Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-12-02
STATE OF MAINE.

In Council, March 81, 1881.
Inasmuch as the Governor has withheld
his approval of an order this day passed by
the Council. inviting concurrent application
by the Governor and Council, to the Justices
Of the Supreme Judicial Court, for their
opinion upon the question of the power Of the
Governor. without the advice and consent of
the Council, to remove the Hon. J. w.
Spauldng as Reporter of Decisions Of the
Law Court of Maine, and inasmuch as the
Council deem it an important question Of
law, coming within the provisions of Art. w.,
See III, of the Constitution of this State,
whether, by the action of the Governor, a
vacancy exists in said Office, therefore,
Ordered, That this Council most respect
fully ask the opinion of said Justices upon
the question and facts submitted in said order
and that the Secretary of State be directed
to forthwith forward to the Honorable
Chief Justice of said Court, certified copies
Of both orders and the paper thereunto an
nexed.
In Council, March 81, 1881.
Read and passed by the Council.
JOSEPH o. SMITH,
Secretary Of State.
BANGoR, Sept. l, 1881.
To the Honorable The Council of Maine:
In accordance with the provision Of the
constitution imposing upon the Supreme Ju-
dcial Court, the duty of giving its opinion
upon important questions of law and upon
solemn occasions. when required by your
bodx we have the honor to answer as fol-
lows:
From the papers forwarded it appears that
Joseph W. Spaulding was nominated, and
with the advice and consent of Council, ap-
pointed reporter of the decisions of the Su-
nreme Judicial Court, and his commission
sccor,Iiuyly issued on the oath OF April,
1851. in the form adopted on the organiza-
,ion of the Government Of this State, and
followed ever since. reciting therein that he
was so have and hold the same together
with all the powers, privileges and emoiu-
ments thereto of right appertaining unto him.
the said Joseph w. Spaulding. tor the term
of four wears. if he shall so long behave h.nl-
self in said Office. unless sooner remosed ou
,b> ,or,rsoy and Council for the time beng
The original appointment of the reporter.
was for an unlimited term of years. The
language of the commission was subsequently
changed in respec: of time in consequence oil
chan. e57. Of the acts of 1924, BY when the
term of Office was limited to four years. But
in all cases. the reporter held his ONCE suo.
;ect IN be removed by the Governor and
Council for the time being.
Under and BY virtue Of this commission. Mr..
Spaulding being duly qualified. entered upon
the discharge of the duties OF the once 20
~ b;cb he had been appointed. On March 29th'
1851. the Governor by paper signed cy hlGi,
headed Executive Department, to when the
seal of the State was attached. notified Nj
Spaulding that the term Of his once a. re.
narter Of Decisions, which he held durine
the pleasure of the Executive, was terminsteo
and that he was removed from said once
This act. if done sin the Executive part o.
his duty, was without the advice or the con
sent of the Council. :.
The question upon which our opinion Il
r.on;red relates to the power of the Governor
| in the removal of an oflcer nominated snt
commissioned by him with the advice OF tns
Council as in the present case.
The order of the Council requiring tn
on;n;oc Of the Court received neither thu
assent nor the approval Of the Governor
| Rnr that was unnecessary. By the Constitu
ton. Art. 6, s 8, this Court is obliged to g'v'