, 1880-01-07
THE STRUGGLE IN MAINE,


Gov. Garceln,l md his associates and back
crs In the A1atne Returning Doarst frauds
wcrc enabled by the opinion Of the Supreme
Court to retire in good order, II not with
credit, from the tllsgraccful position they Ind
assumed. But tho hope Of still achieving II
partisan advantage has caused them to for
felt tllis opportunity, and they seem deter
mined to caru NIL the contempt involved III
their infamy, cyen ttougl they shall ulti-
matcly lose the prtza for which they are con-
tctnlEng. GRrcelon and Ills Council have
maintained all along tint they were netting
under the strict instruction Of the Coustitu
tim md tho laws, md that they have Ind I'M
desire to exceed their powers or ito injustice
to my pile, 1t wns Ostcnsibly In this spirit
that the aetton Of the Returning Dourtl was
submitted 10 tho review Of tho Supreme
Court. t'arcelon hatl all tho advantage Of
submitting Ills case LII Ills own wny, alll I'm
proved It by so framlng Ills questions as to
secure m approval Of tho position ho lad
taken II sncll approval were possible.
11ud the correctness Of Ills position
been affirmed by the Court, ~ho would
l1aye assumed It to be the lligh and
,lntmpeac!lable judicial warrant for carrying
out llis program. But tho authority If
tho Court IL Just MS strong III declaring
Garcclon's actions illegal rs 1t would
have been hal 1t sustained him. Hence, II
ho Ind been really guided by an ambition to
conform strictly to tho Inv, lie would !laye
| revised Ills course 10 rs to conform to the
| Judicial construction OF Ills duty, md would
thus have saved his personal integrity a1nl
| his partisan associations from coiitunely.
II, refusing to do sa l!e has deliberately pro-
clninlcd himself consplrator agsinst tho
Inv, md willing tool IN tho hands Ut party
managers who seek by revolutionary meth
ols to tlefpat the popular will.
Tho uutbbllng Of tho Garce!on faction will
not serve to FREQ them from universal con.
domination. It Is ilile 10 say that tlle Govern
or cannot recall tho certificates ho l,as
frautlulently Issued aud substitute tho cur-
tt'icates which lle ought to have issued. II
Ills actiun Ind beon final aid irrcyocsltly
wtat purpose WIS there for submitting
1t to tho Supreme Court7 II wha'
Ind been dono could not bo To-
gully ,lnione, why Invoke n mcrt
pro fo11na llctun of the Court, which, t
atlyerse, would be tlnpotcnt 7 ThIs incnn
slstent attitude completely ignores tho lcga
maxim that fraud yittatcs NIL contracts nit
all deeds. Ii the action Of the ReturnIn!
board WIN not legal, thon tAers was no actluI
III the eyes Of the law, and 1t was tho duty o
tho Governor to begin dc 1aouo and Ut th,
lleturntng board 10 issuo certificates accord
Ing to law. When Garcelon throws tho RI
sponslbillty upon the Legislature, which Inn
confirm or refuse to co',lsm what ho I'm
t!one, ha is not 80 submissive al l,e woul
haye the country believe. The Lcglslatur
10 which he refers the opIniol Of the Co,,l
: IL tho Legislature Of his own creation, a.l
, lIe counts upon majority holding his eel
+ tlftcates 10 sustain Ills courso for their on
, sakes. Ills not to the Legislature III chose
by the people to which 0arcolon refers II
r opinion of the Court, but to a LegIsl
D turo which, nrgunized under his fraua
: u1ent cersiIfcataB, will have tho sa1r
: selfish aMl partisan reasous for, del.
: lug tho judicial authority which ha,
a controlled Garce'on. Mstsles, even 1t Care
!, lou were right sn declining to recall fraud,
. lent certificates and substitute gentltl
y certificates, that would not excuso a retus
It to lssua certificates to the dozun represent
r tlyes from Portland, Dath. allA the other ii
+ tranchlsea towns. III these cases 10 certl