Daily Kennebec journal., 1880-01-07
The Opinion of the Court.
rGrom The Now York Tribune.

The decision of the Supreme Court Of
Maine grows in appreciation the more II Is
examined. Though promptly prepared. as
the occasion required, it is a document OF re-
markable vigor. directness, and force OF rea-
soning. Its Influence upon public opinion IN
Maine and elsewhere cannot be measured
Everybody will read it. and il is fortunately
couched IN language which ''the plain peo-
pie" can thoroughly understand. Without
single dissenting voice, the seven Justices
concur in the decision, so that, If there has
been any room for honest doubt as TO the law.
or any real ambiguity in previous decisions OF
the Courts il will be everywhere conceded
that neither doubt nor ambiguity remains.
What the law requires is now fully settled ;
the ONLY question that is left is whether the
law will be Immediately and fully obeyed.
The unanimous decision of the Supreme
Court condemns the Governor and Council,
and sustains the republicans upon every
point. 1t brushes away every pettifogging
trick which had been devised to defeat the
will of the people, and, though in every line
and word strictly judicial and non-partisan
in tone, il breathes throughout spirit Of in
tense Indignation at the attempted perversion
of law and prostitution of official power to
dishonest ends 1t stings like the sentence
of great criminal by justly indignant
Judge If the Court had caused the word
Thief to be branded upon the brow of the
Governor of each member of the Council,
and of every member Of the Legislature who
should take a seat to which he was not elect
ed il could not have fixed upon those indi-
vduals deeper or more lasting di grace. In
the face of such a decision it seems hardly
possible that enough of the fraudulent pre-
tenders to seats will qualify to give the con-
spiracy effect.
From the Boston Traveller.
This opinion. of which the full text will
be found on our first page, grandy rounds off
the demonstrations of popular disapproval
that have continuously poured in upon the
Augusta plotters since their iniquitous pro-
gramme was first announced. Unless Gov
ernor Garcelon and his associates are willing
to enter upon new and yet more fragrant
defiance of decency. and ignore the solemn
utterance of the highest tribunal of the Com
nonw ealth, sought for, too, by themselves,
the will of the people of Maine must now
have its unOpposed way. The con-
spiracy is completely crushed, We do not
believe that the Governor will, as has been
feebly suggested, dare to defy the dictum of
the Supreme Court, delivered to him, with
dramatic fitness, by Justice Libbey. a strong
democrat before his elevation to the bench
Whatever of honor is left to him and his
councillors. in this memorable passage in the
annals Of Maine. can only be saved-saved
too. as by fre-by their immediate and un-
conditional surrender to the will of the peo-
pie, and the fullest performance of their du-
ties as declared by the Judiciary Already
thev are compromised; any further paltering
with popular rights will cost them an tndless
infamy. and place them in the perpetual pill
.ory of history as incsrrigible offenders
against both Liberty and Law.
From the Philadelphia Times (Dem)l
The decision practically leaves the Cover
nor and Council without a single technical
point to stand upon, and they must now inso-
lently defy the highest judicial authority of
the State. as the Florida returning board did.
or undo their work and certify the rightfully
chosen Legislators to their seats. The whole
fiimsy fabric of Garcelon's quibbles is swept
away from him by the instructions of the
court. The opinion is not only sound. con-
stitutional law, but it is plain common sense
and justice. and everybody will so understand
it, The judgment of the highest authority of
Maine is thus squarely against Governor
Garcelon and his Council, and they must
either obey or nullify the laws. There is no
middle ground left. and no pretext will serve
to excuse persistence in what is palpable
public wrong. and now so judicially declared
Whether the Governor shall obey the law or
not. it is evident that his manufactured fusion
majority will not last wesk. if it sbould
hold together long enough to meet in
the Legislative halls. Every consideration of
both legal right and expediency calls
upon him to surrender in obedience to the
court. Ii must come sooner or later
either by straight or some crooked wav
and the Governor may as well make the most
of a necessity.
From the New York Herald, Ind01
We need not proceed further in special
comment on the points decided by the Su-
preme Judicial Court. II sutfices to sais ths,
the whole ground on which the Govern.
or and Council stood is cut from under them.
The constitution Of Maine is so construed as
to make it consistent with justice. common
sense and the right of the electors TO have
their votes counted and their intentions re-
spected- We suppose the conspiracy to steal
the legislature will collapse under the weight
of this opinion. and that means will be found
to put the republican party in possession of
what they really won in the election.
Pew 81 the Ills 81 Life-