Daily Kennebec journal., 1881-12-09

AUGUSTA, Dee. ,, 1881.
To the Editor of the Wing and Courier:
see that Governor Paisted says he sis
not dismayed" at the recent decision of the
Supreme Court, in the Reporter case, but
proposes to go to law now and sue Mr.. Spaul-
ding ost. Let me see. He tried to get him
out as soon as he. himself, got warm in his
chair. by appointing Major Hastings "a sue
cessor The Council refused to be party to
the proceeding He then nominated his law
partner Mr. Smith. ''in place of j. w.
SpauIding, removed" The Council asked
how and when removed. The Governor an
swered that the nomination of Smith was in
itself removal of Spauding, and that it was
their duty to help him fill the vacancy. They
declined treating that as a removal, without
notice to Spaulding, even if he had the power
Of removal. Tbcreupon on the 10Th day of
March the Governor caused the following
notice to be served on Mr.. Spauldng, viz. I;
STATE OF MAINE.
EXECUTIVE DEPARTMENT
To the Hon. J. W. Spaulding. Richmond, Ne.
You are hereby notified that the tenure of your
Office. as Reporter of Decisions, which you hold
"during the pleasure of the Executive. IL terminal
ed. and you are removed from said office
Witness my hand and the seal of State
~ Augusta. this twenty ninth day of
! March. In the year OF our Lord. one
SEAL thousand eight hundred and eighty.
one, and of the independence of the
United States the one hundred and
6fih
HARRIS NJ PLAIsTED.
BY the Governor:
JoSEru q. SMITH.
Secretary of state
whcreupon Mr. spaulding answered the Governor
rs follows, viz;
OFFICE OF REPORTER or DECISIONS,
RICHMOND. Ne. March 30th, lss1.
Gen. H. NJ. Fiaistcd.
Governor of Maine.
SIR II am this merniDg in receipt of a certificate
dated ycstcrday-sigped by YOU and under the seal
of the State. addressed 10 me, In which you say:
"You hereby notified that the tcRure of vour
office as Reporter of Decisions which ou held dur
ing the pleasure of the executive Is terminated and
you are removed from said office
I was appointed to the office of Reporter of De
csions. April -. lssr by the Governor, "with the
advice and consent of the Council, and the certificate
OF my appointment and warrant OF my authority
signed by the Governor, aud under the seal OF the
State, says: ave, therefore. do hereby authorize
and empower him To fulfil the duties of that office
according to law and TO have and to hold the same.
together with all the powers, privileges aud emou-
ments thereto of right appertaupg to him. the said
Joseph W. Spaulding, for the term Of foHr gcdrs
IL he shall long behave himself well in said office
aniess sooner re1aorcd by the Governor aud Council
for the time being"
Your certificate of yesterday shows only the action
o. the Governor in which he did not appear to have
the advice and consent OF the Council.
From the fact that the first volume Of the reports
prepared by now In press has no vet been issued.
aud that yoN have. therefore, had opportunity to
observe the manner In which I have thus Tar per
formed the duties of the Office as well from the
fact that personal relations have always hitherto
been of kind. pleasant and friendly nature, infer
lha, my attempted removal by you j. solely because
differ poll ically. II YOU were actuated hy any
other well grounded reason efforts in this ,rcc.
tton would be promptly seconded by mime. and the
matter would be placed beyond all question by my
immediate resignation.
Hut II Is, duty seems To require adnercnt course,
aud believing do, that by the Constitution and
Laws of State and the certificate of M appoin,
tst.z
vice of the Council cannot remove me from the office
In question, u Is but manly in me. In my Judgment
TO embrace the earliest opportunity TO Inform YOU
that do not regard your certificate or action in at
tempting TO from the office OF Reporter OF
Decisions Of any force or fleet.
As urccr,iacate was received by me through the
office of Secretary of State. forward this com
municaton TO you through the same channel.
have the honorto be. sc.
Your ohedent servant.
J. W. SFAULDING,
Reporter of Decisions
The Governor and Council were then in
session. This reply Of Mr., Spaldnr was be-
fore the Council. The Governor and Mr..
Spauldng were then at deadlock. The "Su-
preme Executive" sat in his chair and let the
Reporter defy him in that manner. and never
hinted that he wanted 10 90 to law. II was
his duty. as he says. TO see that the laws
are duly executed" and il he now has the
power to put the State into a lawsuit to vim
diCatc his authority ne had IL then. W nv
didn't he? Why let Spaulding act for six
months wthon, interruption by quo rayyaato
or otherwise He now wants decision of the
Court that will be binding. Why didn't il
occur to him then? Instead of that he pressed
his partners nomination upon the Council,
insisting it was their duty TO help him fill the
vacancy he sand he had made. Right there
and then the Council invited concurrent ap-
plication To the Court to settle that question.
He refused He didn't want TO go to Law
then. He wanted nothing from the Court.
lie was Supreme Executive of this State.
and proposed to run It in his own way. The
Council then proposed. BY respectful order.
to ask the Court themselves. whether there
was vacancy to fill. His Supreme Excel
lency claimed the power to prevent that. in
terms saving to the Coucil they had no power
of themselves to get Ia the Court without his
permission, and refused to put the mo-
ton himself. or let ii be put, and in his
Jacksonian manner with stroke of his pom
derous gavcl. undertook to disperse the Coun-
Gil like a mob.
There was a good chance TO go to law.
Why didn't he? The Council thereupon in
stituted the proper proceedings to get a de-
cision of the question and they have 1t in the
unanimous opinion of the eight Justices that
constitute the Supreme Court of Maine, that
his attempted removal of Mr. Spaulding was
an act of mere bald usurpation-nothine
more, nothing less. 1t is we'll understood
sAaa while the Court had the question before