The Portland daily press., 1881-01-05

embarrassment and ultimate litigation may
grow out of his administrative acts. We, as
Republicans, in the exuberance of our spirits
over our national success, may speculate as we
please about what would be magnanimous,
what would be popular and best for the party,
and above ALL how we would heap Goals of fire
on the heads of our political enemies and send
leanness into their souls by giving them the de-
sire of their hearts; but appre6end that our
legislators with their official Oaths upon them
can be moved by none of these things. They
must do right "though the heavens fall" And
at the very threshold of their official duties
this question will confront them-"How shall
we give to this State constitutional Cover
nor?" They cannot evade it, They will be
bound by their oaths to answer and to act on
it. But legal and constitutional question
will at once grow out of that, viz, "Did the
plurality amendment to the constitution apply
to the last gubernatorial election?" This ques-
ton they will be bound by the same oaths not
to answer, for the Legislature is not judicial
tribunal and has no judiciary powers. On
counting the votes for Governor the Legisla-
ture will undoubtedly find that neither Of the
several candidates has majority OF the votes
elected under the provisions of the constitution
OF this State as 1t read on the day of election,
as it still reads and as it will continue to read
until the Legislature takes final action on the
plurality amendment, by engrossing it on
parchment and having it embodied in due form
in that instrument. One of the candidates
doubtless had a plurality of votes, but the Leg
lslature cannot declare him elected without
first deciding that the plurality amendment
was applicable to the September election
tutional question the Legislature will
have no right nor power to decide
for itself. The Supreme Court alone can de-
eide it authoritatively and make that decision
OF binding force. But an appeal to that tribu-
nal onght to be avoided if possible. The Re-
publican party had better sacrifice its rights to
Republican Governor under the provisions of
the old constitution, than appeal to the Court,
under existing circumstances.
Judges don't like to be called on to decide
political questions that necessarily have par
ty bearing. They would ever keep as they
ever have kept, the judiciary, not only above
reprOach, but like Caesars wife, above suspi-
cion. Scarcely year since they were COM
PEELED to interpose their judicial authority to
save this people from impending anarchy, and
to defeat the most infamous attempt ever
made by political tricksters to steal State.
For which noble service they received the
blessin ngs of honest men everywhere, and as
usual in such cases. the generous curses of the
criminals whose doom they sealed. Neverthe-
less it is not well to trouble the courts with
political questions until all other peaceable
means have been exhausted. In this case see
but one way to avoid it (there may be others.)
Let the house of Representatives send up to the
Senate the names of Harris M. Plaisted
and Daniel F. Davis, and then let the Senate
elect for Governor whichever of the two shall
have received plurality of the votes cast at
the polls September 18th, and his title to the
chair of State will be established above and
beyond all doubt or controversy, for it will
rest upon the old constitution, and upon the
presumptions of the plurality amendment.
The Senate would not, If it could, and cannot
If it would do otherwise than elect the highest
candidate, without virtually deciding for it.
self alone the whole constitutional question in
issue, and thus throwing the door wide open
for the candidate who had the most votes
to appeal and claim under the plurality amend
ment, and the court would still have to settle
the issue. If Plaisted should be found to
have the most votes and thus be elected under
this compromise arrangement, Governor
Davis alone might feel aggrieved, but even he
would not be likely to complain having him
self approved presumably at. least) the plu-
rality arrangement resolve, with that preco-
cious proviso that it should take effect ON the
September elections. Ell. A. J.