The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-16
IN. Y. Tribune.l
Leaving it Out"

The Democracy certainly do have hard luck
at what they call in the rural districts ''leav-
ing it out" Whenever they ''leave OUT a
matter in dispute to be settled by arbitration
or submission to judicial tribunal, they are
pretty sure to lose their case. And then they
go round dissatisfied and growing, and saying
they ought never to have left it out at all, but
to have insisted on the good, old-fashioned,
simple plan ''tbat they should take who have
the power, and they should keep who can"
There was the famous case of Tilden against
the people of the United States, in which the
Democracy claimed ON behalf of Tilden that he
ought to be declared elected President because
certain returning boards refused to permit the
conspiracy to suppress the negro vote to be
carried out. The party leaders, thinking they
had an absolutely sure thing with an Electoral
Commission made up of Judges of the Supreme
Court, urged that the questions in dispute be
settled by such reference. They lost their
case and have been grumbling about it ever
since. Mr.. Tilden himself says now that it
never ought to have been left out, and he has
lately gone so far as to assert that he expected
the question to be decided by Democratic
Congress, which would have elected him of
course, and he would then have gone to Wash
ington, taken the oath and been inaugurated.
He thinks it was fatal mistake to leave it to
the Judges of the Supreme Court, who at the
best were doubtful, when they might just as
easily have left it to Congress, where they had
Democratic majority and sure thing. The
old gentleman has suffered great deal first
and last from the decisions of Courts, and has
a natural prejudice against them, but this was
so sore a disappointment that he VOWS he will
never trust again the men who agreed to the
arbitration, and continually calls upon the
American people not to condone fraud.
Governor Garcelon of Maine made the same
mistake. This was case in which Pillsbury
and other choice spirits in the party had con-
cocted as pretty plan for gobbling up State
as ever tickled the fancy of Democratic
statesman. 1t was cut and dried long before
the election. The blanks sent out by the
Democratic State officials for the filling out Of
returns were all prepared with this end in
view, and all the opportunities afforded by
temporary possession of the State offices were
used in furtherance of the scheme. Such con-
fdence was felt in its success, that after the
votes had been counted and the Republicans
the Legislature by handsome majorities, it was
openly declared by some who were in the se-
cret that the result would be reversed when
the returns came to be canvaSsed. In pursu-
ance of the plan they did count out enough
Republicans and count in enough of their own
men to give them control of both branches OF
the Legislature, and as consequence, all the
State officers. They seemed to have sure
thing. But there was such an outburst OF IN
dgnation that Garcelon, the Governor, was
oo,f nall 1ad m demand
ragged citizens that the questions at issue be
submitted to the Supreme Court.
For doing this, even though he had no inten.
tion of making a fair and honest submission OF
the points involved, Pillsbury and the rest de-
nounced him. He did not submit the ques-
tions as requested but, with degree of cum
ming that entities him to first rank among
modern Democratic statesmen, drew up anoth-
er set upon which he fattered himself that the
decisions of the Court would be, or seem to be,
so nearly favorable to the Democratic interpre-
tation of the constitution and the law as to give
the conspirators sort OF Justification Tor their
action. Misplaced confidence again. With
sure thing in his hands he thought to make it
doubly sure by playing another trick on the
Supreme Court and fortifying himself by their
authority. But it was the old story. They
ruled against him on every point. and left the
conspiracy without leg to stand on. The
pirates went on, to be sure, just as though moth
ing had happened, and no submission had been
made, and Garcelon, lapsing into grateful
obscurity on the expiration Of his term, left his
gang in the State House playing at being
Legislature. But with the decision Of the
Court SO squarely opposed to them, the contin-
uance of the game was only question OF time.
With the first opportunity the dcfrauded MEM
bers organized and re-submitted the question
at issue to the courts. Whatever comes OF it,
it is certain that the Garcelon gang will not be
sustained The blunder of "leaving it OUT
has been repeated, and all hands curse Garce-
Ion for it.
One obvious moral from these facts is: Don't
undertake tosteal offices on quibbles and tech
nicalities. But the one most likely to be drawn
by the Democracyis Never leave anything out
to the courts; if you've got it, keep it. The
late Mr.. Tweed, who was after all the complet-
est representative and exponent of his party,
followed the safer way. He sometimes let out
matters to the COURTS but he owned the courts.
He took no risks. The maxim of Democracy
should be that of individuals of the thieving
profession: Beware of courts, judges, and
legal tribunals 1t is great mistake when
a party sets out to steal an office or State to
permit itself to be inveigled into leaving any
thing out to judicial tribunal In the pres
ent state of feeling in the Democratic party we
should not be at all surprised to see bill intro
duced in the present Congress wiping out all
the courts.