Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-03
pailp Aennfbtt sournal.
Augusta, Saturday Morning, Jan. 8. 1880.
Have WeaGoyernor?

have we GOScr0OR.
The question has been raised whether /
the State Of Maine has or has not Gov |
ernor. Alonzo Garcelon took the oath Of
Office and entered upon the duties Of Gov
ernor on Wednesday. the first dav Of Jan
uary, 1879. Now the constitution Of the
State. in section 2. article 5. part I.
says: The Governor shall be elected by
1.-The qualified electors. and shall hold his
''ofIies ONE YEAR, ir1a The jrst We,iaes-
''day n January ia etleh genr." so by
the letter Ut the constitution, for which
Garceion pretends TO have such scrupn-
fous regard. his term Of office closed on
Thursday last, tina. point being the close
Of a year from the time be- was indicted
into office.
Has Garceion stepped down and ogt
from the guberBaiorial sfiice? BY no
means. although the plain lett-r 81 the
constitution. on which he preiend- to base
his high handed act Of contingent the
peoples representative and counting in
his own "a members Of the legislature,
admonishes him that he /. holding the Of
fee without authority aud against is eS-
plicit declaration. Gareelen j. \ great
stickler for the letter 81 the constitution
10 count other men out Of Office who were
riyhtfulIy elected but when the letter tells
him his term of office has expired he re-
fuses To obey and clingH to office. He APP
plies his 'strict construction 10 the con
stitaiion only when Il serves the ends Of
the counting out conspiracy.
When The conspirators are confronted
with this question about the Governor.
mere quibtlc, a techniraliiy. and refer to
the spirit Of the constitution and 10 pre-
ccdent ~ ample justification for Garcrlon
holding his place more than II year. But
IL the letter is sufficient to count out a
representative or senator why should it
not be ~ powerful 10 uuscat the occupant
OF the GOVERNOR position?
hut there appears Ia be more than n
bubble or technicaity involved in the
question. Have we n GOVERNOR Some of
the best legal minds are of The opinion
that Garcelon's term Of office has expired
already, and that we are without a Gov
crnor in Maine senator Carpenter, upon
being questioned upon this point said !:
There can bc nothing palmer than that
"under proper construction of the Ian
"g,age OF the constitution. Governor
'Garcelon cannot exercise any authority
whatever as Governor one hour after the
"cxpiraiion of one year from the ist OF
January"
Representative Neal Of Ohio on being
asked for his opinion said The SUI
'prcmc Court OF Ohio has decided u sim
"ilar question in the ease of our Judges.
"rhe term of office. rs fixed by the con
"stituiion. is five years. Tho term of the
'iirsi Judge began on the second Monday
''of February. The question was raised
''by the Attorney General on y writ OF
"quo warrauto, and the supreme Court
Wtttttd tHll iitt t'liti~ " NV 'WtE'N
covered exactly five years. ao more and
"no less. think Governor Garcelor,
''must GO
Other men eminent in the law have ut
tered opinions similar 20 the foregoing.
and still Garcelon. who only few days
ago appeared on the platform with his
hand on his heart aud declared his UNI
wavcriug adherence To the letter OF the
constitution. resting his defence for the
contingent inlamy on that and that
alone. goes mp and down the state and
into the Council Chamber rs Governor.
regardless that the constitution says that
the Governor ''shall hold his office ONE
YEARtrvm he 6rt Monday Of January
ia each gear.' thus signiiyiug it the let
ter of the constitution is adhered to that
he is no longer Governor of the State of
Maine.