Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1880-01-15
WISCONSIN, AND MAINE.

close resemblance 10 the ordeal
through which Maine is now pass
ing. Without going into details,
except as necessary to the general
purpose, it is proposed to draw the
/ parallel between the two, with ref
erence to the practical bearings Of
! the precedent formed IN one case
upon the actual exigencies in the
other case.
The vote Of Wisconsin in 1865
was very close between the Demo
Gratis and the Republicans, espec-
tally on the Governorship, After
the election it was conceded that
| the Democrats had carried all the
State offices but the Governor, and
a majority Of the llcuse. The
Senate was conceded to the Repub-
! Leans. Tie Board Of Canvasscrs
awarded the chief prize in the con.
test to Governor Barstow, the
Democratic candidatc FORE election.
The office was claimed for Mr..
Bashford by the Republicans. On
the surface the two State cases do
not seem to be so very similar, for,
AS is well known, there was no cleo
ton Of State officers in Maine by
the people, no candidate having the
required majority of all the votes
east, and the Democrats concedo
that by the lawful votes Of the PEG.
pie the Republicans elected a ma
iority Of the members Of both
branches of the Legislature, the
present Democratic majority in that
body having been secured by
throwing ont lawful votes on ac-
count of alleged irregularities of the
same. But unlike as the surface
facts may be, the essence of the
contests now and then is precisely
the same.
The Republicans of Wisconsin
twcnty.tour years agosought redress
! through the Supreme Court, and
Governor BarstoW, who had in the
meantime been inauguratcd amid
the glowing enthusiasm Of his par
ty, denied tho right of the court to
| interfere. That is the complexion"
| 10 which the Maine struggle is
/ bound TO come. II the Legislature
of Maine, as now constituted is not
4 legal body, then whoever it places
/ in the Gubernatorial chair will be
a usurpcr. The claim Of the Wis
consin Democrats, as abridged in
! the Tribnne was thus:
The question was high political one, which
! The canvass and possession OF the office, to
| gcther with RECOGNITION by the Assembly, had
! settled. and that Burslow'S title could not be
/ Investigated lay The court the Executive being
A sepeIate, independent and coordinate de
parIncnt uf tt. Government. The hnsily 81
/ the certificate VAS the phrase used an! the
doctrine of the Baystow men WAS thSt The COY
/ enorship WAS not civil "oHee but govern
mcntel department. with which the ia
/ dietary. Gnot her "d1paJtmlnt' could mot inter-
f,rr hy iuauly into The tile of It's occupant ;
/ i'm cthrt words, That in ease ct u uauJpa.,un oi
/ the Executive office hv - person not elect, d,
/ there YVES no legal mode Of redress, aud The
/ only remedy was by force, through revolution.
The council Of Barstow virtually
threatened that he would pay no
! heed 70 the voice of the court il it
were untayorahlo. The court adj
mitted that it could not awoGatc 10
! itself jurisdiction over coordinate
/ branch Of the Government, j. e.,
arplying it to The Maine case,
Garaolon, being the lawful Cover
nor, could not be restrained by in
dicial process from doing his duty
( in his own way; but all the judges,
/ including a personal friend Of Bar
slows, admitted "that, i a usurper
"came into and hold an office. he
"was not a coordinate department
"ot the Government but above
"the other departments, and HAT
"Jhe Governor must place himself
"within the constitution before
'claiming' It's protection. This is
equivalent to saving, continuing
the application, that if the Supreme
Court 81 Mane should think the
successor 10 Garcelon 10 bc usur-
pei. holding his certificate q elee-
ton from ma illegal Legislature, i
would have only 10 follow the y IS