Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-01-17
Aancaster fnteIligerlcer.
EvENnSe, JAN. II, 1890.
The Maine Muddle.

The Maine Muddle.
The Maine muddle has got beyond our
comprehension and We doubt whether
anyone outside the state, or perhaps In
It. understands the right of the matter or
the law of it, which ought to amount TO
the same thing. A great many people
have had great deal to say about it,
and it is not for the lack of words and
opinions that understanding of it is not
reached; but rather because Of them.
We assumed in the outset that the gov
ernor and council knew what they were
about and that their decisions were
founded upon the laws of the state. Inc
supreme court afterwards came along
with its Interpretation and it did not
agree with that Of the governor and
council. The conclusions OF the SUI
preme court upon the submitted points
of law, if they were not right, were at
least authoritative and entitled to be re-
spected accordingly in law abiding
community.
But it so happened that when the deci-
sion of the court was reached the
matter had passed out of the control OF
the governor and council, who had al
ready delivered their certificates OF cleo
tion to the requisite number of members
of. the Legislature and these members
assembled and organized and took upon
themselves the functions of the legisla-
tute of Maine in the form prescribed
by its constitution and laws. In this
state and in all the states OF which we
have knowledge, and in the Congress OF
the United States, the representatives
are the Judges Of the qualifications of
their own members II is so even in the
councils Of cities. The court here has
refused to interfere with the decision OF
the councils OF Lancaster in seating its
members, although probably made in dis
regard of the vote Of the people OF the
ward. 1t is the very commonest occur
renee to see representatives turned out OF
Congress and the different state legisla-
lures, who seem to have been elected, but
who belong to the minority party, their
places being taken by men who will help
to swell the majority vote. The adj
vantage to the majority iii allowing
their partisan feeling to control thoir de-
cision in these matters is 80 obvious
that we hardly expect to see a contestant
seated by the voice of his political oppO-
nents. and when it is done, his right
must be very clear and their virtue
exceptionally strong.
OF course it is wrong that the will Of
the people of u district should not be
always respected by the Legislature in
seating its members, but it is wrong
absolutely without remedy under the
law, when it is committed. The courts
are not allowed to interfere with the de-
cision of the representative body. And
SO it happens that we read with surprise
thai the minority of the Maine Legisla-
ture. having set itself up as the state
Legislature, has asked certain questions
of the court concerning the election OF
the members, and that the answer re-
ceived by it is claimed to settle the dis
ruted issues and to bind the regularly
constituted Legislature which las not
asked these questions. This could not
he held in the state or in the
country generally. We do not un-
derstand whether or no the
Maine constitution gives this unusual
control over the Legislature to its courts.
We believe that it does not. 1t is GER
tainly proper for any Legislature to ask
the legal opinion of the court if it desires
it: and when it asks and receives the
opinion it should obey it. But that any
other body of men but those bearing the
certificates of election, and therefore at
least the prima facie right to be seated,
should claim to be the Legislature and
ask the courts 5 opinion of their election,
and expect the regularly constituted
Legislature to accede to the decision. is
most prepos:erously absurd. The Maine
court in granting all opinion thus asked
from it by those not authorized to seek
it has so demeaned itself and so displayed
its partisan bias rs to deprive itself and
its conclusion OF all title to respect.
And the matter of its decision is not
calculated to give it an authority which
the manner of its delivery does not gain
for it, The first question is answered
by the declaration that the governor and
council have no right to summon i per
son to attend and take his seat in the
Senate or House of Representatives who
by the returns before them was not voted
for, or being voted for was defeated, {,
which is the heighth of Stiffness to say.
OF course it is the governors and coun-
ellis duty to summon the duly elected
members, but it is their own interpreta-
tion of the returns that must control
their conclusions; and if they are wrong
they must be corrected in the regular
methods prescribed by the law.