New-York tribune., 1880-01-01
A NEW QUESTION RAISED.

WHEN DOES GOVERNOR GARCELON's TERM Ex-
FIRE f-sENAToR CARPENTER THINKS lie MUST
vACATE HIS OFFICE To-DAY-THE PRESIDENT
PREPARED FOR ACTION LIZ CALLED ON TO IN
TERFsRE IN THE STATE.
lBr TELEGRAPH TO THE TRIBUSE.i
WASHINGTON, Dec. 3l.-A new aud posi-
bly, vital question Of the Maine contro.
versy is now exciting great interest in Wash
inetop, It Ia this: "When does Governor
Garceloups term Of Office expref" The Gov
ernor is known as q great stickler for the letter
of the Constitution, and 1t is no more than fair
that being SUCH ne should be required to abide by
ali of its provisions. Section OF Article o. Part !,
Of the Constitution of Maine says: The Governor
shall be elected by the qualified electors and shall
hold his Office one year, from the first wednesday
of January In each year." The first Wednesday OF
January, 1870. was also the first day OF January
1t Is asserted, therefore, that Governor Garceon's
term of Office expires tomorrow noon. and that any
exercise bv him Of the functions of Governor after
that hour would be a usurpation OF authority.
A TRIBUNE correspondent to-day called upon Sen
stor Carpenter and asked his opinion of the mean-
ing of the provision of the Maine Constitution
quoted above. After hearing it read. Senator Car
penter said: There eau be nothing palmer than
that under proper construction OF the language OF
&be Constitution. Governor Garcelon cannot exer-
cise any authority whatever as Governor one hour
after the expiration Of year from the 1st of last
January"
BY reausst q esssAss CARPENTER. tho correspond
eut then read the provisions Of the Constitution
lstng to tho manner Of filling vacancy 10 the
ofaee of Governor etc. After deliberate considera
ton Of the several provisions. Senator Carpenter
said: "There 70 no avoiding' the conclusion that
during the next six days Maine will be without
either Q Governor or Legislature. The
Council win be powerless to do anything,
because that body cannot act except in conjunctiN
with the Governor. and there will be n0lnus46h1.
cial. OF course, the trainers Of the Constitution
did not intend that such a~cQnt 9ehcy a. tins
should arise but they did 3eevide against it,
IT 10 vsry strange that theX not. for in case Of
On Invasion or tnsorye the State is left entirely
without any authe oRmpetent to act. cannot
intelligent commudI IU hko Maine"
On being asked hat effect this neglect of the
xraues Of the NAME Constitution will have in the
pressst csse, Senator Carpenter replied smiling {:
"lsm sure q mot tell but 1t seems to mo that
It would bss bod plan for Mr. Blaine. as next
friend, - TAX tho helm during the interregnum
and administS tho Affairs ofstate."
Rspsseeatekive Neal. Of Ohio. on being asked to-
eighs abe : opinion; said
"TAs tsme Court ofOhio has decided smi-
jar Qus1 y In tho case Of our Judges. The
torn 6 tAce. - fixed by the Constitu.
ton. i've years. The term of the
6rst - began on the second Monday
Of Febrd& \. The question was raised by tho At
fofney- y-0e4Deal on writ Of quo warranto. and the
SuIwas Qrt decided that the terms Of the Judges
esyHsA ketly 1ve years. no moro and no less.
4At1kfq bsnof Garoelon must CO."
Asthd Nin b no House Of Representatives IN
41ssno s9sk noon tomorrow until noon next Wed.
pAeday a4d no Senate to bs called together. there
~ - f. CssIsatR says. no way By
|lehieA ~ 0ahsenstoEial e6les ean b hllsd.
- bSsa sasssstsd by tas Fusiouists thst the
& ipts4t q the Constit9tien y t&st tb,ss shall
r ssSss & 1ssssss Is !. = nth ySEssnse Sis mo.
- H1aisSSd III NY b Gus, 81 ~ ~