The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
YIELD TO THE POPULAR WILL.
Boston Post, Dem.)

The Maine judges having rendered their
opinions on questions submitted to them the
public eye now more than ever is directed to
the focal point. The legal status now ap-
pears to be this: The Governor and Council il
have passed upon the returns and by their
action certain persons hold certificates OF cleo
ton and certain cities are temporarily ex-
cluded from representation at the organiza-
ton in contravention of the laws and constitu-
ton as interpreted by the Judges OF the
Supreme Court. AS heretofore intimated the
opinions of the court do not have the legal effect
to overrule the action of the executive. They
are advisory only. Every man to whom
summons was issued by the Governor has the
legal right to take his seat and hold it until
ousted by legislative authority or until it is
vacated by deBth or resignation. The Cover
nor has discharged his duty conscientiously
and more than that He was not under the
slightest obligation to consult the judges and
in legal point of view he was as independent
of them as they of him, but in pursuance OF
the wish of large numbers of all parties he did
seek the highest judicial opinion which in
general is averse to that OF the Governor and
Council and in some particulars, we may add,
to the highest legal authority in Maine and
elsewhere. 1t now remains for the men hold
ing certificates of election adversely affected
by the judicial opinions to determine for
themselves how they will act. Legally they
can 90 on with their associates and organize
legislature and government ii the ordinary
course of procedure and await the act of the
legislature ON all contested seats. The Repub-
llcans would doubtless do so under reversed
circumstances. They are not apt to yield legal
advantages either small or great.
Their course has been exasperating in
the extreme. The tone of their journals
is still irritating, and reprehenslble:
But on all other matters the people will
have abundant opportunity to pass hereafter
aud to mete out equal and exact Justice to all
concerned. In the present condition of things
only prima facie titles to retain them against
opponents who were in fact elected, and that
there should be graceful yielding to the pop
ular will. supported by the opinion OF the
Judges. Such course would give every man
his rights, would vindicate Gov. Garcelon in
the eyes of candid people, exhibit proper re-
spect to the judiciary, pay suitable re gard 10
the popular will and present an example OF
magnanimity before the country which
would elicit applause at home and abroad.
His is, we are aware, delicate ground to tread.
The responsibility rests upon such members
and their friends. But all must take cogni-
zance of the fact that the great mass of the
citizens do not and will not look at this con-
troyersy from technical and legal stand
point They understand in general that In
many districts the popular will has been prac-
ticalIy set aside and now learn that the SUI
preme Court with ore Democrat on the bench
has decided it to have been illegally done. In
a popular election what satisfactory answer
will our Democratic friends put in? 1t is for
them to consider not only as affecting Maine
but the country at large.