Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1882-08-22
Lewiston Journal.
JAMES q. BLAINE,

THE COUNTING-OUT ISSUE.
The Argus and other Democratic Fuss
ion papers announce that the great issue
in Maine, so far as they are concerned, is
that raised between Governor Plaisted
and the Council over the question as to
whether or not Judge Libbey shall be
continued on the Supreme Bench.
A writer in the Argus says:
alt Is not 10 be disguised that very
strong feeling was created by Judge Lib
bey's concurrence In the opinions OF the
seven Republican Judges, made under date
of Jan. 3rd and 18th, 1880, touching the or
ganizstion OF the State Government. A ma
jorty Of the people regard these opinions
as overturning we'll established precedents
as recognizing mob assembled in the
Senate chamber from which Senate con.
stitutionally organized had been forcibly
expelled,-as displacing an active Govern
or legally elected, AS in direct violation of
statute OF the State, AS arrogating to IT.
self the functions OF the Governor and
Council, in determining by the return lists
who appear to be elected as Legislators,
and OF the Constitutional right OF the Leg
islature to be the Judge OF the election OF
its members-as tending to encourage dis
order and anarchy, as asserting doctrines
so adverse to the Constitution and laws
that they ought not to be adopted as apre-
cedent for future political guidance.
Under this state Of public sentiment, and
probably with the view OF infusing some
Democratic blood into the Bench, Gov.
Plaisted, In the exercise OF his Constitu-
tional discretion, saw 1T TO drop Judge
Libbey and nominate equally good men.to
the place, who were not committed to such
dangerous dogmas.'
The Democratic Gazette copies this ap.
provingly and says:
"The Republican organs are anxious to
discuss every subject under the sun that
they can possibly galvanize into an issue,
rather than meet their opponents and the
people on the one live and leading question
before them, the question all-important to
the people of Maine, whether their Gov
ernor shall be upheld in the exercise OF
his Constitutional functions and prerogs-
tives."
Of course the election Of Congressman
and of Legislature which will choose
U. S. Senator, has nothing to do with
the issue above presented. But so far as
the election of Governor is concerned, we
have here the distinct avowal that Gov.
Plaisted goes before the people on the is
sue Of sustaining the attempted reversal
of the popular vote in 1879, by dropping
Judge Libbey from the Supreme Court
because he gave such opinions at that
time, in concurrence with other Justices
of the Supreme Court, as blocked the
the plot of the counting out conspir-
ators. tt.f'ts.5
There is an old story often told to il
lustrate the loss of decency. which rep
resents some worthless fellow declaring
that he had the itch and was proud to
own it; but this proclamation calling on
the people of Maine to re-elect Governor
Plaisted in order to enable him to drop
Judge Libbey from the Bench, and thus
punish Democratic Judge for declaring
the count-out illegal, furnishes an exam
pie of greater hardihood. y ~ = ~ y y
The contingent conspirators are en-
couraged by the election of 1880, when o
Presidential contest prevented direct e1-
preston on their proceedings, that they
really think the people Of Maine in their
cool jugdment deliberately endorse their
attempt to count out on technicalities and