davidaulloa/AmericanStories huggingface dataset:
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
Choose Ye this Day.

For the first time in the history Of Maine
the opinion of the Supreme Court. called
out at the request of the Governor, has been
disregarded by the Executive. In more
than fifty instances has that opinion been
sought and in no previous instance has it
been defied. To Gov. Garcelon attaches the
shame of departing from the wise practice
of his predecessors, of refusing to accept the
law as set forth by the judicial branch
of the State Government and of attempting
to nullify the will of the people by intrigue,
chicanery and open violation of the consti-
tuition and the statutes. He can no longer
claim that if mistaken in his action he was
honestly mistaken, for he refuses to avail
himself Of the opportunity to correct his
error now that it has been made plain to
him. He is SHINING against light and has made
himself a party to the conspiracy to defeat
the will of the people. No words of con-
demnation can add to his shame or empha-
size the foul wrong he has done to the
State
1t remains to be seen if the House and Sen
ATE aS constituted ny lne IfduuulCnb rolls Ill
the hands of the Clerk and Secretary will
make themselves, too, parties to the conspira
cy. Will they defy the opinion Of the Court, or
will they Immediately on assembling, give
seats to the men who received a majority of
votes at the polls, but from whom certif-
Gates of election have been uniustly and
Illegally withheld? viii the men who have
been unlawfully counted in have the honesty
and manliness to surrender to the men
whom the people elected the seats they
hold by the arbitrary and unlawful act of
the Governor and his Council? Or will
they defy justice and law, recognize the
fraudulent roll, and attempt to organize as
the nghtful Legislature of Maine? There is
but one honest course to take. No man
who has any honesty, OF principle, or patri-
otism can hesitate as to his way. That way
is to seat at once the legally elected Senators
and Representatives who have been Illegally
counted out. Until assured that that will
be done no member Of the Legislature who
holds the freedom of elections and the opin
ion OF the Court i'll respect will take part in
the organization of the Legislature.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
HE MUST SUBMIT.

tPhllauelphla Times, DeIh.l
The decision practically leaves the Cover
nor and Council without single technical
point to stand upon, and they must now inso-
lently defy the highest judicial authority Of
the State, as the Florida returning board did
or undo their work and certify the rightfully
chosen legislators to their seats. The whole
flimsy fabric of Garcelon's bubbles is swept
away from him by the instructions of the court:
The opinion is not ,only sound, constitutional
law but it is plain common sense and Justice,
and everybody will so understand it. The
Judgment of the highest authority of Maine is
thus squarely against Governor Garcelon and
his Council and they must either obey or null
lify the laws. There is no middle ground left,
and no pretext will serve to excuse persistence
in what is palpable public wrong, and now so
iudicially declared Whether the Governor
Shall obey the law or not, it is evident that his
manufactured Fusion majority will not last a
week, if it should hold together long enough
to meet in Legislative halls. Every considera-
ton of both legal right and expediency calls
upon him to surrender in obedience to the
court. 1t must CONS sooner or later, either by
a straight or some crooked way, and the Gov
ernor may as well make the most of necessity
by gracefully submitting.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
VALUABLE LANDMARK.


The opinion of the Supreme Court OF Maine
is piece of work of high order. 1t is not
merely valuable as an answer to the abstract
questions of law presented by the Governor
which seemed to be put for the purpose OF
finding ont what the Governor and Council
could do under the laws to defeat the people
but it is an exposition of the purpose of the
election laws which will stand and be quoted
in the future as the bulwark of the right OF
self-government. 1t shows that the laws were
not made for stumbling block, or for trap,
but to prevent frauds and mistakes in ascer-
tanning and declaring the will of the people. 1t
is a splendid defence of the rights of the peo-
ple-the plain people-and presents striking
contrast to the course of demagogue who ap-
peals to the people as their special champion,
and shows a disposition to cheat them when he
can gain temporary advantage thereby. The
exposition is clear and reasonable, it so effec-
tually shows the harmony between the laws and
the equities in the points covered that we be-
lieve it will not be seriously disputed by any
lawyer, and that it will remain valuable land
mark in the political history of the country.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
Go Slow.

From all the great newspapers in the coun-
try, the organs Of public opinion, Democrat
ic, Independent, Republican, come emphatic
approval of the justice and wisdom of the
decision of the Supreme Court, and warning
to the fusionists in this State that they cal-
not afford to defy that decision and put
themselves in antagonism to the highest judi
cial tribunal in Maine. On these points there
can be but one opinion among honest and
candid men Of all parties. Those who defy
the Court and refuse to be guided in their
action by the construction it has given to the
laws will be held by the whole country as
guilty Of lawless and unpatriotic conduct,
and enemies of the public peace and welfare.
It is generally recognized that the question
is not party question; but a question Of
the freedom of elections, of the supremacy
of law, Of the very existence of representa-
tive government.
In the opinion Of the Court, which, at
least outside of this State, commands so
general acquiescence, respect and approval,
it is stated that the legal quorum of the
House of Representatives is 5G. eff less
than 76 members are present, then no busi-
ness can be done, except to adjourn or COM
pei the attendance of absent members. !"
That is the law as laid down by the Supreme
Court of this State. If the fusionists defy
it and attempt to organize the House and
transact business without this quorum they
will mn oco1u in ho oft itrrHa Cf low
breakers and subject themselves not only to
the censure of all patriotic citizens, but to
the punishment meted out 20 those who
violate the law and disturb the public peace.
With them is the responsibility, and for
their acts they will be held strictly to ac-
count by the people whose will they disre-
gard and whose legal tribunals they defy.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

Price $1.50 per Bottle, six for $780,
Sold by all Druggists.
i1rlS
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

lSprlDBHelu htpuUucsll 1hu ]
The opinion of the Supreme Court Of Maine
upon the questions submitted by Gov. Garce-
lon is not mere Republican triumph. 1t is
triumph of that highest common sense which
the law is said to embody, over the teehnicality
which the court so often holds supreme, and
which the people have come to regard the
courts as in bondage to. The court holds in
successive cases that the governor and council
are bound to take the record of the will OF the
people for what it purports to be, not to exam
inc it microscopically and if possible to nullify
it. The opinion draws the distinction very
clearly between the defects that are sufficient
10 inyalidate return and those which ara not
The absence of the town clerks signature, for
instance, is vital defect, since the very at
testation on which the value OF the return de-
pends is lacking. But it is not vital deIect
that the vote of a city is not returned ward by
ward; it is not a vital defect that some votes
are returned for Scattering" when the total
number so returned would not affect the re-
suit; it is not a vital defect that one selectman
de fdcto was in law ineligible to office; it is not
a vital defect that the aldermen signing a re-
turn were q majority of those present and not
majority of the whole board. The law in re-
gard to ballots with distinguishing marks is
very clearly laid down and is Just as appiica-
ble we may add in this State. The ballot
must be accepted or rejected by the officer OF
the poll; if rejected, the voter can procure an
other ballot; if accepted, it must be counted
and does not invalidate the election. The law
as to the genuineness of the attesting sigma
lures is also well defined. The governor and
council are to presume them genuine, uniess
protests accompany the return, in which case
they would be obliged to give notice and hear
evidence. The decision in regard to the ditto
marks is eminently just. The conclusion OF
the decision referring to the necessity OF re-
garding these acts of municipal officers as the
doings of average "plain people" recurs to
principle of law which is too often forgotten.
Mr.. Lincoln's words are not often quoted in
judicial reports, but they seem to fit in here
with fine emphasis. The returns OF the pop,
ular will says the court are mot to be strangled
by idle techn1calities." This language is un-
judicial and injudicious if it be intended to
characterize the course of Gov. Garcelon, but
its application to him will be forgotten ana II
will 90 down through successive decisions as
biting rebuke to technicality in the courts
themselves.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
AN EMBARRASSING POSITION.

IIIHItIOIU OUuId INOP'J
Governor Garcelon must find himself in an
extremely embarrassing position. He dis
graced himself irretrievably when he consented
to be a tool in the hands of unprincipled politi-
cal scalawags who had plotted the infamous
crime of stealing the political control OF
State. Evidently not man of great intellect
or of profound reasoning power, he comforted
his conscience by the plea that he had only
followed the strict letter of the law. He finds
himself now with his whole elaborate defense
of technicalities pronounced by the highest
authority in the State a defense of lies. utterly
worthless and untenable. He will also lind
himself denounced and abused by his fellow
conspirators, who were unanimously opposed
to having any questions submitted to the Su-
preme Court. The only honorable course for
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
THE ROOT OF THE CONTROVERSY.


The opinions expressed by the Maine Su-
preme Court Judges, in reply to the twelve
inquiries addressed to them, in spite of the op-
position of Cipher alley and his Greenback
councillors, by Gov. Garcelon, sustain at every
point, as our readers cannot but see, the ad-
vice given at the outset of this business to the
Democracy of Maine by The World. If there
be one shade of difference between the views
of the Judges and those of The World as to
any aspect of the case it is only in respect to
the relation which the law of 1877 bears to the
constitution of Maine; and in respect to that
we are inclined to think that the reasoning Of
the Judges is sound aud in the interest OF fair
elections. Upon all the other points discussed
Governor Garcelon never should have been in
doubt, and it may DO fairly inferred from The
questions submitted by Governor Garcelon to
the Court that upon careful examination OF
his course he satisfied himself that his Green
back councillots and his Cipher alley advisers
had led him into false position. Governor
Garcelon it must be remembered, was not
educated as a lawyer, but ASA physician, and
it was natural that on points of law he should
have deferred to lawyers who enjoyed his po-
litical confidence, until the uproar excited by
his course compelled him to investigate the
matter for himself and apply to it his own
honest Judgment. When he did this the re-
suit was the inquiries which he addressed to
the Judges inquiries which, as The World has
already said, went directly TO the roots OF tho
controversy
The decisions or rulings of Governor Garce-
Ions Council on the disputed points or to
speak more exactly, on the points which were
put in dispute by the Council, were more
Sharp than sensible or honest, but in this they
were of q piece with Greenback contentious
everywhere. Where they were not tainted
by the methods of sharpers they were of a sort
to appeal to that essentially stupid PARTISAN
ship which counts everything in politics to be
right which enables one party or one faction
to secure momentary triumph over its op-
ponent. 1t is to be hoped that Gov. Garcelon
may hereafter give his Greenback allies "a
wide BERTH 1t will be still better for him, ii
he means to be constitutional Democrat, to
decline to share any berth at all with them,
wide or narrow.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
What the Republican Papers Say.
A NOBLE OPINION.
1Roston Advertiser Rep, I


The Supreme court of Maine has not left
shred of the veil behind which the Governor
and his supporters thought to hide themselves.
By a unanimous vote it has decided every point
submitted to it by the adroit Democratic law
yers, against the conspirators, and in favor OF
those whom the people elected to the Legisla-
ture 1t is impossible to praise too highly the
terse, clear and emphatic language in which
the whole fabric of "idle technicalities' and Of
''carping and captious criticism" is overturned
and swept away. The opinion of the court is
like a fresh copy of the charter of our liberties,
and its clear, ringing sentences will be remem-
bered as proverbs. 1t lifts the whole contro-
versy into an atmosphere where principles con-
troll, and where the miserable pettifoggmg de-
vices of political tricksters have no weight. 1t
deserves to be and will be quoted hereafter
whenever designing men seek to defeat the
will of the people. Tie principles laid down
are such as will recommend themselves to
every fair-minded man, and the summary at
the end is a severe and overwhelming condem-
nation of the tricks by which it has been sought
to reverse the popular verdict.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

TODAY we add to the Black List the
names of Caleb A. Chaplin and William B.
Skillin, receivers of stolen goods and hold-
ers of commissions as County officers to
which they are entitled neither i'll law nor
equity. Mr.. Chaplin appears anxioui to
figure again in the Law Reports of Mine,
and Mr.. Skillia is ambitious of the dianc-
ton the pillory confers. We cannot FROM
Use them an Immortality of infamy; butthey
have earned lifetime of dishonor and
shame
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
MORE THAN PARTIZAN IMPORTANCE.

IDtIIUIU DoII1
The temptation for the Democracy to rejoice
in such turning of the tables upon the Re-
publicans as this Maine episode has been, is
ndoubtedly very great. But there is a prin-
ciple at stake which is of far higher import
ance than any partisan success or any discom-
future of partisan opponents. Ii popular
government is to be maintained, all schemes to
thwart the popular will must be sternly
discouraged and denounced; and the Democ-
racy which has always been the champion OF
popular government, should be the foremost
in discouraging and denouncing such schemes.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

Dr. E. B. Alcott, surgeon general OF Wis
consin, and member of the board OF mana
gers of the National Soldiers Home, died OF
pneumonia at Milwaukee Monday night. aged
rs years.
Herr Wagner, the composer, reported dam
gerously ILL., has left Bayreuth for Naples to
spend the remainder of the winter.
The miners Of the st. Clair district, ILL.,; yes
terday resolved that an increase of wages was
essential, and . convention is to held at East
st. Louis to take final action.
Annie Bauer burned in the Turner Hall, N.
Y, fire, died yesterday ~
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
LEGISLATURE MUST OBEY THE COURT.
washington Post, Dem)

The Governor would not have asked for
advice with purpose to reject it. Whether
it will be competent for the Governor and
Council to resume their canvass and count in
under the changed rules persons who were
counted out under the line OF decisions which
guided their original action, we are not advls-
ed Their power may have been exhausted,
but if such is the case, public opinion will de-
mand that the Legislature shall perform the
work of revision, and make the composition OF
each House conform to the requirements OF the
principles or theories enunciated by the judges
at Bangor on Saturday. The Democratic party
will not defy or violate the law. When fresh
rulings demand change of acts in order to har'
monte Democratic policy with the law the
change will be made.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

BOSTON Herald: When an able nol-par-
tisan Supreme Court of State deliters
unanimous judgment with the sweeping en-
phasis characterizing that just given ly the
judges of Maine, it is plainly to be inc rred
that the indignation of the disfrarchised
voters of that State was not without the
largest provocation.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

Mr.. MOSES HARRIMAN of Kennebunk-
port has chosen the good part with Messrs.
Sproul, Snow, and Voter. The course
he has taken is the only course an
honest man can consent to pursue.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
WRONG MUST BE REBUKED.

The danger of permitting this great wrong
in Maine to go unrebuked is one that threatens
every state in the Union, as it is tantamount to
giving into the hands of minority, who may
hold the reins of government at any time, the
power to perpetuate their own rule by count
ing out the majority, and thus refusing to
recognize, register and obey the will of the
people.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
What the Independent Papers Say.
COLLAPSED CONSPIRACY.
IN. Y. Herald Indl

We need not proceed further in special COM
ment on the points decided by the Supreme
Judicial Court. 1t suffices to say that the
whole ground on which the Governor and
Council stood is cut from under them. The
constitution of Maine is so construed as to
make it consistent with justice, common sense
and the right of the electors to have their votes
counted and their intentions respected We
suppose the conspiracy TO steal the Legislature
will collapse under the weight of this opinion,
and that means will be found to put the Re-
publican party in possession of what they really
won in the election.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

EVEN the New York Express hopes the
Maine Legislature "wil act with such per-
feet impartiality that there will be no just
cause of complaint in any quarter" All
we ask of the Legislature is compliance with
the will of the people as expressed at the
r,cllc
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

We do not read anonymous letters and communi-
cations The name and address of the writer are IN
all cases indispensable, not necessarily for puDhca
ton but as guaranty of good faith.
We cannot undertake to return or preserve COM
mulncatlons tnat are not used.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
THEi PRESS.
WEDNESDAY MORNING, JANUARY z

EVERY regular attach6 of the PRESS Is 1urlisheo
with a Card certificate signed by Stanley T. Pullen,
Editor All railway, steamboat and note mahaseis ;
will confer favor upon us by demanding cfedentials
of every person claiming to represent our lourii''
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

THE conduct of Mr.. Moulton in declining
to qualify is in marked and agreeable con-
trast to the course pursued by Messrs. Chap
lin and Skillin.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

''TIcKErs, gentlemen" is to be the de-
mand of the commander of Garcelon's body
guard as the representatives of the people go
up the State House steps this morning
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

THE Springvale Reporter sports Garcelon
and Weaver as its Presidential ticket. What
has Weaver done? He never attempted to
steal State, did he?
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

THE restoration of the Republican ma
iority in both houses of the Maine Iegisla-
ture would be, the Springfield Republican
thinks, vindcation of popular rights and
of Justice
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

PILLsBURY now insists that 56 make a
quorum. Why not drop the six and call
it five? There would be just as much show
of legality about it,
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

IN the opinion of the Boston Herald Gin
fanny of purpose and failure combined will
be a dose bitter enough to avenge DR.. Garce-
Ions patients, living and dead.'
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

THE Chicago Times thinks "Gov Garce-
lon had better back down, and say it was
the cat" 1t was bigger beast than that
Two more portraits hung in the Rogues'
Gallery
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

LET law and order be observed No hon
est citizen will refuse to obey the Supreme
Court of the State.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

THE Norristown Herald says man was
arrested in Philadelphia last week for Gar
celoning a ham.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
THE BLACK LIST.

Here is the list in black letters OF the men
who, by an unhappy accident being in i'm
portant official positions, have deliberately
abused their trust, perverted the laws which
it was their sworn duty to execute justly and
impartially according to their spirit and in
tent, who have sought by wicked trickefy to
thwart the will of the people as expressed a.
the polls and who have not only brought dis
grace upon themselves but have smirched
the fair fame of the State whose officials they
unfortunately are. Their names and places
should be known of all men that they
may receive the just punishment of being
regarded as infamous by all good citizens
and that the rising generation may learn by
their example the folly Of being wicked.
To this list will be hereafter appended the
names of such other men as shall take
offices to which they know they are not
elected, and who become equally guilty by
taking advantage of the vile conduct of
these malefactors
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
PUBLIC OPINION.
The Voice of the People.
EXPRESSIONS FROM PAPERS OF ALL
SHADES OF POLITICAL BELIEF.
What Democratic Papers Say.
New York Sun. Dem. !

New York Sum- Dem]
He the Governor] seems to have lost sight
of the great, supreme purpose of elections, to
wit, a government by the people,. Any course
whatever which thwarts the will of the ma
jority defeats that purpose. Government can.
not be carried on upon the narrow rules suited
only to a huckster's trade. No party can
afford to obtain or to hold power by the perpe-
tration of a wrong. The decision of the Su-
preme Court of Maine will impress the whole
country as sound in law and eminently Just.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07
Wanted.

GtANVASSERS for the easiest selling books offered
~ to agents. Also few men to train and locate
agents, heauy commissions Apply at once to G. A.
PAGE LAG Exchange St. Portland Me. Call be-
tween 10 and IL a. m and and p. m. dc6tf
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-07

APPENDIX.

CUMBERLAND REGISTER OF PROBATE.
CALGE A. CEEAPLEN... -. Harrison
CUMBERLAND COUNTY COMMISSIONER.
yyELLEA3s L.. sEaKEAHN .......... Gray