Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-08-28

tion. From that time TO this his quarrel La
been with the Court and not with the Council
He has refused to recognize this decision, an,
has signed no warrants for the salaries o
these officers for fifteen months, although vo
ted quarterly by the Council, and although
these men still continue to discharge th,
duties of their respective offices. The Cour
say they are in Office. The Governor saw
they are not. Which shall yield--he to th,
Court and the law. or the law and the Conrt I,
him That question is not to be answered
by the Executive Council.
FILLING VACANCIES.
In the other field of appointment. that o.
filling vacancies occurring during his term
and of making new appointments, in all III,
various grades OF office in the State. but little
collision has arisen. While by the provis
ions of the constitution the right of nomina
tion is conferred upon the Governor, ii is also
made the solemn duty of the Council to take
part in the appointment of civil officers
Such right of nomination by the Governor
has never been doubted or denied by the
Council In this field the Governor has made
over one thousand nominations, all but five OF
which, calling the second fish commissioner one,
have been promptly confirmed by the Council.
As to the rejection of Mr.. Smith for that
political considerations to affect their action
as the Governor has TO shape his, the Coun-
ell need only to state that they were all in
the Council of ex-Gov. Davis, and helped
hold Mr.. Smith. the appointee of ex-Gov-
ernor Garcelon, in his place during the whole
wear of that administration, until, in Decem-
ber, he was removed by the appoint
ment of Mr.. Stanley in his place.
Almost the entire work of the fishery depart
ment is done east of the Kenn, bee valley, and
principally on the Penobscot and its tributa-
ries. The term of Mr.. Stilwell of Bangor ex-
pired in February, 1881, leaving Mr. STANLEY,
living in the extreme West, sole commits
sioner. Under the rule adopted by the
Council, Mr.. Stanley could not be removed
except upon charges. Yet the Governor
nominated Mr.. Smith to remove him, and
Mr.. Stilwell to his old place, but when the
Council rejected Mr.. Smith he instantly
withdrew the nomination of Mr.. Stiwell.
then presented him again for the removal OF
Mr.. Stanley, against the protest of Mr..
Stilwell. who, in a written communication to
the Council, declined taking the place on
such terms, and has ever since been repeat
ing the nomination of Mr.. Smith for Mr..
Stilwelrs place. 1t is enough to say that by
retaining Mr.. Stanley, the invaluable
would have been public misfortune, have
been secured to the State by arrangement be-
tween him and Mr.. Stanley, he consenting to
serve in a subordinate capacity. The necessi-
ties of this vast enterprise Of restocking the
waters of our State with fish demanded an
eastern man, instesd of two in the extreme
west. and the action of the Council has never
for a moment been affected by any other con-
sideration than the best interests of the State
1t will be remembered there is no vacancy
here, as no office exists by law until created
by the joint act of the Governor and Council
This leaves four. Two are cases of police
Judgeships, where nominations were made and
both rejected for cause. In one case the
outgoing judge, now acting as trial justice,
and in the other by provision of law the
court recorder, are dischargiug all the du-
ties of the respective offices. and the people
suffer no detrimeDt and make no complaint
Out of the ten or eleven hundred nomina-
tions in this field. this leaves but two, that of
Judge Libbey, of the Supreme Bench, and
Mr.. Little of the Reform School. Their
places are vacant.
Public discussion has so fully invited atten-
tion to these two cases, and to the principles
underlying them, that of protecting an indie
pendent judiciary from Executive assault.
and the sanctity of the ballot in the hands
of those to whom its count is entrusted, their
discussion here is deemed unnecessary. The
strong arm Of the people should be thrown
around the spotless judge, who has been
gnilty of no offence. except that he has con-
scientiously discharged his official duty
and maintained the purity of the judicial
erm;ne, and the ballot of the citizen should
be protected from every attack of violence or
fraud, and should everywhere be held as
sacred as a soldiers grave.
COUNTY NOMINATIONS.
When we come to the list of county nomi-
nations, it is proper TO say that the people
from time to time have been taking the ap-
pointing power from the Executive and
making officers elective by the people. In
the earlier history of the State, sherffs, clerks
of courts, county commissioners, county at
torneys, Judges and registers of probate were
appointed by the Executive. About forty
years ago, however, the people amended the
shearing the Executive of the
greater part OF its appointing power, and pro-
vided that the people of the several counties
in the State should elect these officers them
selves, merely providing in case of vacancy,
how the duties Of the officers should be per
formed, so that no Inconvenience might arise
to the public. In case of vacancy in the office
of sheriff, unless filled by the Governor and
Council, its duties should be performed BY
the coroners Of the county until an election
Clerks Of courts and county attorneys were
to be appointed by the court. The duties Of
register of deeds were to devolve on the clerk
Of courts. The aim has been toward giving
the right oflocal self government to the peo
pie of each county, and thus let no Execu-
tive override the popular will. The people
have so exercised this power all these wears.
instead of entrusting it to any Governor and
Council.
But two years ago, in the change from an
nual to biennial sessions of the legislature.
the term of State officers was extended a
year, but no such extension in case of comfy
officers. 1t therefore followed that on the
first day of January last, one county commits
sioner for each county, sixteen in all, several
clerks of courts, sheriffs, and county attor
Deys went out of Office. There could be no
election by the people until September
Hence here were vacancies to be filed,
either by the courts or the Governor and
Council, or other provisions of law were to
be followed. This was an emergency such
as had never arisen in the State, and will
probably never arise again. Looking the sit
uation in the face. in the light Of the past
history Of our legislation, any fair minded
man of any party, would say, let the known
will Of the people Of each county be re-
garded by the Governor and Council, and
these vacancies filled accordingly. The
Council so desired.
In the sixteen counties the outgoing officers
were republican in ten, and Of opposite