Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-12-01

Opinion Of the Justices Of the Su.
Dfeme Court.

Opinion Of the Justices Of the Su.
preme Court.
The opinion of the Justices Of the SUI
prsme Court upon the questions submitted
to them by the Executive Council in
March last, whether the Governor has the
power of removal without the concurrence
of the Council a. claimed by him in the
case of the Reporter of Decisions, was
read yesterday at the meeting OF the
Governor and Council. We shall publish
the document in full in tomorrow morn
ipa's issue. The decision is that the Gov
ernor cannot remove the Reporter without
the concurrence Of the Council.
In this opinion the Justices all agree, but
differ on minor points.
The first part Of the opinion is signed
by Chief Justice Appleton and Justices
Peters and Barrows. They rehearse and
apply the provisions of the Constitution
and the acts Of the legislature
applicable to this case. also show
what has been the action OF
former Governors in similar cases. The
act of 1924 they regard as conclusive.
Referring to this act they say:
The reporter 10 q civil officer appointed and
commissioned by the Governor and Council.
His .stenure Of office is not otherwise provid-
ed for or limited by the constitution" He 10
therefore by the expires terms Of the Statute
to hold for four years, unless reappointed.'
He NAV by the pyortso be removed, by ''the
Governor with the advice Of the Council,
and not otherwise. The statute Is general
and applies to ALL civil officers. The sxcep-
lions from this statute are specially named
1.-THE cases provided for, and limited BY the
constitution, are judges whose tenure was
during good behavior to the age OF seventy
Justices Of the Peace, and Notaries Public
for seven years If they so long behave them
selves we'll The act embraced within its
terms. the office of reporter, who originally
was removable at the pleasure Of the exec
utive." II afirms by necessary and inevita-
BILE implication the correctness Of the con
struction first given to the removability OF
the reporter, for he 10 within the obvious
words Of the act.
They answer the questions propounded
by the Council rs follows:
I. That the reporter does not hold his Of
fce at the will and pleasure Of the Governor
alone, and is not removable by him.
g That he 10 removable only by the Gov
ernor by and with the consent of the Council
The second part of the opinion is signed
by Justices Virgin, Symonds and Dan
forth. and agrees substantially with the
first. They say. of the Governor and
Council, that 1t was never intended that
the former who has only the power to
nominate for appointment, shall be able
alone to create vacancy which he has
not the power to I'LL without the action OF
the latter"
Justices Libbey and Walton close.
They declare and argue their opinion
that the question submitted by the Council
ought not to be answered by the Justices.
but as so many of the Justices are of
different mind they conclude to answer.
and their answer agrees in substance with
the opinion of the other Justices. They
say they "concur in the result of the
opinion of Chief Justice Appleton and JUS
tees Barrows and Peters. but not in all the
propositions and arguments upon which
the result is reached"
The Justices unequvocally and decisive
ly and unanimously sustain the position
which the Council maintained, and leave
Governor Plaisted without shadow of
authority for the attempted removal of
Mr.. Spaulding and others.
Bismarck still declares that his grand
purpose Is the unity of Germany and the
consolidation of the Empire. So far he
has been successful in his plans. and
though he encounters severe opposition it
looks MS though he might overcome present
difficulties and continue to carry his pro-
jects as heretofore. The occasion of his late
declaration was on the motion in the Reich
stag for the incorporation of Hamburg in
the Zollverein.
Governor Neil of Idaho is an uncom-
promising opponent of Mormonism. The
institution is working its way gradually
into the territory and making itself felt not
only in the spread of polygamy but in the
election of delegates to Congress. He
says the Mormons boast that they will
eventually control the whole Pacific slope.
Possibly the United States government
may have something to say upon that
point.
The tariff convention now in New York
promises to be quite interesting. The
reference in Mr.. Blaine's letter to the
roundabout method our minister has to
take to get to Brazil. and at that to be de-
pendent upon British line of steamers
for passage. presents the convention with
an important subject for consideration. at
the very opening of deliberations.
Some greenbaek congressman were
vorv uuv;nue IL, have Mr. I add Nominated