Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-06

AGAINST the G0vefuOf anu No~~ -.
6rmed in brief that the full enect snouu
= a;ran 70 the natural and obvious mesning OF
,hs ,eturn.- that they are not 70 be strained
he idle techuicalities, nor their intent 10 oe
d;.torted by carping and captous criticis@-
Snch construction must be given to tne on
c;.I acts of municipal officers - VAL oess
comnort With the meaning and intention Oh
the parties. rs derived from fair and nones'
incarceration of the language used, TO sus-
tain r.,her than defeat the will OF the people
and disfranchise the citizens.
Such i, the opinion Of the high and unpar-
,;s.n tribunal OF the question. II is the DUTY
~ all rood citizens, governors ana gov.
erned. to heed il and carry 1t into e.
feet 40 far as lies within their power. we 90
NOT hermit ourselves to doubt that the duty
will be discharged.
To those who have received commission'
or certificates, which are nov authoritative!
declared to have been improperly issueo' .ne
path of duty is clear. II any man mas
haen honestly in doubt ~ to the pro-
nr;etx or decencv of taking Office under such
CIRCUMSTANCES. he can be honestly IN douoe
no longer. The highest tribunal in our State
has spoken clearly. definitely and unanimous
Iv in the matter 1t is not question OF poll
TICS hut of MORALS No good citizen, no hon.
est and self.respecting man will take seat IN
the legislature under q certificate which ne
knows Ia, been wrongfully granted MN.
| Those who have rightfully received certifi-
Gates will assemble in the legislative rooms
| AZ Augusta and their very first act will be to
admit 10 seats those who have been elected
bu, have not received certificates. Then the
organization of the houses will proceed in an
orderly and decent fashion becoming to
| American freemen. Any person seeking 10
| prevent or obstruct such result IS disturDer
of the peace and will be punished accordingly.
To even imagine different result would 20
a grave injustice to the men who have re-
ceiyed the false certificates The little gang
of desperate conspirators who have contrived
this wicked plot may seek to protect them
selves by wild attempts to carry out their
oriyina, designs, but no good man will wish
and no prudent man will dare to involve
himself in their ruin by becoming their in
strument.
From the Portland Argus (Dem.)]
! We were opposed to the submission OF
these questions by the Governor, because OF
the lateness of the action. The canvass had
been completed and the certificates issued.
The opinion of the Court would change moth
ing in that regard, and would only tend to in
crease the confusion and excitement We
did. however, favor the submission of similar
que tions to the Court BY the legislature with
view to obtain such advisatOry suggestions
as would aid in rightly settling contested
seats and also with view to such reforms in
the election laws as would ensure the lawful
expression of the popular will in elections and
equal justice to all parties.
| 1t is in this latter regard that we welcome
the opinion of the Court, which is only adj
visory in character. Its views are worthy Of
careful consideration in determining ques-
tons of contrOverted facts in amending, as
we have urged should be done, our election
laws, and for the generally sound views in re-
gard to the duty Of giving expression to the
popular will. If the republican party had
acted upon the views now expressed by the
Court the list of officials in this State during
the past twenty years would have shown
scores more Of democrats than the record
now presents. And had they been acted up
on by the republican party in 1876 the mon
strous frauds Of Florida and Louisiana would
not have been perpetrated, the will of quar-
ter million majority of the American people
would have not have been ruthlessly tram
pied upon; and Samuel J. Tilden would now
be President of the United States.
We make no comments as to the the bear
ings of this opinion upon other opinions and
decisions of the Court. We should not be
surprised if lawyers should discover that it
makes nearly as great havoc with judicial de-
cisions and opinions rs it makes with repub-
lican presidents. 1t is certainly very strong
ly on the side of laxity of construction in re-
gard to returns, and excusatory of negligence
in the performance Of duty by election officers.
But this may on the whole be wise. 1t may
be that the law is now too strict, or has for
many years received too strict an interpreta-
ton. If that be SO, it should be modified by
the law making power. enacting only such
provisions as are really necessary, and then
requiring their impartial enforcement.
From the Boston Journal.
If Governor Garcelon and his Council had
been pronounced guilty by a tribunal cOmpe-
tent to convict them, their acts and their
purposes could not have been more thorough
ly condemned than they have been BY the an
swers Of the Supreme Court Of Maine to His
Excellency's questions. As it is, the tribu-
nal which passes upon the constitutionalitv
OF the laws and expOunds the constitution
declares in effect that the Governor and
Council have broken the letter and the spirit
of both the constitution and the laws in order
to count out the republican majority IN the
legislature. The Supreme Court as effect
ually condemns their action as if it had been
called upon to decide each of the cases of the
thirty-seven republicans counted out. That
tribunal A. ehectually informs each one of
the twenty-five fusionists counted in bv the
Governor and Council that they will occupy
those seats in defiance of the constitution
and the laws as if each of them had been
called BY name and his case considered.
From the Boston Advertised
The Supreme Court of Maine has not left
shred Of the veil behind which the Govern
or and his supporters thought 70 hide them
selves. BY unanimous vote it has decided
every point submitted to it by the adroit dem.
oeratic lawyers, against the conspirators.
and in favor of those whom the people elect
ed to the legislature. 1t is impossible to
praise too highly the terse, clear and emphatic
Language in which the whole fabric of "idle
technicalities" and Of 'carping and captious
criticism" is overturned and swept away.
The opinion Of the court is like q fresh conv
OF the charter of our liberties, and its clear.
ringing sentences will be remembered A
proverbs. 1t lifts the whole controversy in.
to an atmosphere where principles control.
and where the miserable shifts and pettifoe
ging devices Of political tricksters have no
weight II deserves to be and will be quoted
hereafter whenever designing men seek to
defeat the will Of people. The PRINCIPLES
lald down are such as will recommend them
selves to every fair-minded man, and the
af ho md q.