The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1880-01-23

guishcd Tor u plentlIui lack 81 cohsis-
tency. This opinion nee more teaches
the folly and improperly Of making the
Judiciary political referees. OF referring
questions pertaining solely 10 political
| elections to men on the Bench, rs UNI
pires. II is discovered that their decis-
ions are as partisan as those Of men not
on the Bench. Men on the Bench have
political prcjudiccs as well ~ men of
the Bench, and they are as well aware
as common people how they would be
abused il they decided against their
party. To subject Judges needlcssly to
such political temptation Is hostile to
the public interest. 1t diminishes pub
lie respect for the Judiciary. No more
Just or non-partisan decisions are
reached than by selecting other men as
referees. and, by the same token, the
Bench Is denoralized and degraded.
II Is a vicious custom that should not be
encouraged. For the sake Of the self
respect Of the Judges, and to preserve
the public respect for the Judiciary, the
practice should be abandoned as con-
frary to public policy.
The last half Of the first question pro-
posed by Governor Garcelon was not q
proper one TO ask, and the answer by
the Judges is ever more impcrtinent.
Clearly the Court can not formally pro-
claim what the Legislature ought TO do
in these premises until invited to do SO
by the Legislature. The Constitution
Of Maine permits-docs not command
the Governor and Council and Lcgls-
lature to submit important questions on
solemn occasions to the Supreme Judi
cial Court for opinions; but the Legisla-
ture has submitted no questions to the
Court. As each House Is by the Con-
stitution made the sole Judge Of the
qualifications and elections of its own
members il is highly improper for these
Judges now 10 say that ''if II appears
TO the House Of Representatives that
there was an election Of Representa-
tivcs in fact. they should admit them to
their seats, though no return thereof Uas
made 10 The Secretary Of State"
In the answer to the second question
the Court Law down the elastic princi-
ple that :. much OF the Constitutions a.
requirement is directory merely" The
fundamental law Of the State, that Is.
|. is not mandatory when to obey 1t
would annoy the Republican party.
The Constitution Of the State is direct
ory merely, say the Judges; while in
: their answer to this same question they
assert the doctrine that a pcrmissirt
statute is mandatory. The Constitu-
} ton commands something to be done,
: and the Governor and Council may dc
: il or not, as they choose. A statute
9 simply permits something 70 DC done
2 and the Governor and Council must dc
' - Il Z. ACKNOWLEDGEMENTS ThaGn orr
= the remarkable principles OF construc
Z ton which the Maine Judges have ap
Q piled to Governor Garcelon's ques
lions. And this Is the answer Z
one OF the most important question:
, proposed to the Court. In the re
!. ply to the second question anothe
Z principle of Maine law is laid down
which we ask our readers To file 70
a few minutes for reference. II is tina
|, the Governor and Council have al
]. thority to 20 behind the return
], to aid and correct them. In
Judges say that, "whcn the Constitu
!. tional requirement has not been fully
q or has been effectively, executed ,
= the town officers. it is in aid Of tn
h Constitutional provision to supply tn
! omission or dciicicnc y as nearly and a
correctly rs may be. 1t is competcn
!. for the Governor and Council to allo'
!. an erroneous return, or one that Is II
y formal or defective, 10 be aided an
corrected by an attcstcd copy OF IN
r record In respect Of this point, Coy
ernor Garcclon says that the record
- are exactly like the defective returns
y and therefore corrections are not poss
- BILE under the statute named In
statute permits, simply allows, the co
~ rection 10 be made. II does not con
- mand il; but these Judges say: I'll
\: Governor and Council are bound by u
u statute. 1t is mandatory upon them.
4. And these arc the same Judges vi
have Just declared that the Constit'
:. tional requirements are directory mer
- w And in announcing this doctril
l, they also declare, in the languas
quoted above, that the Governor al
~ Council have the authority to 60 behii
!. the returns. What do these Judges say
~ the answer to the next question? N
Governor asks il a return signed by le
~ than a majority Of Selcctmcn Of a TOW
Z. or Aldermen Of a city is valid. And Y
Judges answer: "When such a rctu
~ Is laid before the Governor and Counc
- then cdnnotk nou, and they hdCe no rig
10 assume. that The return Is not cditd
- They add that a return signed BY L
- than a majority Of the whole numb'
~ ~ etc, {" SO far as the Governor and Cou
~ ~ Gil are concerned is conclusively pl
~ sumcd 10 be valid. They hare no ris
~ 10 40 behind Mc return" The SuprcI
~ Judicial Court Of Maine should ma
lis decisions consistent. They dcci
80 that the Governor and Council have
~ right to go behind a defective Rcput
can return 70 correct IL and make
count, hut have no right to 60 behi