New-York tribune., 1880-02-05
TIE MAINE SUpREME COURT

FOUND IN LAW, AS WELL AS EQulIf-NOI PAhllSAH
SOME DECISIONS AGAINST THE RRPUBucANs-
CARD FROM THOMAS G. sHEARMAE.
To the BdttOr or the Tribune.
SIR: The praise recently bestowed by General
Chamberlain upon the. decisions of the Supreme
Court of Maine was well merited, and viii meet
with almost universal sympathy. Nor should
think of adding a word q a tribute so eloquent, but
for the fact that some good men, who
heartily approve of the result which the
Court reached are apparently a little en-
barrassed by the fear that the Court
has somewhat overstepped the limos of law and
precedent, in its anxiety to attain 10 substantial
justice Thus. The Evangelist If am not mistaken
spoke Of the counting of votes in the manner pur-
sued by Governor Garoelon as something literally
prescribed by the Constitution of Maine. especially
as TO Distinguishing between votes for James M.
Smith and James n Smith, even when it might be
well known that all intended for the same
person. And The Christian Union this week speaks
Of the decision that the courts ale bound to take
notice of historical fact" etc.. as questionable
rule of law
Permit me to say, therefore, that the decision of
the Court in these and other respects is fully
tanned by long line Of judicial decisions in this and
other States and especially that this last point is
one of the least questionable propositions OF the
three admirable opinions of the Courts.
The rule that the courts are bound to take notice
Of all matters affecting their own State and National
government was laid down at some length by our
Court of Appeals (Slr. Justice Hunt writing the
Opinion) in SwinnertOn agt Columbian Insurance
Company, 81 n. Y. Ia. and in language
singularly like that of the court in Maine;
the Court saying: " 1t is impossible to shut our eyes
so closely not to that war had actually been
commenced" ETC.. etc The same rule realirmed
and lia1 In,
and other cases. The duty of the courts to know
the lawful authorities of the State is so well settled
that it extends to county officers Farley agt
MCOnne Lans. 42S; State aGt. Minnck, 10
Iowa. 123 much more to the Governor and Legis-
lature
As to the point Of an on the middle letter of
q name. the law has uniformly recognized only one
Christian name. No error In the middle name or
letter is of any Importance. This be found by
reference to as old a book as Coke upon Lttleton,
aud was settled in our State by Franklin agt Tai
madge. 3 Johnson, 81. Any one who wants to see
the decisions to this effect heaped together can
refer TO 10 IT, 5. Digest. 110, whore he viii also find
as many de ecsions to show that "jr." is part of
the name. The English cases 10 the same effect
The rulings of the Court that canyassers have no
right to assume that votes returned on town can
vass "a scattering" were not ballots with that
five Aldermen, the signatures of two sufficient
to sustain their return since the State canyassers
have right 20 that three not present,
although one might have refused to sign. are also
abundantly supported b. precedent; but will not
weary Won with further dry citations. Perhaps the
best evidence Of the soundncss Of the opinions of
the Maine Judges was given last December, by the
honorable course Of the Democratic Board of State
Canvassers at Albany, who followed their rulings rs
a matter Of course. notwithstanding the temptation
of securing the Office of Leutenaut-Goyernor for
their own candidate by a slight pervorslon Of the
returns.
Suffer me, however TO add that yOn have uncon-
sciously done the Judges of Maine a wrong, by m
advortently saying that they had decided every
point IN favor of the Republicans. They
did not on the contrary, they decided
that Governor Garcelon's term of Office
extended to the end of the first Wednesday in
January, whereas the Republicans hoped for n de-
cision that it had expired nearly ono week before
On some other points. also, they decided contrary
TO the party interest. And this reminds me, also,
that there " at least one Democratic Journal which
has throughout uuequivocally condemned the frau
duleut canvass in Maine. and approved of the
tion of the Cort. | refer to The BrooElyH Daily
Ecgle. Yours very truly,
THOMAS G. SuEARMAN.
Ncr- VorI Feb & 1850