The Portland daily press., 1881-02-08
THE MESSENGER CONTROVERSY.
The Councils Reasons for Rejecting the
Nomination Of Harold M. Plaisted.

1t has been already stated in our Augusta
dispatches that the messenger question was
finally disposed of; but it may be interesting
to know the reasons, which are as follows, and
according to the record
The committee of the whole Council report
ed by Mr.. Robie, their chairman, recommend
ing that all further consideration of the nomi-
nation of Harold NJ. Plaisted, as messenger to
the Governor and Council be indefinitely
postponed, because
1st-The nomination is without the author
ity OF law. Nominations of officers for confir-
nation by tle Council are made by the Cover
nor. by virtue of Art. V, Sec VIII, of the
Constitution of Maine. The "civil office"
contemplated in that section, is one existing
at the time of the nomination, by some pro-
vision OF law. No such office as Messenger to
the Governor and Council is created by any
provision of the Constitution, or by any stat
ute of the State
2d-The employment of some suitable person
to act as Messenger, has been long estab-
llshed custom, growing out of necessity for
such public servant to take charge of the
rooms, introduce visitors, and otherwise ac-
commodate the Executive and the public hav-
ing business at that department. The person
so employed has never taken or subscribed to
the oath or oaths required by all civil officers,
In sec. 80, chap. 2, of the Revised Statutes.
has never given bond, nor has he ever re-
ceived commission or certificate of election
or OF employment. He is responsible only to
the department. that employs him. No one
would think of his being removed by impeacb-
ment, or by address of the Legislature, as is
provided in Art. 9, sec, 5 of the Constitution,
IN relation to all civil officers, in case of mis-
feasance i'll Office He is merely public serv-
ant OF employe, like night watchman and
other subordnates in the State House, whose
pay may be regulated by law as in chapters
425. IA and $50, of t Public Laws of 1879,
or fixed by those who employ him if not so
regulated.
3d-The manner of selecting a Messenger
for the first twenty-five years or more, in this
state, was through committee of the Coun-
Gil, who are instructed by a vote of Council
Ito employ a Messenger to the Council" as he
was then called, and this committee would
hire some man at price agreed upon, to per-
form the duties Of that place and make report
to the Council what they had done; and if
man employed entered upon his duties, then
that ended the matter. About thirty years
ago different mode was adopted and that has
been uniform up to the present year. That
mode was for some member of the Council, as
part OF the organization, at tneir first meet
ing, to offer an order precisely as was done at
this Board, on the 14th inst, for the appoint
ment OF some person, named in the order, to
act as Messenger, and if passed by the Coun-
Gil that concluded the matter, as the accept
ance OF the commuters report did under the
former method. 1t was so done by this Coun-
Gil, with no intentional discourtesy to the Gov
ernor, and the motion being put by the Cover
nor, in the chair, it was passed by the unani-
nous vote of the Council. There is no record
in this department, showing the nomination,
appointment, or suggestion of the person to be
employed, as having originated with the Gov
ernor, but, on the contrary, invariably init-
ated by the Council, and in one of the two
modes stated
EThis nomination, therefore, is new method
inaugurated by the present Governor, without
authority of the Constitution, or any statute of
the State, and in contravention of an usage of
more than half a century Its recognition by
the Council would be the creation of ''civil
office" not now known to the law, and lead to
an extension of the power of appointment by
the Executive, of class of State employees in
the Public departments, who have thus far
been employed by, and only held amenable to
those who needed their service
The committee think it safer to adhere to
the customs which have so long been observed.
than to adopt this new departure as a preced-
ent for the future action of this Department
Report accepted unanimously by yeas nd
nays.