The Republican journal., 1881-12-08
Maine Matters.

NEWS AND GOSSIP FROM ALL OVER THE STATE.
THE GOVERNOR AND COUNCIL THE OPINION OF
THE JUSTICES OF THE SUPREME CoURI --PLAIs-
TED REFUSES To HEAR IT READ,-rHE COUNCIL
SUSTAINED.
the Governor and Council this afternoon at four
o'clock the opinion of the Justices OF the Supreme
Judicial Court in answer to the questions D}o-
pounded by the Executive Council to the pow
er OF the Governor to remove The Reporter of De
clslons without their concurrence, was presented
and a motion made that it be read The Cover
nor, who was IN the chair, refused to entertain or
put the motion 10 read the document or to hear
it read, and marched ont OF the Council Chamber
The Senior Councillor then quietly and decor0usly
took the char and the opinion was read, unani-
mGusly sustaining the position of the Council
and leaving Gov Plalsted without shadow Of au-
thonty fer his attempted removals. An order was
passed that the answer Of the Court be spread
upon the Council Records and that five hundred
copies be published for TIE use Of the Executive
Department.
The decision in substance is as follows: The
Governor 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 appl
cable to this case, also show what has been the
act OF 1924 they regard as conclusive. Referring
TO this act they say:
The reporter is civil officer appointed and COM
mlssloned by the Governor and Council. His "ten-
ure Of Office IS not Otherwise providedforo limited
by the constitution He Is therefore Y the express
terms of the statute to hold for four years unless
reappointed He may by the pfoliSo be removed,
by 1.-THE Governor with the advice OF the Council
and not otherwise The statute Is general and APP
plies to ALL civil officers. The exceptions from this
statute are specially named "the provided for
"a NitaI
tenure was during good behaNIoE-to the age OF
seventy-Justices Of the Peace and Notaries Pub
lie for seven years they so long behave themselves
Well The act embraced within its terms. the oilre
OF reporter. who originally was ''removahlp At the
pleasure Of the executive" 1t attrms by necessary
and inevitable implication the correctness of the
construction first given to the remoyahility If
the reporter for he is within the Obvious words Of
the act.
They answer the questions propounded by the
Council as follows
l. That the reporter does not holdhi- oflice At the
VIII and pleasure of the Governor alone and ia not
removable by him.
, That he is removable only by the Governor by
and with the consent of the Council
The second part of the opinion is signed by Jus
tees Virgin, Symonds and panforth and agrees
substantially with the first They say. OF the Gov
error aud Council that 1T was never intended
that the former who has My the power TO noni-
nate for appointment, shall be able alone to create
Il vacancy which be has not the power TO Till with
ont the action of the latter
Justices Libby and Walton close They dee are
and argue their opinion that the questions submit
ted by the Council ought not to be answered by
the justices but as many Of the Justices are of
q different mind they conclude 10 answer. and
their answer agrees III substance with the opinion
of the other justices They say they "conCur in the
result of the opinion OF Chief Justice Appleton and
Justices Earrows and Peters, but not in all the
propositions and arguments upon which the result
is reached
The justices unequivocally and decisively and
unanimously sustain the position which the Coun-
Gil maintained, and leave Governor Plaisted with
out shadow of authority tor the attempted re-
moval of MIR. Spauldng and others
THE ANNUAL REPORT OF TIE STATE BANK EX-
AMTNER
The annual report of the State Bank Examiner
now in the hands of the State printer, viii contain
the following data for which are indebted to
F. E. Richards. Esq Bank ExamineT-
Aggregate statement of savings banks, NOV. eth.