New-York tribune., 1879-12-30

ARBITRATION IN MAINE.

We are not sanguine of any decisive result
from the correspondence between ex-senator
Morrill, and Governor GarcclOn, but whatever
may come of the proposition to submit GER
tain points of the case to judicial interpreta-
ton, it is satisfactory at all events that the
proposition has been made. Mr. MOrrill's letter
TO the Governor is a model of good sense and
decorum. BY his careful yet easy politeness
he has done everything in his power to make
the course he suggests so agreeable to the
Governor that not only will it involve no sac
rifice of dignity on the part of that starched
and bristling Chief Magistrate, but it will
offer him the simplest way of escape from an
unpleasant situation. We do not see how the
Governor can help accepting the invitation in
the same frank spirit in which it is made.
If we are doubtful of a satisfactory result
it is because we believe the authors of the
Maine fraud must have prepared themselves
beforehand for just this contingency. 1t is
but too clear that the arrangements for count
ing out were made i'll advance, and made by
an expert I; and it is not to be expected that
scheme so elabOrately and astutely planned
will be abandoned, in the very moment of
success. merely in Difference to the protests of
outraged public opinion. Governor GarcelOn,
it will be observed, has thus far consented to
refer only those points which have not been
already decided. But, as Mr.. Morrill, peril
nently remarks. the question of what has been
decided is one upon which lawyers most fire.
quently fail to agree and If an equitable de-
cision is desired, the most important points
submitted to the Court should perhaps relate
to the applicability of rules already laid
down to the particular cases now under
dispute. If the Governor determines whether
this or that controversy must be governed by
this or that decision, he reserves to himself
the principal part of the dispute. 1t is also
TO be borne in mind that an executive act may
be grossly unjust and yet warranted by
statute. The law necessarily clothes Canvass
ing Boards with considerable discretionary
powers, and it is well understood principle
that the Courts will not dictate to executive
officers how they ought to use their discretion.
but will assume that they act according to
their best judgment and their conscience. In
some cases it is believed that the canvassers
exceeded their authority. In many instances,
perhaps in the majority, it is admitted that
they had legal power to throw out the re-
turns, but it is contended that they exercised
that power unjustly, for insufficient reasons.
III Is pIOOtDil tOO W tApttt tHdJ TIC
Court will pronounce an opinion upon these
alleged abuses of authority. Finally after the
Judges have spoken-if they do speak--it is
not clear how an effect is to be given to their
rulings. Mr.. Springer reminds us that the
Board of Canvassers is tunttus oficiO. and
cannot undo the wrong it has perpetrated.
The certificates have already been delivered
1t remains for the Legislature itself to accept
or reject the candidates who we're counted in.
This is undoubtedly the position which great
many Democrats will be likely to take in the
event of an unfavOrable opinion from the Su-
preme Court. But Mr.. Morrill, assures the Gov
ernor that there are precedents for recalling q
certificate improperly issued, and recalls the fact
that there are several disfranchised towns in
which nobody has been awarded certificate
In any event. an authoritative Interpretation of
the law will be of value to inform the con-
science of the Legislature and of the individual
candidates.
Whatever the outcome, as we said before
reference to the Court is greatly to be desired
1t will define tue position which the Repu6li-
can party must occupy in this crisis and it will
check an agitation that may lead TO the most
deplorable results. If it should prove, more
over, that the laws of Maine, instead of pro-
tecting the baot-bOx, are efficient only as traps
for voters, then there is 10 time to be lost in
mending them.