding in the history
of Maine In that hearing the principal la
Dor of argument upon the side Of the petit
TONERS representing the people of the State
devolved upon kOrville ID. Baker Esq, the
Junior partner of the firm of Baker Baker,
of Augusta, and comparatively young man
to grapple with the far reaching constitution
al principles and intricacies of legal con
structlon and practice involved. Hon. Ma
than Webb, of Portland, the distinguished
senior associate of Mr. Baker, was prevented
by circumstances to which we refer from max
ing extended contribution to the argument, al
though in the brief time occupied by him he
powerfully demonstrated the weakness and
insufficiency of the respondents answer
Mr. Baker opened the case and his argu-
ment throughout was marvel Of thorough,
compact, logical and eloquent presentment,
fortified at every point by an array of prece-
dents and authorities that evinced a remarka-
BILE familiarity with all the phases of the law
bearing upon the case. We have the author
ity of his eminent associate Mr.. Webb, for
pronouncing Mr.. Bakers argument 'mas-
terly' effort, and that was the verdict of all
who had the fortune to hear it. Probably the
highest compliment paid to the able, young
republican lawyer, however, was the involun-
tary tribute of the unwillingness of so expe-
rienced a counsel as Hon. A. =. Gould to at
tempt reply until after an adjournment for
further preparation.
On Thursday Mr.. Gould replied: 1t is
well known that he is gentleman Of more
than ordinary ability, and he spoke with a
great deal offuency for some three hours. He
presented some of his arguments in very
cogcnt way, but it seemed to us that his
method and manner were more adapted to
controlling jury than TO influencing the
trained and analytical mind of a judge. In
spite of his deprecatory demonstration at the
opening of the case, Mr. Gould was the only
one of the counsel to make potntedreferences
to men and things outside the case in hand,
and some of his illusions were apparently
intended for the amusement of the audience
rather than for the information of the judge.
At one time he suggested that in certain con-
tingences the present Executive might show
s'scintllations of that spirit that has become
famliarly characterized by the phrase, by
the Eternal " At another time he referred
to his client Cove, as sthat feeble little man
in his white cravat" But the most rcnlarka-
BILE feature of Mr.. Gould's address was in its
close, where he urged that the Court should
not issue mandamus unless its action could
be enforced, and then pictured the peril of IA
collision between the Judiciary and the Ex-
ecutive, by suggesting the possibility that
the Governor would refuse 10 permit the
mandate of the Court to be obeyed.
In Mr.. Bakers brief but masterful sum-
ming-up in rejoinder, he uttered n most elo-
quent and thrilling protest against the aston
ishing attitude of counsel who come before
the Supreme Judiciary of the State with a
threat that its decision shall be defed. In
such defiance, promulgated on behalf Of an
officer not only sworn to obey and execute the
laws, but furthermore bound by his response
biIities to be leading conservator of law and
order, Mr.. Baker found the most startling
suggestion of that public peril to which allus-
ion had been made Mr. Bakers closing
sentences we're delivered with great energy
and were filled with the beauty of spontane-
Gus and inspiring eloquence. Whatever may
be the action of the Cortland we cannot
entertain any serious doubt in regard to it,
the public may well feel that the peoples
course has been most ably presented, and in
the argument for the petitioner will be found
a noble vindication of the spirit and purpose
of the Constitution that guards the life, liber-
ty and happiness of the State of Maine.