Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1880-03-05
Court of Last (Political) Resort.
An Able Review OF the Maine Iniquiiy
by ~ conscientious Republican Jur-

An Able Review Of the Maine Iniquily
by ~ COnscientious Republican Jur.
ist.
Although the contest is over, il
Maine, the principles involved will
continue to be the legitimate sub
ject of discussion until right tri'
umphs. The following opinions ol
Judge Gilbert, of Bath, Me-, seem
so clear and conclusive, that they
must carry conviction to all unprej'
udiced minds. His expression oi
opinion is in response to many in
quiries. He regards it as duty OF
every lawyer, who claims q respect
able standing, to speak freely dur
ing such grave exigencies. He
had no personal or partisan interest.
whatever, but did desire that the
liberties and laws of the state
should be preserved. Politically
Judge Gilbert is Republican.
I look, he said, with adherence
and alarm at the attempted absorp-
ton of the political powers of the
executive and legislative branches,
by the judiciary, as most danger
GUS usurpation.
To speak of the special points in
the last judicial opinion, in the log
ical order, the judges undertake to
declare opinions given in this way
Authoritative" To declare de-
cision authoritative" when the
court giving the opinion has no pow
er of mandate to compel obedience,
is sufficiently ridiculous to stamp the
doctrine as fallacious. And it is
against oil authority and all prac-
tice, and so far as known, all pre-
vious opinions of lawyers and parl'a-
mentarians.
Then, they undertook to deny
the validity of the decisions of the
Governor and council.
There is nothing with which We
are more familiar than the distribu-
ton of powers among the co-ordi.
nate branches of the government, OF
which the executive is one. That
branch is charged with the duty to
examine the returns and issue sum-
monses.
But the court gravely tells US, in
substance, that if this was allowed
they might overcome the voice of
the people by their decisions. And
they tell us in effect, that their de-
cisions. where they do not coincide
with their own opinion, are to be
disregarded as void.
1t is true the executive may err in
the decision of questions arising on
the returns of members of the legis-
lature. So may the court err in the
decision of questions within their jur-
isdiction. But we never heard that
the Governor and council may there
fore overrule the decisions of the
court in cases pending. No more
can the court overrule the decisions
of the executive in matters within its
Jurisdiction; they are two separate
tribunals, each for the decision of
matters within its jurisdiction, and
neither can question or criticise the
adjudic!ions of the other. But the
decision of the Governor and coun-
Gil in these matters is not final.
There are two decisive provisions
in the constitution:
First. Each house shall be the
Judge of the election and qualitica-
ton of its own members"
Second. Each house may deter
mine the rules of its proceedings"
BY the first of these, errors of the
Governor and Council are to be cor
rected by that House, as to whose
members the errors were committed,
and their decision is final, in the
same way that decision of the
court is final in a question Of law in
a case pending there. The House
itself may err. So may the court
err in matters within its jurisdiction.
This results from the fallibility Of
the human mind. And yet those
tribunals are the tribunals appointed
for the final decisions of questions
before them, and all parties must
abide. The court has no power to
override or correct the decision of
the Governor or Council; and no
power to exercise any control over
the Senate or House in its decision
as to the elections OF its own men,
bers.
BY the second provision quoted,
each house determines it's own rules
of proceedings. Until either house
is organized it cannot make formal
rules, and therefore until organized
it determines its rule Of proceeding
only by general acquiescence. But
that is as much a rule as if it had
been formally voted. They may 60
on in that way to the end, if they
| chO0sA. kuf ~ 30 ,oo~o nopyop;opt