The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-02-12
Judicial Usurpatlon."
Mr.. HALE'S REMARKS THEREON.
A Defense Of the Court and Arraignment
OF Its Villihers.

offered with some remarks the following:
Ordered. That the opinion Of the Supreme
Judicial Court which is published in the 6Sth
Maine. on pages 5S7 and 5SS, be published with
the three recent opinions which have been Or
dered published b. this House:
Mr.. Hale rose in opposition and said
There is no occasion for any gentleman be-
ing sensitive and going back into the Maine
reports to seek to republish what are found in
those volumes in the library of every lawyer
in the State. 1t may be a thing unknown to
the gentleman from Ninot that LAWYERS and
people seeking the law take cognizance of
what is already found in the Maine Reports
1t may not be known to him that the Maine
Reports are record of the law as developed
/. from year to year by the judges of that court,
and that from year to year these reports are
issued and take their places in our libraries,
and influence public sentiment and the laws
And the gentleman cannot prevent and no.
body can prevent or should attempt to prevent
the next volume of the Maine reports being
like other volumes OF the Maine Repois-a
record of the law that has been made by the
judges, the highest court in the State. That
volume will contain enuuciation of law of i'm
portance. upon private rights and upon public
rights; and there viii be nothing in the vol
ume, as there has been nothing in any volume
of the Maine Reports for generation, more
important and far-reaching and widely-em-
bracing in its scope, than the three opinions
Wnlcn tu6 OupTeIu6 SOuTb lldS given upon The
great events occurring in this State. The gen.
tleman from MInot may arise here in his ner-
vousness, aud appear every day whistling loud
to keep his courage up, and ma complaint
and find fault with the opinions of the SUI
preme Court. They are greart matters, sir
that have passed beyond the domain of his
mind or any mind here; and whatever he may
say about tneir not being considered law for
the future no pupy hand can arrest that great
Judgment in its effects. The law is laid down
by the Supreme Court, and nobody here on
this side has been anxious to taunt any man
with it. 1t is only because it is brought before
us now that speak upon it. But tell him,
and tell gentlemen here that nothing can
prevent the denunciation of the great princi-
Piles of law i'll those opinions being considered
as guiding and determining law for generations
to come, not only for this State, but for all 9TH
or States in this great Union. They will be
embodied and placed on record in inetfaceable
lines and words of law that revolves around
the great question of the ballot and the carry
ing out of the will of the people. And if there
is anything that is settled in the State of Maine.
Mr.. Speaker, to-day, settled to the acceptation
of candid men here upon both sides, it is that
these opinions determine the law on this ques-
tion. And it would be, sir, sur upon those
opinions to go back into the Maine Reports
and have nothing to say against any thing that
is there, we take it as law until other law is
made and established from time to tme-but
it would be a slur upon those great opinions if
we go back and hunt up something that in the
mind of the gentleman seems to be contradic-
tory. l, for one, am tired of this every day
nesting of nervous gentlemen who seem to
consider that it is necessary for them to get up
here every day and snarl at the Supreme Court.
We have something else to do. The majority
has fairly started out and has been aided by
candid men upon both sides who have come
in here to do the business of the State and go
home. And no man Of US here has been found
bringing up in any fanciful way, these things;
east of all should they come from this gentle
man. He will have enough to do before this
session ends without meddling himself With
the Justices of the Supreme Court [applause].
We tell him chat he will not display and es-
tablish in this House any reputation for cour-
age superior to ordinary mortals because he
thinks best to arise and whistle every day to
keep his courage up. This House has some-
thing else to do than to'attend to such ma. ters
as these. You cannot introduce an order that
these opinions should be printed, as they Gus
tomarily are i'll such cases, or to go into the
volumes, without somebody getting up and I'm
dertaking TO give stab at the Supreme Court.
Now we believe in that court. The State be-
iieves in it. The country believes in it. 1t has
by its acts, done service to the cause of JUS
ice and humanity and the laws that revolye
around the great questions of the ballot that
will make that Court memorable in all times;
ard the gentleman from Minet had better let
that court alone [laughterl. move that the
order be indefinitely postponed.
Thereupon general debate took place, par
ticipated in by Messrs. Swan, Perry Hussey,
Young Bradstreet, Plaisted and Butler, the
Fusionist members generally condemning the
Court and its opir ions, and talking vaguely of
an appeal from them. The debate was brought
to close by Mr.. Hale, who gave brief re-
view of the circumstances under which the
opinion of the Court was asked, and showed
clearly the lawless and revolutionary designs
of the men who condemn the Court and advo-
cate resistance to its decisions. In the course
of his remarks ne severely criticised the proc
lamation of lawlessness made at the Camden
meeting, and echoed blythe Argus and other
Democratic papers. Mr.. Hale said:
Before this matter passes away want to call
the attention of the House to one thing, and it
is a thing of as much interest to moderate, con-
servative gentlemen of the minority, as to the
majority. 1t is to one development that is be-
ing rapidly made here. Let me recapituate
only very briefly. In the events which oc-
Cured in this State previous to the organiza-
tion of the Legislature, very great public feel
ing was aroused; and it was plain to be seen
that there vas danger more or less imminent.
of conflict that might in the end be disastrous
to the State of Maine. Very grave questions
arose affecting the rights of the people to rep
ture. Now the first invocation of the judg-
ment of the Supreme Court came not from u.s.
but from the then head of the government, the
Governor of the State under his constitutional
authority. He asked the opinion of the JUS
tices of the Supreme Court upon the assump-
ton that a solemn occasion had arisen, such as
the law contemplates. Questions were SUBJ
nitted in due time. Those questions were
answered. The propositions laid down by the
Court in that matter were fundamental. Men
oil ,f 81
Court arrogating to i self powers against the
people. But all the Supreme Court did was
as has been we'll remarked by the gentleman
from Vassalboro, to go down and lay itself
along side with the humblest citizen aud set
up his right to representation by the ballot.
1t was plain enough to be seen when that
opinion came forth, by the prudent, sagacious
men of either party, what would be the end !;
that the Supreme Court was not disposed itself
to go behind technically and shield itself from
giving an opinion; that it didn't propose to
raise up any narrow margin, but to take the
whole OF the questions, fundamentally, of
what the people desired to express at the bal
lot. And the answers to those questions SUBJ
mitted by the Democratic Governor of the
State, laid the foundation for al. that occurred
afterwards But they were not assented to,
for the reason that the violent, irresponsible
element in the party which had submitted the
questions, maintained its control of the organi-
zation, and persisted in defiance of that opin-
ION III organizing, OF attempting 10 organize
Legislature. And speedily upon that, the Re
publicans, relying upon the fundamental law
laid down in the first opinion, met in this hall
and set up a Legislature set it up by no usur-
patton, by no act of violence But as soon as
it had organized it submitted quest hs 20 the
Supreme Court, asking that court to apply the
law it had laid down. In time the answer
came back and the court to its honor neither
shirked nor swerved. Did it usurp. and if so,
what? 1t usurped nothing against the legal
House, for they had invoked It's answer. No
man can be found in the State of Maine
whose rights we're nterfered with. There are
"a men here today, or on the outside waiting
to come in, who were legally elected by the
people, and the court laid no violent hand up
on the rights of any of these gentlemen. Sit
ting as the highest tribunal to elaborate and to
pronounce the law for the citizens of this State
that court came to the rescue of the men who
had been elected and declared that they consti-
tuted the legal legislature. And then the two
hodies recognized By the court proceeded to the
doing of business. But that didn't settle i; ;
and the reason was as before, that the violent,
intiammatory, irresponsible men upon the
other side held the organization by a strong
clutch, with ieir hands at its throat, and over
rode and overawed moderate and patriotic
men, some of whom | see here on the minority
side, and declared it would revolt and disobeS
The mandate OF the COURT and persisted in set
ting up and continuing two other houses. For
time the violent men in the fusion organiza
i