Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-12-02

fAAouSe VI itepfSscntaIlSts
The Council have the same right to require
the opinion Of the Court as the Governor or
either of the other designated bodies In
case OF disagreement between the Governor
and his Council, the right to require an opin-
ion is given to each-to one as much as the
other. The assent of the Governor is not
needed to nor can his dissent or veto prevent
the action of the Council
That the question at issue is important and
that this is a solemn occasion, within the con-
stitutional provision, should not be questioned
since 1t involves the constitutional rights and
powers and duties 9th of the Governor and of
the Council.
Whether there is vacancy in the office of
reporter or not is a question of public con-
cern. The action of the Council in the ex-
ercise of their advisory functions is dependent
on the determination of this question When
the inquiry was made the question was
pending. IT there was no vacancy the option
was with the Council to create one or not
as the public interest might require. If there
was vacancy. there was no option. Ii
would be their duty to fill it, when in their
judgment, suitable nomination should have
been made. To know what their action
should be, it is first to be determined, wheth-
er there was a vacancy, without which knowl-
edge they cannot understandingly act.
So. too, if the reporter is not removed, he
is entitled to his salary for his official ser
vices, and that, too, without the delay incl
dent to protracted litigation.
Whether there is a salary due or not is
question depending upon the power of re-
moval existing in the Governor alone.
The opinion of this Court has been re-
quired in some forty instances in relation to
c,m.,ances In No ;n.,anna has ,he oh,;aa
80 30 .ns,.ar haaD o,,os,;oaa 80.
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Iana,,n,an, IN roI.,;o, 80 ,ba Wv ao.n,;n. &c
80" H. 81. NV ~. W
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'.. ., "', VIC ao'.:n u' ;en:.;S,,.'. " sa .a
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=, -
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N"u'' oe'oie -, n"a, -" s"u y. "ai ~ -:
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tne inquiries p,"poseu III pui isuanee' '"e,e-
~ y. ..l, -. -, ~,
''ie co"s''u'io"' We P''oeeu W c'"siue' '"e
questions suou'lueu'
ar.icie ., par. ISL VI 'Ne co"s''".i""' re-
u. ,a'es " Executive Po"e's ""u Ut en"eS anu
ii'r'' .,e 'a,u.' e
DS lne s"P1eme e1et"''e po".. VI
tue "'a'c S"ai' "e s'eu :" ."'
recognizing MN rs the neau Oh 'he Executive
department. bu' ne no' Tue LAecuu,e
department, ne s'iaii GAe care ina. uie
laws De iaith'"i'y eAecu'eu' re may ISSUE
COMMISSIONS sign "ar'an.s, ie'ni' pe"s'1''
eran' repr,eses. po',"u'a,'oH. ;,, anu ,u p 1 80
out ne ooes al, '"'s y. anu ~ 'ne ""'iIe Vi
MS Iounch' ne e,arries ih.o enes, 'ne uones
OF the Executive department. oi .hicn he
'he heau o"' ne uoss .o' .o"''oi II.
IL ne was c,o'neu wiz" '.pren,e Anu .nco 'I,
troiieo EHecu'Ne Pu"e'' "'e '""".', "ouIu
have no dnties. ms pow'.s are o".y wna'
are specMhy snen M" Cy ."s eos'iuuJn n,us"i.'
OF necessary i.ie,' '"o'e ..o" po"e.s ..e"y
gra"'e". W .ese ,"e ~ s.t.I.
Ier,tu' in .ne ."".. au M w.. ,t ',s.;,,,
anu ii'n,'s'o"S 10, n.9 os5.naa
tioh anu the s'a'"'e' e""o'eu l" "eoo' u""''
th1Ie"'t" IL, a., p..;, .h
IL was carry he'" ''ias '"e ieS'ueo' Vi s''1
United states hau u'e power oi iemo."
without the concurrence o' 'he senate
though not 'ha' o' appointment "i'no"' SUI"
concurrence: one, .,. ., ..
me ques',on was ~ ,,os. ,h wa. .",s .a eo" "f
structioh was 'eu ~. Uy '"e o~ss ,o'. y.
the VICE rt,'u' ,ir'a, us &c 49, .h,os,
s,.,o.msn and ;ur;sts
I.5aad IN tho ,rgument advanced for the
,aan,;o,, &c tho cons,i,u,iop by the oreat
s,s,asman whose influence was alike nara
,,omn, in II, foundation and adontion. il i,
aid that ..tbe consent of the body would be
uacassarv 70 d;snl.re AZ well as appoint -
,h,,s hold;r. that the nouer of removal wa,
:.seu.,ns f,,,, Tho, of anro;n,mer,
d.. ,.ho,her his construction was rivht o-
40 arrrna,t can no drawn from tho
"ions I.;nad hG ana ex.rc;.ed bv tbe Pre.-
to i,or, Of ,he Tinted states The constitution
IS ,h;s S,.,. d;tfars .o " idelv from that of the
Tr;,ad states. that the argument from the
exarcise of snch power by the President is
an,;r.Iv ;nsnnlicable The reasons assigned
for The exercise Of that power without Sena-
,or;si concurrence were. first. that there
-, ho or.a, m;sfeasance in a nublic office
and the necessitv of prompt action, which
,n;'rh, no, be had if the Senate va, not in
session. But this does not apply. because
the Council NAV be readily convened at any
time Inv the cali Of the Governor
The second reason was. that as the Senate
;s rho Court for the trial of Impeachment, it
,sonld NO, be an impartial tribunal for the
~ 90 ,ho.e who had heen anpointed through
-. " ;ns,rnmen,al;tx' But the Council of
Maine has nothing to do in the matter of i'm
ne.cbment.
Tb;rdlx. II was argued that as the power
Ih'ru'e. - :.