The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1880-01-10
THE MIsERABLE KANE MIDDLE.
The whole case IN regard to Name is easily

licans are in a minority OF at least u thousant
votes IN the state. Strictly, then, on the prin
cple that the majority should rlle, the fusion
lists ought to have the Governor and Legislature
A majority of 1000 IN Name is about the sam,
= rs 5000 in Illinois. The republicans woulc
consider it great outrage TO have the Govern
or and legislature counted in against them
here if they had carried the state by 5000 ma
jorty.
But the Republican Legislature of Maine
five years ago took care so to gcrrymander the
state that they were sure of the Legislature
though the Democrats were 5000 in the ma
jorlty ON the popular vote. In this way il
happened that Gov. GarCelon and his coun
! Gil could throw out more Democratic than
Republican returns for informally, and yet
the majorlties in the Democratic districts be
4 ing so large remained unaffected, while IN the
Republican towns, on account Of the small
majortles, the political result was frequently
reversed.
There is no doubt that III throwing out these
returns for informally Gov. Garcelon and his
council acted in strict accordance with the let.
ter of the constitution and laws of Maine as
interpreted both by abundant RepHblcan pre-
cedents and by the Supreme Court Of that
state A single case only need be cited At
the election in 1877 the two candidates for
senator in Aroose0k county were Edmund
Madigan, Democrat, and Parker p. Burlcigh
| Republican. On the face Of the returns sub
mitted to Gov. Conor (rep) and his council,
Madigan, the Democrat, had 104 majority.
The Governor and his council, however, IN ex-
aiming the returns, found technical defects
IN the returns from two towns-VGn Buren, and
Eagle Lakeland by throwing them out, elect
ed Burleigh by 70 majority. The Supreme
Court was appealed to by Madigan, and its de-
ciSion sustained the action of Gov Conor and
bis council This is but one case Ia the
state house at Augusta there is a strong black
walnut chest in which are preserved, among
the returns of past years, dozens, nay hundreds
of Just such cases, the details of which have
filled the papers during the past few weeks
Gov. Garcelon. therefore, had no doubts as
to the law and presidents. But the question
having been raised with great emphasis by |
the Republicans, Lot Morrill,, on their behalf,
proposed to Gov. Garcelon to submit a series |
of questions to the Supreme Court to get It's
opinion on the legal points involved. The
questions were SO ingenously framed that the
Supreme Cont could answer ali of them point |
eddy against Garceon and yet conflict with
none OF its own previous decisions or those of
previous Republican Governors and councils.
Gov. Garcclon naturally refused to submit the
questions IN that shape but framed series of
his own, that went to the very marrow of the
case, yet which the Supreme Court could not
decide against him without coming squarely
IN conflict with previous decisions of its own
as we'll as the action of previous Republican
Governors and councils. Garcelon probably
chuckled inwardly at his ingenuity, and sup.
posed of course the Supreme Court would not
go back on its own previous decisions and must
sustain him and his council. Innocent, dclud.
ed man! He had no conception Of the amaz
ing shamelessness and cheek that even Re
publican supreme Judge can exhibit in obedi-
ence to the behests of his party. He should
have known that no position is so lofty, no
trust SO sacred, but dyedin-t he-wool republi.
can will prostitute it to the basest uses in be-
half of his party. These Republican Supreme
Court judges went promptly and sturdlly back
on all their former decisions, and with no less
impudeRce than nerve squarey laid down
what is no doubt the correct law of the case,
though in doing so they ate tons OF dirt for
themselves and the whole Republican party of
the state of Maine.
The answers of the Supreme Court Judges
to Garcelon's questions, IN a word, uphold the
sound demscratic doctrine that the intention
of the voter, where it can be clearly made out
must prevail, and that the duties of canvassers
Or returning boards arc ministerial and not ju. :
lcial. OF course about the correctness of this
doctrine there can be no dispute, and none in
conflict with il was heard Of IN American poll, !
les until the Republican party introduced the
ystem Of returning boards with judicial"
powers to compel Republican victories in
Democratic states and districts, eliminating in I
he defeat of the will Of the whole nation In
he fraudulent counting in of the Hayes cleo
ors in Louisiana in 1876. n
The decision OF the Name judges took Gar. 4
elop by surprise. lie had evidently no con. a.
option of the enormous cheek those Judges b
ould exhibit when put to their muscle. His |,
naturally gave way to indigua. n
ion, and good law or no good law, after all,
he ut,erance of the judges were only their in. II
ividual opinions, and were no more binding q
m him than other mems opinions He there d
ore resolved to disregard them. h
Accordingly on Wednesday, when the hour G.
rrved for the Legislature of Maine to meet all !,