Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-01-13
Senate

GEO. e. GoODALE,
g. W. McALLIsTER,
GEO. A. EMERY, House.
W. ID. DIcKEY,
JAS. G. HARDING.
JoHS WHITE,
JOHN J. LISscOrr,
Isaac N. PARKER,
J. c. MARBLE.
Mr.. MoRrLAsD submitted a minority report
and moved that it be adopted in place of the
majority report.
MINORITY REPORT.
The minority Of the joint select committee
on gubernatorial votes have attended TO their
duty and ask leave TO make the following re-
port, TO wit:
That the whole number of votes returned
as cast for Governor at the election held on
the 18th dav of September, A. ID. 1850, was
li7.802 Harris NJ. Paisted had 1915 3:
Daniel F. Davis had 1854; Joshua Nye had
800: VIM. p. Joy had 1924; Harrison NJ.
Plaisted had 81, and there were So scattering
votes. a
And, whereas, the constitution of Maine.
Art. 3 Sec. 3, in force the day of said
election provided that a majority of all the
votes returned should be necessary to consti-
tutc an election of governor bv the people.
And it appearing TO your committee that no
person had received majority of all the votes
returned as east at said election, we cannot
concur in the conclusion arrived at by the
majority of the committee.
And whereas the constitution, Art. :. Sec.
3. provides that the Supreme Judicial Court
NAV b.. required bv the Governor. Council.
Senate or House of Representatives to give
their opinion upon important questions of law
and upon solemn occasions. we believe it TO
be the duty of the Senate or House. or either.
TO require of the court to give their opinion
as to whether or not the constitutional amend
ment providing for the amendment of Art ),
Sec. 3 ..by striking out the word ma jority
wherever il occurs therein and inserting in
the place thereof tho word plurality applied
to the election held on the said 18th day of
September. Respectfully submitted,
(Signed( ID. n. MoRTLAND.
NJ n. MCKUsICK.
EPHRAIM FLINT.
Mr.. MoRrLAND said:
Mr.. President and Senators: ! have no
doubt that the question are about to con-
slider has been sufficiently examined by every
Senator present. and each one has made up
his mind how to vote. There is no doubt
but that the majority report will be accepted
vet deem it my duty to speak upon this
question. and ask the Indulgence of the SEN
ators that NAV give nv reasons for moving
the adoption of the minority report. We are
here not to discharge the duty of any political
party, but as representatives of the people to
perform most important duty. The ma
jority report declares thata certain individual
by receiving plurality of the votes
last September was elected by the peo-
pie The minority report does not differ
as to the number of votes cast. nor the per-
sons named. The only difference is. whether
we. as Senators, shall assume the response
nility of declaring some one Governor This
is not in the power of the Senate. We are
here simply in a ministerial capacity. Let
me read from the Constitution. Art. ), Sec g.
.'And the Secretary of State for the time be-
ing, shall etc. shall lay the list before the
Senate and Legislature" etc and in ease of
a choice by a majority of all the votes re-
turned, they 'shall declare and publish the
same" ''Declsre WHAT" Simply the result?
(Read the remainder of the Sec.) Now
contend. on the 18th of September the Consti-
tuition was as l have read it. That was
the law to govern us at tina: time
and in that election it required a majority
to elect the governor unless the constitution
was amended The question is, did the
amendment submitted TO the people by the
Legislature of last wear change the consttu-
ton so that plurality elected on that dly and
not a majority? | contend that majority
was then necessary. The constitution deter
mines how it shall be amended in art 10. sec.
.. and it can be amended in no other way.
Is then the constitution amended so that il
reads plurality where it read majority?
The minority of this committee deem this an
important question. and ask YOU no matter
what party YOU belong to. that tile highest
tribunal in the State. the Supreme
Court of Maine. settle it, 1t will not
he. I.,t,o
ators TO go beyond the bounds of the Con-
stitution. which under our oaths we are
bound to support Nay, it would be danger
Gus to do so. And | wish to caution the
Senators never to commit an act so rash and
hasty As the Legislature of last winter. No
tice how this very resolye was rushed
through In the Journal of the Senate
find that on the same day. Jan. %. that this
resolve was referred TO the Judiciary Com
mittee. it was reported TO the Senate and on
the same dav. the rules being suspended.
il was passed to be engrossed in concur
renee. caution you against such
hastv action. Consider this question WE'LL
and if there is a doubt let it be removed by
the Supreme Court.
The press of Maine has seen fit not only to
misrepresent this question to the people, but
has seen fit to instruct US in regard to our
duties. Is it necessary to instruct the Leg
isiatnre on legal questions: Do they fear
that we would violate our oaths, or do they
missrust she Supreme Court. TO whom we 60
when in doubt on legal questions? doub. if
these editors ever examined it. Let me read
the resolve freads.) Now, gentlemen. what
was the amendment proposed? twas this, to
amend BY striking out the word .smajority."
and insert the word plurality in its steal
Some men argue that the whole resolve is q
part Of the constitution. but let me
say It forms no portion of il
The amendment was merely to substitute as
lave said That was what was submitted
to the people. The Constitution cannot be