The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1881-01-12
lLewiston Journal.l
Shall We Go to the Court?

Undoubtedly the Legislature will be called
on to decide on a proposition to ask the Su-
prone Court whether or not the plurality
amendment applies to the September election
On the face it looks to be q very reasonable
proposition to ask the court to decide a ques-
ton on which there is difference of opinion.
But there are several considerations which
ought to be carefully weighed by the Republi-
can members of the Legislature before they
give their decision,
1. Questions which involve party considera-
tons and prejudices should not be carried to
the court unless it becomes necessary to do so
TO avoid dangerous complications, or unless
1t is done with view of removing a difficulty
which seems to stand in the way of carrying
out the will of the people. After the partisan
preJudices aroused against the court last win
ter by opinions rendered necessary to prevent
anarchy, it is now especially desirable to avoid
going to the court on a question involving the
triumph of one or the other of the parties in a
gubernatorial election, unless there is grave
necessity for it. In the present case there can
be no anarchy and no disputed title if we do
not go to the court. More than that. the vote
OF the people at the polls, precisely according
ing to the court
2. There is no question of the construction
OF the constitution and laws requiring solu-
tlon by the court. The law explicitly says
that the plurality amendment, if adopted,
shall apply to the September election; and the
people approved 1t with that understanding.
The doubt raised applies not to the construc-
tlon, but to the co1aStttutiondLity of the la,g.
But The practice has always been, till Gov
Garcelon and council changed it, for executors
lou and aon ..frr
the laws as it reads, and leave others to raise
the question of its constitutionality Ought not
the legislature, in the discharge of its duties
as the eanvassers of votes, to do the same?
3. We personally, with most of the Republi-
cans in the State, advocated and voted for the
amendment on the ground that it would apply
to the September election. We had no doubt
OF its force before election; it is UNI sonable
for us to raise doubts now. We cannot now
throw any doubts on our own work without
lncurring the charge of inconsistency and
sharp practice. Those who opposed the
amendment and insisted that it would not ap-
ply to the September election, can now prop
erly and consistently favor going to the court
on the question of constitutionality. But the
great body of the Republicans supported the
amendment with the view that it applied to
that election, and thus made it Republican
measure. LII we go to the court with the best
OF motives, we shall not be able to dispel the
idea that our purpose in doing this is to get rid
VI "h oiiiOhuliOhe we lOuHd WOrk
as we expected.
1t is SAID we asked Gov. Garcelon to 90 to
the court to settle disputed point; why not do
the same now? The answer is this: We asked
Gov. Garcelon to go to the court because we
believed he proposed to trample upon laws to
overthrow the vote of the people, and to Sc
cure triumph for his own party If zoe go to
the court, it cannot be for any such purpose.
Therefore we hope that the Legislature will
not go to the court, but will take the law as it
reads and declare the result accordingly. And
this we hope, notwithstanding we are conf
dent the court would say at once the amend
ment does apply to the September election.
But we are also confident that large number
OF people in the State, and the public general
ly outside the State, would regard the applica-
ton TO the court to be ruse on our part to get
rid of the result of the election. If SO,
then the prestige of the party whose most
prominent principle is froe ballot, fair
count and prompt obedience to the will of
the people, would certainly suffer. By prompt
ly and manfully carrying out the vote of the
people as generally understood, we can do SER
vice to the Republican party which will be ev.
erywhere recognized. More than this we can
do much to strengthen reverence for the fun
damental principle of our institutions sov-
ereignty of the ballot-box, and to overthrow
the tendency of parties to resort to technicali-
ties to secure a victory.