Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-04-28
Bully Yfn,rfbff JOurnal.
Augusta, Friday Morning, April %.
Reiection of BE. Cleaves.


The Executive Council rejected yester-
day. by unanimous vote. the nomina-
ton of Nathan Cleaves of Portland to sue
coed Judge Libbey as Associate Justice Of
the Supreme Judicial Court. If the Gov
ernor and his friends anticipated any
other result than this, as some of their
givings-out in fusion papers intimated.
they have come short Of their expectations
and are plunged into disappointment; but
sober, thinking, fair-minded men Of all
parties, and particularly those members
of the Bar in every county in the State
who petitioned without party distinction
in favor of the re-appointment Of Judge
Libbey, are gratified at the rejection of
the nomination of Mr.. Cleayes, and pro-
foundly thankful to the Executive Council
for their prompt and decided stand in
favor of an Independent Judiciary.
Twice has the Governor attempted to
carry his point and twice has he been
beaten in his assault upon the independ-
encc of the Judges. The principle for
which the Council contends is strong and
important; the Governor only plays the
part of political juggler. The Council
are entrenched behind the constitution and
supported by right and justice; the Gov
ernor uses his constitutional privilege to
put his foot upon the neck of the Judiciary
and destroy the independence and useful
ness Of its members. If our Judges are
only To be permitted to echo the opin-
ions of the Governor who appoints them
they will be worthless. No man who re-
seat upon the Bench upon such
conditions. He would be no better
than slave or dog in such position.
But things are not coming to that dis
graceful pass. The Governor has been
beaten. The Council wear the laurels
of n. glorious victory this time. An
overwhelming public sentiment sustains
them. Democrats who supported the
count-out make no secret of their satisfac-
ton at the rejection of both Putnam and
Cleaves. and say it serves the Governor
right for not nominating some of Garce-
Ions advisers in his attempt to steal the
State. From various causes the Governor
has but slight sympathy from his own
party, while the course Of the Council is
approved unanimously by republicans on
the solid ground of principle. and by
many democrats who favor the APP
pointment of Judge Lbbey because he is
able, honest, learned and straightforward,
and by usage is entitled to be re-nomi-
the elections and the Executive Council
will be most generously and triumphantly
sustained in their position. The people
desire to have an independent Judiciary
and not Judges who are the slaves of the
Governor who dominates them.
But the Argus and other fusion organs
are in dreadful state of mind because |
there will be only seven Judges on the
Bench during the summer if the Council
persist in their course, How awful that !
will be! Let them turn back to the laws
passed by the fusion legislature of 1879
and read the following part of an act
passed at that session:
whenever there shall be a i
vacancy in the Office of Judge of
the supreme judicial court by death,
resignation or otherwise, there shall
accompaniment to fill the same, but
THE NUMBER OF JUDGES OF
SAID COURT SHALL THERE
AFTER BE LIMITED to-
SEVEN"
Let them also glance at their editorials
at the time in favor of reducing the Judges
to seven. as the permanent number of the
Court, and il their editors are not idiots.
or insane, or moon-struck, they will see
at once how foolish it is for them to shed
ink over one vacancy in the Supreme
Court until the votes have been counted
next September and Governor Plais-
ted's retirement announced from the
election returns.
The people of the State of Maine are
noted for good, sound common sense. and
If Governor Plaisted thinks he can pull
the wool over their eyes he will know
better when he hears from the polls next
September. All honor to the Executive
Council for the noble and determined
stand which they have made for an indie
pendent Judiciary.
From the New York Tribune (Wed