The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1880-01-08
MORE 8 TO 7 BUSINESS.
What The Commission Did.
From the Cincinnati Enquirer.

From the Cincinnati Enquirer.
The answers of the Judges of the
Supreme Court of Maine to the ques-
lions submitted to them by Governor
Garcelon destroy themselves. The
opinion is, throughout, partisan de-
cision, distinguished for a plentiful
lack of consistency. This opinion
once more teaches the folly and i'm
propriety of making the Judiciary
political referees, of referring ques-
lions pertaining solely to political
elections to men on the Bench, as UNI
pires. It is discovered that their de-
cisions are as partisan as those of men
not on the Bench. Men on the Bench
have political prejudices as well as
men OF the Bench, and they are as well
aware as common people how they
would be abused if they decided
against their party. To subject Judges
to such political temptation
is hostile to the public interest. 1t
public respect for the Ju-
No more just or non-parti-
san decisions are reached than by Sc
lecting other men as referees, and, by
the same token, the Bench Is demoral-
lied and degraded. 1t is vicious Gus
tom that should not be encouraged.
For the sake of the self-respect of the
Judges, and to preserve the public
respect for the Judiciary, the practice
should be abandoned as contrary to
public policy.
The last half of the first question
by Governor Gsrcelon was
not q proper one to ask, and the ans
wer by the Judges is even more inn
pertinent. Clearly the Court can not
proclaim what the Legisla-
ture ought to do in these premises un-
til invited to do so by the Legislature.
The Constitution of Maine permits
does not command-the Governor and
Council and Legislature to submit inn
portant questions on solemn occasions
to the Supreme Judicial Court for
opinions but the Legislature has sub
mitted no questions to the Court. As
each House is by the Constitution
made the sole Judge of the qualifica-
tions and elections of it's own mem bers
it is highly improper for these Judges
now to say that "if it appears to the
House of Representatives that there
was an election of Representatives in
fact, they should admit them to their
seats, though no return thereof scds
made to the Secretary of the State"
In the answers 10 the second ques-
ton the Court lay down the elastic
principle that "much of the constitu-
tional requirement is directory mere
ly." The fundamental law of the
State, that is, is not mandatory when
to obey it would annoy the Republi-
can party. The Constitution of the
State is directory merely, say the
Judges; while in their answer to this
same question they assert the doc
trlne that permissible statute is man
datory. The Constitution commands
something to be done, and the Gov
ernor and Council may do it or not,
as they choose. a statute simply per-
naits something to be done, and the
Governor and Council must do it, tor
it is mandatory These are the re-
markable principles of construction
which the Maine Judges have applied
to Governor GarcelOn's questions.
And this answer is one OF the most
important, if not the most important,
proposed 10 the Court. In the reply
to the second question another princi-
pie OF Maine law is laid down, which
we ask our readers to file for few
minutes for reference. 1t is that the
Governor and Council have authority
to 60 behind the returns to aid and
correct them. The Judges say that,
" when the constitutional requirement
has been fully, or has been detective
ly, executed by the town officers, it is
in aid OF the constitutional provision
to supply the omission or deficiency
as nearly and as correctly as may be.
1t ia competent for the Governor and
Council to allow an erroneous return,
or one that is informal or defective, to
be aided and corrected by an attested
copy of the record" In respect of
this point, Governor Garcelon says
that the records are exactly like the
defective returns, and therefore cor
rections are not possible under the
statute named. The statute permits,
simply allows, the correction to be
made. 1t does not command it; but
these Judges say: "Ihe Governor ald
Council are bound 6y the statute. 1t
is mandatory upon Them" And these
are the same Judges who have just
declared that the constitutional re-
quirensents are directory merely"
And in announcing this doctrine they
also declare, in the language quoted
- hat hn
Gil have authority to 60 behind the re-
turns. What do these Judges say in
the answer 10 the next question The
less than majority of Selectmen of a
town or Aldermen of city is valid.
And the Judges answer: "When such
a return is laid before the Governor
and Council, they can not knoao, and
they hare no right to assume, that the
return IS not Udlid." They add that q
return signed by less than a majority
of the whole number, &c, $50 far as
the Governor and Council are con-
cerned is conclusively presumed to be
valid. Iheu hare no right to 90 be-
hind the returns" The Supreme Ju-
diclal Court of Maine should make it's
decisions consistent. They decide
that the Governor and Council have q
right to go behind defective Repub-
lican return to correct it and make it
count, but have no right to 60 behind
an absolutely illegal and unconstitu
tional Republican return, for that
would be to reject it.
In the answer to the fourth ques.
ton the Judges say that the Governor
and Council can not officially know,
nor haze the right to ascertain, that
votes returned as scattering were not
actual ballots. with the word scatter
ing written thereon" This is beau
tiful decision! The question of Gov
arunr Garcplnn waa cOuchad in .almOsf