The Portland daily press., 1882-08-26
Answer of the Executive Coun Gil
to the Public Attacks of Govern
or Plaisted.

to the Public Attacks of Govern
or Plaisted,
To the People Of Maine
The two State Conventions which have re-
Gently put Governor Plaisted in nomination
for reelection, have each seen fit to put in
their respective platforms a resolution approv-
ing his action and condemning that of the Ex-
cutive Council, in their official relations with
each other.
His Exoellency, in his recent letter of ac-
ceptance OF his nomination by the Democratic
Convention has seen fit to follow up this at
tack with specific charges against his Council
When Governor Plaisted WAS inaugursted
thu various offices in the State were filled;
mostly by Republicans, but some by members
of other political parties. Their commissions
generally run for "four years unless sooner re-
moved by the Governor and Council for the
time being" The Consultation and statutes
so fixed their tenure. The concurrent action
of both the Governor and the Council would
be, therefore, necessary to make removal
He represented one political party at least, th o
Council another. It was instantly seen that
no removals could be mad 9 On political grounds
unless the Governor would consent to strike
down his friends or the Council theirs That
could not be expected of either. Hence the
Council adopted a rule of action, that
no removals should be made on po-
litical grounds merely. If other rea-
sons Were assigned thy would hear
and act on them 1t was so stated at
their board, and in the papers of the State. 1t
was so well understood by the Governor.
Entering upon official life together, in their
new relations, with this field thus open before
them, the Governor at once commenced msk-
ing nominations to remove Republicans from
Office, by putting his political friends in, occa-
sonally, however, nominating one Republican
to remove another A nomination is first writ
ten by the Governor upon nomination book,
and after having been made seven days, is sub
mitted by him to the Council, for their vote,
by yeas and nays, the Secretary of State, who
is made by the Constitution the Secretary of
the Governor and Council, calling the roll and
recording the vote. A nomination SO made and
acted upon is finally disposed of, unless, under
the Rules and Orders OF the Executive Depart
ment reconsideration is moved within the
first three days of their next session. Ii reject
ed by the Council, and no reconsideration is
M we'd, it would be difficult 0 conceive of any
proper motive, looking to the public interest,"
or a desire to preserve respectful relations with
the Council, for renewing the same nomina-
ton, or Of one for removing the same officer.
And yet the Governor adopted this rule of ac-
tion. In making some thirty or forty nomina-
tons, to remove men from Office whose commits
sons were in full force, the following facts, as
collected from the records of the Department,
viii show the course of the Governor of State
toward a coordinate branch of the Executive
Department, entitled to the same courtesy at
his hands that he is at theirs:
To remove Charles A. Bailey, as Agent of
the Penobscot tribe of Indians, no nominated
Feb O. 1884, Henry A. Pratt; March q 1881,
Ora S. Pease; Dec. 20, 1881, Edwin @. Brown
To remove Henry s. Osgood as inspector of
the State Prison, he nominated, Feb 2.1881,
Edward Cushing, Mar. 2, Spencer Rogers,
Mar. 10, Edward Gushing, Dudley G Bean,
withdrawn, Dec. 20, j. K Mason, Feb. 2, 1882,
same.
TO remove j. FL Manley, as Trustee of the
Insane Hospital, he nominated Feb. 2, 1881,
Nathaniel Butler, Feb. is, M. V. B. Chase.
Mar. 3, Nelson Dingley Jr, withdrawn, April
u, Israel T. Dana jane 2, Same.
To remove j. w. Porter, as one of the I'm
spectors of the State Prison, he nominated FEB.
2, 1881. Edward Cushing, Mar. 2, Spencer
Rogers, Mar. 49, Same,
To remove j. w. Spaulding, as Reporter of
decisions OF tho Supreme Judicial Court, he
l. L.
10. BeFtram l. Smith, Sept. 2, d. r. Hastings,
In effect TO remove FL. O.. Stanley, as Fish
Commissioner, the law providing for one or
two commissioners, as the Governor and Coun-
Gil should determine, and no determination of
that question havi0g been asked for or had, he
nominate Feb. 2, 1884, Everett w. Smith, Feb.
16, EN-. Stilwell, Feb. l6, Everett w. Smith,
Mar. 2, Same June 2, Same, Now 16, Same,
January 5, 1852, Same.
To remove r. L. Grindle, Trustee of the Re-
form School, he nominated, June 2, 1881, W il
liam E. Gould, Jan. 5. 1882, Albion Little
To remove E. A. Thompson as Trustee of the
Reform School, just elected Treasurer of the
Board, and whose official bond had just been
approved by the GC vernon and Council, he
nominated June 2, 1881, Albion Little, IN liking
two nominations Of Mr. Little to remove other
me 4, while to fill MIR. Littles own vacancy, he
2, 1881 Same, Sept. 2, 1881, Same, Nov 16, 1881
Same, Jan. 5, 1882. Same.
One could hardly refrain from asking If Mr.
Little were SO we'll qualified to fill other mons
places in the board, why he could not be re-
appointed TO fill his own. Now at the date of
his first nomination. srbmitted for purposes of
removal, whatever the political character of the
man nominated, he knew, as all the people of
the State knew, the Council stood committed
to the rule that no removals should be made
but for cause. And no charge of any kind
was ever suggested against any OF these OIL
GERS sought to be removed. Every subsequent
nomination, original or repeated, was made
with that full knowledge on the part OF the
Governor. Why were they made and repeat
ed and re-repeated in this manner Waving
all questions of courtesy it is difficult to con-
eeivs of any possible motive. except to force
an antagonism with the Council for political
purposes, aud magnify its proportions by the
constant repettlons of these nominations in
order to have them rejected. So much for the
field Of removal, as between him and the
@ uncil, but not as between him and the Su-
preme Judicial Court of the State.
Finding the Council unwilling to aid him IN
this work of removal, he attempted it alone.
He claimed to remove, by his own act, and
served official notices of removal upon the Hon.
j. w. Spaulding, Reporter of Decisions, and
upon Col. Henry S. Osgood and the Hon. j .
W. Porter, as Inspectors of the State Prison.
whose several commissions made them only re-
movable by the Governor and Coancll In
statutes creating these offices, in hxiug their
tenure, had used the term Executive" instead
of Governor and Council" as more common
ly used at the time of their enactment The
terms had been held to mean the same thing
by every Governor OF the State preceding him.
Governor Plaisted, however, set up the claim
that the Council was no part OF the Executive
The Council, desrous of doino right In the
premises and not trsnching upon his power,
caused the question to be submitted TO the
Court for decision, as will be more fully de-
tailed hereafter, and the decision was against
the Governors Interpretation. From that time
to this bis quarrel has been with the Court and
not with the Council. He has refused to rec
ognize this decision, and has signed no war
rants for the salaries of these officers for fifteen
months although voted quarterly by the Coun-
Gil, and although these men still continue to
discharge the duties of their respective Offices
The Court say they are in office. Tho Cover
nor says they are not. Which shall yield-he
to the Court and the .aw, or the law and the
Court to him? That question is not to be an
swered by the Executive Council.
FILLING VACANCIES.
In the other field of appointment, that OF
filling vacancies occurring during his term land
of making new appointments, in all the vari-
Gus grades of Office in the State, but little col
lision has arisen. While by the provisions of
tho Constitution the right of nomination is
conferred upon the Governor, it 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 ons Thousand
nominations, all but five of which, calling tho
second fish commissioner one, have been
promptly confirmed by the Council. AS to the
rejection of Mr.. Smith for that place, while
claiming the same right TO allow political coz
siderations to affect their action as the Cover
nor has to shape his, the Council need only to
..a4. .1..e +Lau .rarn oil in the Go,uou -