New-York tribune., 1880-01-07

acter which cause Chill to approach the NOrth
American ideal of a republic more closely than
any of her sister countries. Good credit ana
good currency make strong sinews of war; ana
intelligence and public virtue have aided Ill tins
signal victory over two countries which are
honeycombed with corruption, and sunk deep
in ignorance and soth.
WHAT DID GOTERNOR GARCELON NEAN|
On the oath of December the Hon. Lot NJ
Morrill, addressed letter to Governor Garce-
Ion begging him to require the opinion of the
State Supreme Court "0n each law point In
Evolved in the variation of the count from the
" face of the official returns" His reason Tor
making this request was explained to be that
a very large proportion of the people of Maine
believed that they had been grossly wronged
by the acts of the canvassers, and that an
authoritative declaration by the Court would
"restore peace, order, quiet and good feeling"
Mr.. Morrill, moreover showed how prac-
tical effect could be given to the opinion OF the
Judges in case it should be adverse to the
action of the Governor and Council
He reminded Governor Garcelon, first, that
there were preccdents for recalling summons
enormously issued; and. second, that IN the
case of the FIVE disfranchised cities no summons
had yet been sent to anybody. He added:
even if there was question a. to the strict
legal right TO recall a certificate of election.
"it il not doubted that the decision OF the
"Court would at once cause the member not
"entitled TO the seat to retire; and the right
"ful member to be at once admitted" To
this the Governor replied: Nothing would
"gIve me greater pleasure than an authorita-
"tive decision upon points involved in the
"present condition of affairs. and also upon
"such as might be likely to arise.
"Please TO indicate the points that
occur to you which have not already
been adudicated upon, and ! doubt not
." that We may be able TO obtain a satisfactory
"solution of doubtful complications; or. If
"not satisfactory, at least such as may be
deemed authoritative" Rightly interpreting
the Governors reply as an acquiescence in
" the propriety of settling all disputed points
in this orderly, just and constitutional man
"ner" Mr.. Morrill, indicated fourteen ques-
tons to be submitted to the COnrt. Governor
Garcelon substituted for them twelve other
questions, framed, as he presumably supposed,
in the Democratic interest, and then called the
Court together.
What did the Governor mean9 Mr.. Morrill,
proposed an arbitration the Governor nc
cepted it. According to all rules Of honor
both parties, having agreed to an arbitration,
are bound by the decision. Governor Garcelon
in this case is under particularly stringent
obligation to abide by the result, because he
demanded and obtained the exclusive privilege
of determining what points should be laid
before the arbitratOrs. The Republicans might
have reason for resisting the judgment, on
the ground that the matter passed upon was
not that which they offered TO submit; but
the Governor has no such excuse T; they
are his own questions to which the Court, by
unanimous voice, has made these clear and
positive replies; and if DR.. Garcelon is an
honest man, he ought to stand by his implied
pledges. He cannot plead that the opinions
of the Judges apply only to future cOntrover-
sizes and that the past is iTevocable. The
pertinency of an authoritative decision
OF the Court to 4" the present condition of
affairs" 1--WE are quoting the Governors own
wor6s) was carefully considered in the preim-
mary correspondence and the arbitration was
proposed and accepted for the sole purpose, une-
ouivocally stated by both parties, of settling the
existing dispute about the proper complexion
of the Legislature. Governor Garcelon per-
fectIy understood what he was doing, and, If
| we assume that he Is blessed with ordinary
common sense, we must take 1t for granted
! that when he asked for the opinion of the
Court he intended TO be ruled by 1t. He
might have refused to go before the Court !;
| that would have been much simpler course
| than accepting arbitration and then repudi-
ating the decision.
| Probably he imagined that his twelve ques-
! tions were so artfully devised that the answers
| must be favorable TO his side. He supposed
that the technical strength Of his case was much
greater than it turned out to be. Mr.. Nor
rill's questions, it will be remembered, were
| framed with view Of ascertaining whether the
| Governor and Council had authority to permit
the correction OF defective returns 80 as to give
! effect to the known will OF the voters. the
coFolary being that ii was their moral duty 10
do this if they had the power. Governor Gar
celon refused to put tho inquiries in this form.
| He asked instead whether the canyassers had
a strict legal right TO throw out defective re-
| turns and to this he supposed that the Court
must necessarily answer Yes, whatever dis
cretionary authority thero might be for an
other and more equitable course. He over
looked two principles of law, clearly
stated by the Court: (1) That when public
rights are concerned pernissive authority
shall be construed as mandatory; and (2)