The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1881-01-24
Providence Journai.l
Governor PlaiSted.

Governor Plaisted, of Maine, will not be
cited in the future at New England dinners in
the West as an illustration Of the beauty of
universal suffrage, and the advantage of a
New England education Ills inaugural ad-
dress is to be read as exemplifying the limta-
tions of the free school system and the posi-
bilities of political Mysteries Without going
into full discussion of the tone, temper and
style OF this address, it is pertinent as main
timing decent regard for contemporary his
toryto note some of the views which Govern
or of a New England State deliberately pre-
sents as wise and just in this year of grace,
1881. Governor Plaisted arraigns that provis-
ion of tao Constitution of Maine which en-
powered the legislature, or the Governor and
Council, to ask of the Supreme Court Of the
State construction of a given statute. This
he deems to be dangerous to the liberties of
the people, or at any rate as destroying the
balance of power as between the several
branches of the government, the legislative,
executive and judiciary. As opinions, the
construction of the Court is he says, worth
less; if binding, they are fatal to the indepen-
dence of the legislature or the executive
Herein it would seem that Gov. Plaisted had
mistaken the whole intent and influence of
the constitutional provision. 1t is one which
is embodied substantially in our own, doubt
less in many other State constitutions. What
is its purpose, and now far does it go? There
arose in Maine, last year a very serious cues
tion as to the construction of the election laws;
just as easily there might be one as to the right
and duty of State Treasurer to pay out mon
ey upon certain order issued under the form
of law The presumption always is, that the
question is one no. only of public interest but
which may rightfully come before the court in
its ordinary prosecution of its duties. The
whole object is to ascertain what the law is.
Private citizens are not entitled to ask the
courts to express an opinion upon the law,
save upon Case duly made in court. In order
TO the prosecution of public business and to save
litigation, the State is permitted to enquire in
another manner of the Supreme Court what it
would decide We're the matter in hand left to
be tried before it by the individual parties, who
are also the officials of the Commonwealth.
True 1t is that the opinion given is not bind
ing upon the enqulring party, in toe sense OF
precluding such party from acting upon his or
its own responsibility. hut to maintain, as
does Gov. Plaisted, that the Supreme Court in
such cases is Indifferent or wanton in express
ing Its opinion, or that such opinion is OF
no value in expediting public affairs, is equally
childish and untrue Ii the decision OF the
Court is followed, the law is sustained without
more; If is is not followed, the almost
inevitable result is law suit which results in
the sustenance OF the decision after time,
trouble and expense. In either case there is
10 interference with the distribution OF the
lowers of the State, for this power to call upon
aud for the Court to answer is q power given
ana required by the fundamental law itself,
precisely as definite and as limited as any pow
or of the Legislature or the Governor
But Governor PlaiSfe0 f.lptg hifnealf out,,
more unrestraiuedly when he enters upon the
discussion OF monetary principles. He is in
favor of usury law. He would tax govern
ment bonds; these latter, he contends tend to
create "a race Of idlers, msers and towards;
class OF gllded pauperS supported by the labor
Of this country" Who are the bondholders?
In the mann, the men Who have accumulated
their property by hard work and economy, and
women and minors who are the lawful and
equitable owners in part of the funds of banks
and savings institutions. Governor Plaisted
would have the contract under which these
bonds were bought annulled, would have
them taxed, would declare that the faith of
the United States government is a matter of
no consequence, would rob the holders to graft
ify a dishonest spasm of popular ignorance
and communism. That Plaisted can be Gov
ernor Is not so much alarming as it is disgrace
tul. Whatever explanations may be made, it
is warning that even under the enlighten-
ment OF New England there are shs dows
which should abate our pride as we'll as stimu-
late our activities in behalf of u sensible and
creditable political education.