The Portland daily press., 1880-01-31
N. Y. Times.l
The End of a Conspiracy.


The Maine conspiracy has been baffled in all
its parts. The final dictum of the Supreme
Court not only covers the points heretofore
raised by those who have. appealed to it, but it
expressly declares that the body which claimed
to have elected Smith as Governor is not
Legislature, and that the only Legislature in
the State is that of which Joseph A. Locke and
George e. Weeks are the presiding officers. 1t
is to be hoped that those tender-footed Demo-
Gratis, in and out of Maine, who have been so
solicitous that the majesty of the law shall be
upheld at any and every expense will now pos
sess their souls in peace. The highest judicial
tribunal in the State has formally declared
which of two bodies claiming to exercise Leg
islative powers is the rightful Legislature. 1t
should not be forgotten that the expedient Of
submitting the questions involving the legality
of Garcelon's procee dings originated with the
Hon. Lot NJ Morrill,. Undoubtedly, there has
been bad management, politically speaking on
both sides of this long contest; but, so far as
the public knows the credit of suggesting the
solution of the difficulty, which has issued in
triumph for the people, belongs to the eminent
gentleman above named There was every
reason to believe that that respect for judicial
authority which strongly characterizes the
people of New England would not be appealed
to in vain in behalf of the rightful Govern
ment of the State The result has justified
this expectation.
Never was refuge of lies so cleanly swept
away by judicial opinion as this constructed
by the Democratic conspirators, who have
sought to accomplish in Maine the same spe-
cies of crime which they attempted to commit
in Oregon when the nefarious Grover-Cronin
plot was set on foot at the instance of S. j.
Tilden's managers in New York. Garcelon
propounded certain questions to the court,
under date of Jan. 8. The answers to those
questions amply justified the claims of the
members of the Legislature who appeared. on
the face of the returns, to have been elected.
1t was evident that Garcelon had purposely
procrastinated the submission of the quer-
les to the court. The object was to gain
time, and, when the answer came from
the court and brushed away the tissue of false
hood and sophistry with which the plotters had
enveloped their villainy, Garcelon pleaded
that it was impossible for him to recall the
summonses which had been improperly issued,
and to issue other summonses to those who,
according to the opinion OF the court, were en-
titled to them. "It is too late!'' was the ex-
utant cry of the Democrats. They tacitly
and, In many cases openly, admitted the con-
elusive character of the opinions of the court,
but they felt certain that the triumph of their
nefarious schemes was already assured by
Garcelon's refusal to undo what he had done.
These acts Of the Governor and Council are
now declared by the court to have been in
violation of their legal and constitutional obli-
cations and duties"
Furthermore the plea OF the Garcelon gang
that nothing could be done by them to rectify
what wrong had been done by the improper
issuance of summonses is briefly and sharply
disposed of by the court, which says that 1.-The
Governor and Council disregarded the opinion
of this court, given in answer to the Governors
questions; that they omitted to revoke the
summonses illegally issued to men who did not
appear to be elected, or to issue summonses to
men who did appear to be elected" This dis
poses forever of the pretense of the Democrats,
that certificates illegally issued to members OF
the Legislature are beyond recall, even though
their illegality has been established by the
highest judicial authority.
Garcelon and his Council, after having as
sumed the functions of the Legislature In go
ing behind the returns, in order to determine
who appeared to be elected, pretended that,
after all, whatever they had done that was not
strictly equitable could be set right by the Leg
islature, to which all moOted questions OF this
kind were finally referable. To say nothing OF
the mockery of referring to hostile body the
claims of members-elect, it was then shown In
| these columns, and is now affirmed by the
| court that the body constituted by Garcelon
| could not legally settle anything, except that
| it had no lawful existence. There never has
| been a quorum of either House of the so-called
| Smith Legislature present at any time, without
| counting men who could only appear
| there because Garcelon and his Council T.
| sued methods which, in the language OF the
| court, "were unconstitutional, illegal and void.
The principles laid down in the answer OF
| the court to Garcelon's questions underlie this
| whole contest; the voice of the people, consti-
| tutionally expressed and ascertained, cannot
| be stifled because the errors of few executive
| officers have made departures from ordinary
| FORMS This doctrine was enunciated III the
| opinion of the court given in answer to Garce-
| Ions questions. 1t was reiterated when the
| Republican Legislature asked for an opinion
| as to its legal existence and this fundamental
| principle reappears in the latest dictum OF the
| court, in reply to the application OF the So
| called Smith Legislature The Garcelon con-
| spirators not only sought to stitie the voice OF
| the people by assuming function which did
| not belong to them, but, by interposing frivo-
| lous technical objections, to prevent the ac-
| complishment of what the people had declared
| should be done. 1t should never be forgotten
| that the Democrats of Maine deliberately
| sought to defeat the will of the people, con-
| stitutionally expressed and ascertained at the
| ballot-box. History will record that this at
| tempt was persisted in in the face of repeated
| warnings from the highest judicial tribunal in
| the State, and even aftef the specious pretext
| that they were only intent on observing the
| letter of the law had been brushed aside by
| high authority. Looking back now at the dis
| ingenious pleadings of Garcelon, addressed to
| the people of the United States, it seems in
| credible that he his fellow-conspirators
| could have believed that such structure of
| fraud could endure. That it has disappeared
| is another evidence of the strength of gov
ernment of the people by the people.