Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1880-02-07
THE MAINE DECISIONS.


The Supreme court of Maine having
in three different decisions, unanimous
ly rendered by the full bench, decided
against the Fusionists in their efforts
to steal the Legislature and State gov
eminent, the Democratic and Green
back organs of the country which have
been champiOning the cause of the de-
feated, are now trying to defend them
selves as well as the cOnspiratOrs in
Maine by claiming that the decision is a
partisan one and therefore not entitled
to its full weight. The New York Times
calls attention to the fact that the decis-
ions are cOncurred in by Judge Libby, a
pronounced Democrat, and also by Chief
Justice Appleton, who has been upon the
Supreme bench for twenty-eight years,
and for the last seventeen years Chief
Justice. Judge Appleton was appointed
as Democrat by Democratic governor.
In every decision rendered upon the
question these gentlemen have con-
Cured. Certainly Judge Libby cannot
be accused of partisan bias when his
opinion is against his party friends. If
any one of the judges was capable of Civ
ing an unbiased decision certainly Judge
Appleton was the one, being originally
aDemOcrat, If not In sympathy with
that party to-day. His long service upon
the bench it would be presumed would
have so far removed him from any temp
tation to seek political preferment as to
render him capable of giving decision
upon the merits Of the case and entire
ly free from any partisan bias. Our
Democratic and Greenback friends
should bear these facts in mind and not
allow their partisan feelings to blind
them to the justice of the Republican
claims made in that state and which
have been so unanimously sustained by
the Supreme court Of the State.
In closing their decision. in answer to
the questions prOpOunded by the Fus-
iOnists they say: 1T cannot be that
such a construction must be given to
the Constitution of the State that sub
vert the plain and Obvious intention of
its trainers, or place it in the power Of a
few men to perpetrate their hold upon
the Offices in the gift of the people in de-
fiance of the will of the voters constitu-
tionally expressed and ascertained, be-
cause their own neglect of duty has
made some departure from the directory
provision, and ordinary forms inevitable.
A legally organized Legislature being
now in existence, and exercising its con-
stitutiOnal' functions, it follows that no
convention of members-elect of either
House can exist which can be treated as
nucleus for another organization. Two
Governments claiming to be in existence
as valid and entitled to the obedience of
the people both cannot rightfully exist
at the same time. But one government
can be recognized and Obeyed. The re-
spOnsibilities and solemn duty are i'm
posed upon us to determine which is en-
titled to judicial recognition, we there
fore, after due deliberatiOn and con-
sideratiOn of all the matters involved,
affirm and declare our judgment to be
that the Senate, whose presiding officer
is Joseph A. Locke, and the House of
Representatives., whose presiding officer
is Geo. E. Weeks, constitute the legal
constitutional legislature of the State. -