The Portland daily press., 1880-01-06


two weeks Judge Libbey stated to the Governor
in the presence of members of the Council
that returns signed by less than majority
of the board of aldermen could not be count
ed, and if the law of 1877 was unconstitutional
the return could not be counted Judge Lib
hey denies this emphatically.
Gen. Chamberlain was summoned to con-
suit with the Governor in regard to the ne
cessity of employing military force on We'd
nesday 1t was decided that no such force was
needed, but that the police would be sufficient
to preserve order. Admission to the State
House on Wednesday will be by tickets, issued
to certified members, contestants, State Off
GERS, heads of departments, reporters, &C.
Various Opinions.
A large number of the Democrats, when
questioned, assert that they have not read the
opinion of the court, and refuse to give their
opinion Of the result on the incoming Legis-
lature One from Aroostook says the thing
looks to him decidedly wrong in many of its
aspects, and his votes in the House will indi-
cate that. William M. Rust of Belfast, a
prominent Greenbacker, says that the decision
of the court settles the case. There can be no
successful opposition to that. The Democrats
have generally the opinion that the decision of
the court is partisan one, and they de-
nounce it. Judge Rice has stated in CONVEX
sation that the opinion is good law, but what
effect it would have at the organization he
could not say.
Among the prominent men here may be
mentioned Governor elect Davis, Col. Atwell.
of Orono, Hon. Charles Buffum, Wildes P
Walker, Edwin Noyes of Waterville, General
George L. Beal, Hon. Hannibal Ham1in, Hon.
Eugene Hale, Hon. S. D. Lindsey, Hon. W.
p. Frye.
About one half of the members have reached
here. 1t is confidently asserted by the Repub
licans that they will have possession of both
branches of the Legislature by Thursday night
STAND FIRM
Is the Advice of the California Republic
cans.
SAN Francisco, Jan, 5.-The Republican
Senatorial caucus today resolved to send dis
patch to Senator Blaine and ex-senator Nor
rll of Maine, congratulating them on the de-
csion of the Supreme Court and adiuring
them to stand firm and maintain their rights.
DEMOCRATIC OPINION.
Views of Leading Democratic Organ.
New York, Jan. 5.-The World, speaking
of the decision of the Maine Supreme Court,
says:
The opinions expressed by the Maine SUI
preme Court Judges, in reply to the twelve
inquiries addressed to them, in spite of the OPP
position of Cipher alley and his Greenback
councillors by Gov. Garcelon, sustain at every
point, as our readers cannot but see, the adj
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 be fairly inferred from The
questions submitted by Governor Garcelon to
the Court that upon a careful examination OF
his course he satisfied himself that his Green
back councillors and his Cipher alley advisers
had led him into a false position. Governor
Garcelon, it must be remembered, was not
educated as lawyer, but as 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 a piece with Greenback contentious
everywhere. Where they were not tainted
by the methods of sharpers they were OF 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 a momentary triumph over its OPP
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 a constitutional Democrat, to
decline to share any berth at all with them,
wide or narrow.
Advice of the Boston Post.
BOSTON, Jan. 5.-The Post tomorrow will
@fttPP7taia thai following editorial the situa-
The Maine judges having rendered their
opinions on questions submitted to them the
public eye now more than ever is directed to
the focal point The legal status now ap-
pears to be this: The G overnor and Council
have passed upon the returns and by their
action certain persons hold certificates of cleo
ton ana certain ClUl6S are temporarily oX-
cluded from representation at the organiza-
ton in contravention of the laws and constitu-
ton as interpreted by the judges of the
Supreme Court. AS heretofore minated the
opinions of the court do not have the legal effect
to override the action of the executive, They
are advisory only. Every man to whom a
summons was issued by the Governor has the
legal right to take his seat and holdit until
ousted by legislative authority or until it is
vacated by deeth or resignation. The lover
l. Ir1{xr nrl&<~ I'll
and more than that. He was not undr the
slightest obligation to consult the judges and
in a legal point of view he was as independent
of them as they of him, but in pursuance of
the wish of large numbers of all parties he lid
seek the highest judicial opinion which in
general is averse to that of the Governor and
Council and in some particulars, we MY add,
to the highest legal authority in Maine and
elsewhere 1t now remains for the men hold
ing certificates of election adversely Affected
by the judicial opinions to determine for
themselves how they will act. Legalythey
can 90 on with their associates and orgalize a
legislature and government il the Ordinary
course of procedure and await the act O the
legislature on all contested seats. The Remb-
llcans would doubtless do so under reversed
circumstances. They are not apt to yield legal
advantages either small or great.
Their course has been exaspcrating in
the extreme. The tone of their journals
is still irritating and reprehensibe
But on all other matters the people will
have abundant opportunity to pass Hereafter
and to mete out equal and exact justice to all
concerned. In the present condition ottliings
we think it will be impolitic for men holding
only prima facie titles to retain them asainst
opponents who were in fact elected, an0that
there should be graceful yielding to the pop
ular will supported by the opinion Of the
judges. Such a course would give every nan
his rights, would vindicate Gov. Garcelon IN
the eyes of candid people, exhibit proper re
fO the iudiciarV suitable sarU In
the popular will and present an example Of
magnanimity before the country which
would elicit applause at home and abroad.
His is, we are aware, delicate ground to read
ana their friends. But ali must take ogni-
zance of the fact that the great mass othe
citizens do not and will not look at this on
troversy from technical and legal stad-