Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-26

49,. a. (3overoor Oasceloo, End eoe N an
=, iii. hodv-vhich have been laid b.
~. the neoule, q ibis State settle that mat
~ heyosd conksversy. The submission o.
~. matter 70 IL court By this hecse ~
- il II inaerese e peace - ~
49,. n sneemgas Of -
~ eues6Seas were drnuD VI A. N
6.Ness - cssU which osre pesat1N
- and ci5sumDeAnces- 1ne :.
torious. and tie, questions were fntenosc W
cover every Phase Of the consrosersy IN. NJ -
eve,y query which could arise IN the n,no :s =.
az sensible man should BE- fully ana iairi!
.....,.s There vas no object for the com
rr;,,.. vho had The matter in charge 70 90
o,h.rvi.e. And xhoevsr reads the tvooPinions
81 The co,rt, in my jsdsnens shonia ve
no doubt shas they cover every 9nesuon c0.-
rr,n;n. the illexslity Of the body Who attempt
81 TO choose . successor TO the late Secte'Ar!
~ Sease. and tie legality Of both branches Oh
-h;ch -..,e members. have heard II said that
-. .v;.s. AiAsr<uce Of oPisiss aoeag sne
r.,rbl;can members of this House upon that
orr.,iop. Imust coafess that l have been
nn.hle "a find anv such difference. and am
.a,is6ed that every good lawyer upon reao'ns
the whole statement and opinions must come
10 the conclusion that they setfie oennneiy
ana anthoritatively the whole matter. II
read those opinions Alright they sestie AL tne
ouestiops Of Law necessary to MAKE US = ie
esl BODY and to authorize US TO do business.
Politicians may dissent. Men "ho are hones'
in their convictions may listen to their wsn-
.. until their wishes control their calmer
;udomen nj. but in my opinion nine out Of ten.
nav ninetv.pine out Of every huntired Of the
| ..pisin people" Of this State, recognize the
f.c, that the opinion Of the court covers the
vhole Question, and settles it SO far ~ the IL
legality Of the other and the legality Of this
bodv are concerned. The opposition papers 90
,eco~nixe il and hence their unmeasured
.huse OF the tribunal which uttered it.
~. SPEAKER, il 10 claimed that this opinion
of the court 10 not Q decision. and therefore
i, not binding. suppose this 10 because the
vord "opinion" 10 used in the constitution.
II il further said that there we're no parties
and no argument A 10 She first OF these
obieetions, il will BE remembered that We
have books Of reports wholly made up of
the opinions of the court. A controversy
arises involving the rights Of person or prop
erty. which is submitted to the court. The
issue may be summed up in few words
but the case involves questions OF
Law applicable to all similar cases. The
cour, comjder the question and write out
their opinioa, By which they settle finally the
Law of the case submitted. Their judgment
NAV be rendered in = single word, Judgment
on verdict, emotion Over-ruled." or like
| phrase. But it is the opinion Of the court
90 far - it 10 called for BY the case that 10
understood to settle definitely and finally all
| questions Of Law arising in that case and
cases Of like impression, and they are consid-
cred and treated - res &disdseata. When
| the came question 10 again presented to the
court upon the same state Of fact, they point
YOU to the opinion already rendered and say
the Law 10 settled. eur opinion has been given
and the matter 10 ut an end unless you can
convince No that il should be overruled, and
that have always found to be = very difhcult
task to accomplish.
Nov in this case, not only has the unani-
nous opinion of the Court been given. but it
has been pronounced BY all the judges in
answer to the requirement Of the
constitution. upon most ''solemn occasion
and upon "most important questions of Law. "
Not only were the parties asking the opinion
but the people Of the whole stste were parties
| to the proceedings in which that opinion was
rendered. The whole court. from the venera-
bic and venerated Chief Justice, to the young
est member upon the bench. must have felt
| the discharge Of this high duty imposed BY the
constitution and performed in the presence
| Of the people Of the whole nation. who for the
past week have turned their troubled and
anxious gaze toward this state, to watch this
ultimate test Of the endurance Of = republi
can form Of government. They have
answered all the questions fully and exhaust
lively, with breadth Of grasp and . depth of
comprehension which discarded mere super
| fetal considerations; they gave such a con-
structien to the constitution Of this state a.
enabled the intention of its founders to be
realized and . representative form Of govern
ment to be continued! in successful operation.
They realized that it was the spirit and not
| the letter. the "heart" and not the bark" of
the constitution which is to govern. They
decided that the will Of the people and the
purposes for which = republican form OF
| government was instituted must prevail over
specious technicalities or fraud resorted to
for private or party purposes, and when that
decision was rendered, it was an authorize
| tive decision Of the whole question.
| The Supreme Court has no right to enact
laws. That belongs to the legislative depart
ment. They have no right to execute them.
| That 10 intrusted to the executive. But they
have . right and it 10 their duty to expound
the laws and the constitution, and when their
opinion IL given II 10 binding upon every good
citison vho % in favor Of Law and order and
good government and opposed to snarchy.
The court httingly say in relation to the opin-
ion given at the request of Governor Garcelon.
| ''Various questions involving the true con-
strsction Of the Constitution and statutes re-
| latine thereto arose, and the Governor by
virtue Of his constitutional prerogative called
upon the court for its opinion upon the cues.
tioas propounded. BY the provisions Of the
constitution the court was reQuiredto expound
and construe the provisions of the constitu-
tion and statutes involved. It"gave full an
swers to thoss questionse The opinion of the
court vas thus obtained il one Of the modes
provided IN the constitution foran autbo ritative
determination Of important que.tions of law.
The Law tins deternised 10 the conclusive
guide Of the Governor and Council in the per
formance Of their ministerial duties. Anv
action on their part in determining the vote
~ it appears by the returns in violation of the
| provisions Of the eeastisution and lac nus
declared n . usurpation Of authority and
must be held void"
| This language 10 plain and conclusive. and
ought to be satisfactory. especially TO those
Who have lcadiy pro<eseed n be governed by
Law, and Who are sticklers for obevius The
constitution. The court understood il. proy-
ince, and discharged the solemn and impor-
tant duty resting upon then, in this most serious
juncture Of Affairs. pe, haps the most serious
OF any since the formation Of the State. With
dignity. courage and clearness. II il said
| that IL il 4 nnrffnau decisiou Wau