Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1882-09-05

1
of State be directed to forthwith for
ward to the Honorable Chief Justice o
said Court, certified copies Of both orders
and the papers thereunto annexed.
In COUNCIL, March 81, 1881.
Read and passed by the Council.
JOSEPH o. SMITH,
Secretary Of State.
The governor refusing to even put tht
motion declared the council adjourned,
without vote, the council respectfully
protesting against the adjournment ir
that manner, and he left the chamber
The senior councillor under the rules and
orders Of the Executive department,
requiring that officer to preside in the alb
sence Of the governor, took the chair.
the council passed the order with full
certificate Of all the proceedings. The
court entertained the question, thus ju-
dicially recognizing the right Of the
council, as a constitutional body, TO hold
its own meetings, for the discharge Of its
own duties in the executive department,
and answering the question, in learned
and elaborate opinion, published in the
I'D volume of our Maine Reports, de-
cided against the governors construction
upon the questions at issue.
The latter question being ordinarily,
and practically one Of mere convenience
in the executive department, as the gov
ernor has the right to convene the coun-
Gil in any emergency,is of little moment,
unless pressed in the manner the COVER
nor has seen fit to press it 10 the public
detriment.
At regular session in July. 1881,
upon the governor presentment of a
nomination for action, Councillor Bow
ers made the motion that it lay on the
table for further edvisement until the
next meeting Of the council the govern
or insisted upon his right to immediate
action by the council, refused to put the
motion, or allow it to be put by Pres
ident Councillor Robe, and once more,
without vote, and against the protest Of
councillors that their part of the bust
ness of the session was unfinished, de-
clared the council adjourned without
day, and left the chamber. President
Robe at once took the chair the coun-
Gil on that and the day following COM
pleted its business and adjourned to day
when $50, 900 Of the state debt would
mature and the treasurer would need an
executive warrant to meet it. Meeting
on the day. the council voted the war.
rant for the $50, 900, and one Of $1,000
for the State Reform School, upon appli-
cation of its treasurer. The governor
was not present at that meeting. The
council performed its whole duty, going
as far as it could have gone had the
governor been present, and no further.
Their action in all such matters end in a
report from committee accepted by the
council, and is without effect until ap-
proved by the governor. To avoid any
further collision the council then ad-
journed to the day when the law required
meeting of the governor and council to
count the Congressional vote, subject OF
of course to the undisputed authority Of
the governor to call them together when
ever the public convenience might re-
quire. These two reports were subse-
quently submitted to the governor by the
Secretary of State, in the usual manner.
His signature was only needed to the
warrants to draw the money. He never
signed them. The reports have never
been returned by him as disapproved
either to the council or the Secretary O
State, although called for by him, O.
[ placed on the files of the department
Until so returned no new warrants coult
be voted by the council without authoriz
ing the drawing Of two warrants for tn
same purpose. The pay roll of tn
council for that session has never received
his approval. And so by his refusa
to abide the decision of the court on bot
points $4,000 have lapsed back int
the treasury,the state treasurer is unpro
tected as to the $4,000, whether ad
vanced himself or appropriated withou
executive warrant, to save the credit G
the state, the Reform School deprive
of $1,000 of its appropriation for 1881
Col Spaulding. the court reporter de
: prived of seven quarters Of salary, tn
state prison inspectors stand unpaid &c
all their fifteen months service, warrant
for each and all, as voted by the council
together with the pay roll, lying upon h
table unsigned today. 1t is submitte
that here again the issue of this unnec
essary quarrel is between him and Il
e law, and not with the executive council
In the foregoing statements the counc