New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-01-05
THE MAINE DECISION.

The decision of the Supreme Court of Maine
grows in appreciation the more II Is examined.
Though promptly prepared, as the occasion re-
quired, it is document of remarkable
vigor, directness, and force OF reason
ing. Its influence upon public opinion In
Maine and elsewhere cannot be measured.
Everybody will read it, and IL Is for
tunately couched in language which the
"plain people" 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, it 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-partlsan
in tone, il breathes throughout spirit OF in
tense Indignation at the attempted perversion
of law and prostitution of official power to dis
honest ends. 1t stings like the sentence OF a
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 elected,
| it could not have fixed upon those individuals
a deeper or more lasting disgrace. In the
face of such decision, it seems hardly posi-
BILE that enough of the fraudulent pretenders
to seats will qualify to give the conspiracy
| effect.
The spirit of the whole decision is most
| clearly shown in the few general remarks
| with which it closes. 1t says:
This Government rests upon the great constitutional
AXIOM that all power inherent in the people 1t is n
| Government OF the people. by the people, and
for the people -; and IL administered in the spirit
| Of its founders, ait shall not perish from
the earth" Its Constitution formed, TO use the
ant EXPRESSION OF one whose memory h embalmod IN the
| hearts of his countrymen, "by plain people and
" plain people" must administer It, The ballot
| ia the pride as well the protection OF
all: IL is the truest indication OF the popular Will
| The Official returns required from the municipal
officers of several plantations, towns and cities are.
and will be- made by plain people," and made, too, In
|
| ton. They not required to be written with
| the serupuous nicely Of writing master. OF
with the technical accuracy Of plea in
| abatement. Sentences may have been un
| grammatical. the spelling may deyiate from
the recognized standards but returns not 10 be
10 naucht because the penmanship may be poor Ian
| guage ungrammatical. or spelling erroneous. II Is
enough II the returns be understood and II under
stood full should bo given 10 their natural and
obvious meaning They not 10 be strangled by idle
,eehpicaes nor ia their meaning 10 be distorted by
| carping and captious criticism
These words will live long. Hereafter, il
NAV be doubted whether any Court in the
| land will decide question concerning an cleo
ton without having them in mind. Nor can
| any official, whose duty it may be to pass upon
returns OF to declare the results of elections,
| hereafter escape the feeling that IN these
words is laid down the true will of the people,
and the supreme law of the land. 1t is 10 be
| hoped tha> this decision marks the beginning
of great and healthy reaction from the era
of pettifogging technicalities.
| The first answer by the Court declares that
| it is not only competent for the House of
Representatives but is its plain duty, to
admit to seats members who were really
| elected, though no return was made, and the
I Court say: "A representative is not to be
deprived of bis rights because municipal
"ofiicers have neglected their duty" To the
| second question, 4" Is it competent for the
"Goyernor and Council to allow substitution
of other evidence in place of the returns n
! the Court reply: The Constitution does not
"am at deprving the people Of their right of
representation for formal errors. but aims
Eat avoiding such result" After explain
ing the reason OF the act of 1877, which the
Democrats claim is unconstitutional. and