New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-12-28

in his letter to the public and in all the reported IN
terviews that have seen he simply sayshe adhered
faithfully to the Constitution and the law
AN APPEAL To THE COURT.
"Snppose the action of Garcelon and his Council
should DO acauiesced in. what would be the re-
sultw
1T would be to place the Executive and Legisa-
tive departments of the State Government in the
keeping aud control of political party coniessediy
defeated by the people at election the fairness
of which was not at the time questioned by any
body. II is n most remarkable and singular thing
that an election without fraud or fraudulent intent
could be held IN any State as large as Maine and
all the inormalties and irregularities suilicient 10
affect the result shoull all be on the side OF one
political party and still more renaIkaDe, II posi-
BILE is the fact that that party should he the one TO
which the canvassers on the final result do not
belong" - ,.o
"Do YOU know OF any wav of settling the diff
entity now that il has gone 30 far y
eyes there are three that might be adopted. One
would require the assent of the Governor. and the
others would not require his assent Inc hrst which
in some respects ght be the BEST would be for the
Governor to call upon the Supreme Court OF the sta es
(under his constitutional night to do sol Tor judi
cal opinion on the question whether the suiuohses
issued by him 30 certain PERSONS as members OF the
legislature upon the facts OF the case egaIi
and constItutonaliy Issued. III the Court shOniu
decide they were not. the Governor could then cor
rect the mistake without personal qualification or
prejudice TO public interest. But should the Court
decide that their Issue was Justihed Dy tue law
o. NJ would end all rcaSOuaDle uieputc.
is IL moi singular that the Governor, while
making 80 many professions of desire to Keep
wthn the strict limits If the law has not caieu OIL
.he Supreme Court for an opinion 49,
That Is one of the curious features OF tins case
Ii would seem almost imposs Bile that canvassing
board on election returns eond nave any =, the
State of all representation IN ITS Legislature wneh
everybody living in those cities was perfectly Salis
fled for more than three months WI" wv,e bv ihs
Boa 4, especially when IN addition thcy were W re-
verse the political result IN the whole stare anu
Tins uulfy the will of the majority IN the scccioh
al their rulers il is rcas lnaDle To suppose they
would have desired to forliy their position 10y tne
highest judicial opinion wltnin theh reach; ~ -
therefore singular, If tue Governor desired legal
nrinln before ne acted, that he did not call upon
the Supreme Court instead OF consulting witi as
he says he did some of the most eminent lawyeLs III
the State. The opinion OF the Court would nave
hccn respected by all parties while the OPINION OF
lawyer would have no weight except Win the SIDE
IL favored But the Governor did not DO TINS, DIS
action if wrong. in issuing summOuses 10 persons
not elected. might be partially or possibly wholly
corrected in a strictly parliamentary mode by the
Legislature itself"
REMEDY WITHIN THE LEGISLATURE.
"In what way could this be done p
"Tnc Secretary of State is required to lay all the
returns of elections before each house of the Legs-
lature The ccrx of each house is authorized by
law rs understand to call the roll If members and
preside unui tine proper presiding nicer Is elected:
\ list OF members, certified by the Secretary OF
ms Council is furnished to the clerk of each house.
At the time aud place for the meeting OF tine Legs
laturr eacn OF the clerks would call the roll thus
made Gus of the members of their respective houses.
As the name OF each Of tine disputed members Is
called ID would be the rgnt of any member TO
object 10 his beng hen sworn and IN that case the
riphf TO ms seat must be settled by vote, ami on
tlat question only those members who hold uL-
questioned certificates would OF course. have the
right To vote. For rs every disputed seat III tins
rase woud rest upon identicaly the same point.
ihe VOTING OF am disputed member would be Just
HE same as voting on his own case. The first
tniu on the Assem- ding oi tine Legislature, If tns
mode of settlement should be adopted, would be
for each house 10 add TO the list OF members the
names of those persons elected in the five cities for
which the Governor failed TO issue any sunmonses.
Them .er dsposing of all the other cases III dis
mite each house could proceed regularly 10 elect
It's presiding officer aad TO the dispatch OF any
o-her Business
WHAT HONESTY DEMANDS.
"Now, what is your third modep
"Another mode of sett!ement-and this one would
he more creditlblc to patriotic impulses than any
other-would be for all who not elected by the
peoplo t. refuse {, act under certificates
issued upon mere tcchnicatics. The self-respect
of auy man must be Of che lowest order, Who being
deieitel at fair election by the people Tor any
office would afterward accept that office by reason
of any technical defect In the returns thereof"
g 81. fam. Nol