The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-08-17

Despite this unqualified opinion of the tribu-
nal to which the Constitution refers all disput-
ed questions Of law for arbitrament, Gov
Plaisted has refused to recognize the force
which the Constitution gives to decisions
Until the Garcelon conspirators declined to
obey the decision of the Court which blocked
the wav to their usurpation the opinions of the
Supreme Court had the binding force of posi-
tive mandates with State officers; but follow
ing the solitary precedent of the Garcelon Ca
bal, Gov: Plaisted has not only assumed the
prerogatives of the Council, but has condemned
the opinion of the tribunal created by the Con-
stitution to interpret the law. 1t would be a
no more fragrant disregard of the Court if a
Sheriff should refuse to enforce Is judgment
or refuse to serve its writs. Since that time
Col. Spaulding has been recognized by heSu-
preme Court as its Reporter, but Governor
Plaisted has refused to permit him to draw the
salary he has earned. When the Council has
made and passed report appropriatiDg money
to pay all Salaried officers, Governor Plaisted
strikes out the amount voted to the Reporter
of decisions, thus changing and falsifying the
report which the Council has signed and passed,
and making it his own without shadow of au-
thority. And yet this Council, which has
been denounced as quarrelsome and captious.
has permitted this high-handed proceeding to
go on without attempting to resist it. Gov
ernor Plasted in his letter of acceptance makes
no reference to the Spaulding case or the opin-
ion of the Court, which declares his assump-
ton of the power to remove officers to be un-
constitutional and which makes his attempt to
do so an usurpation, This is well; having TO-.
nored the opinion of the Court, it is easy to ig-
more its existence. 1t is the only way by which
he could escape confession that he is yiolat-
ing the Constitution and the laws as construed
by the Supreme Court.
GOVERNOR PLAIsTED's COMPLAINT
The Governor, in his letter accepting the
namonratic nomination save ffTha GOnpo;1
had sought to dictate appointments to Office
and to prove it, goes on to give a report of the
Committee on Reform School, where it ''re-
spectfully advised the Governor to re-appoint
Albion Little as Trustee of that institution. It
is the duty of the Council to "adyise" the Gov
ernor, and it did it in this case in the form of
a report OF the committee to which a nomina-
ton for that office was referred. 1t is difficult
to see where dietation comes in here.
If Governor Plaisted has carefully read the
Constitution hemust know that tvs powers are
necessary to make an appointment the Gov
ernor and the Council. It declares that the
Governor "shall nominate and, with the advice
and consent of the Council, shall appoint If
the only duty Of thesCeuncil were to confirm,
why have Council? And yet the political
experts who made the Maine Democratic plat
form proclaim that the action of the Council in
the rejection of nominations was in "deroga-
ton of the Constitution and subversive Of the
popular will" If the opinion of the Supreme
Court to the effect that the prerogatives of the
Council in the making of appointments are as
well defined and are to be as distinctly exer-
cised as those of the sGovernor, has no weight
with the Governor and his Democratic admir-
ers, their attention is called to bit of political
history.
A DEMOCRATIC PRECEDENT.
In 1858, Hon. W. G. Crosby, Wing, was Gov
ernor. -Four of the seven members of the Ex-
ecutive Council were Democrats, namely, E..
l.. Osgood of Oxford, Franklin Smith of Som
erset, A. NJ Roberts of Bangor and Albert
Pillsbury of Washington. Mr.. Pillsbury was
the Democratic candidate for Governor that
year. General Smith has since been the party
candidate, while Mr.. Roberts has repeatedly
declined the honor. That is, these Democratic
Councillors were representative men. AT one
time Gov. Crosby had occasion to nominate
sixteen School Commissioners, Reform School
Commission and number of important coun-
ty offic ers to fill existing vacancies. Eighteen
of the nominees presented to the Council by
Gov. Crosby were Wings and twelve were
Democrats. In presenting tho names to the
Council, the Governor first submitted the
names of the Wings, one by one, and one by
one the name of each Wing was rejected by
the votes of the four Democratic Councillors
For this act they were applauded by the Demo
cratic press of the State. while Gov. Crosby
was vigorously aSSailed for not having sought
the "advice'' of the Council before making the
nominations. Furthermore, these Democratic
Councillors were so indignant because Gov.
Crosby had not first consulted them that they
signed, and caused the following
protest to be spread upon the records of the
Council:
Council not having deem consulted by the Governor
in relation to the Commissioners recently nominat-
ed by him for Office feel it their duty to protest
against their appointment thereto"
Do~t;o,,1o, o4ta,+;o,, 30; nu;tod 10 tfis naca
The nominations were all made to fill offices
which were vacant; the Democratic Councillors
had exercised their authority by rejecting
eighteen nominations, and still they were not
content. They must needs put themselves on
record as protesting against the simple act of
nomination without previous conference and
agreement! Comment is unnecessary, except
to add that the present Council has never as
sumed to go SO far as to reprove Gov. Plaisted
for not consulting it before making nomina-
lions. 1t comedies to the Governor the full and
free exercise of his constitutional powers. The
records of the Executive Council present nu-
merous instances where Councillors "haye SUBJ
verted popular government" by rejecting NOM
nations. Indeed, during most administrations
such instances are to be found. During the
Garcelon regime, Col. Robbie, to whose intiu-
ence and contributions the establishment of
the Normal School at Gorham is largely due,
was recommended by leading men in both par
ties in Cumberland county for vacant Trus-
teeship. Governor Garcelon nominated him,
but the Council rejected the nomination sin
derogation of the Constitution" to quote the
Democratic platform.
THE FILLING OF VACANCIES.
Thus far during the term of Gov. Piaisted
twelve vacancies of what may be termed i'm
portant offices and trusteeships have occurred
by reason of expirations of terms OF service.
OF the twelve, ten have been filled and two
remain vacant. OF the ten filled, six of the
appointees are Fusonists, two are Republi-
cans and two are women-the four latter being
of the least Importance. Six vacancies have
by the expiration of the terms of
the Municipal judges IN as many Republican
cities. The Governor nominated Fusionists
in every instance. Four of those appointed
have been confirmed, and two have been re-
lected for reasons which every intelligent man
would deem to be sufficient But in the cases
where the nominations have been rejected no
in the administration of justice
can result, because Trial Justices are author
lied to act in case of vacancies.
THE COUNTY OFFICERS.
The ninth resolution of the Democratic State
Convention declares that "the action of the
Council in rejecting nominations made by the
Governor for numerous county offices, ETC., is
subyersive of the popular will" The fact that
the Council has confirmed all but seven of
twenty-five nominees to fill such vacancies
makes lCS painfully eVlQ6QG InaI Il0 JJ6LQO~
cratic constructor of platforms has, at least,
three pressing needs, namely, a reliable news
paper, a retentive memory and power to dis
tingaish between the truth and the creations
Of an overworked and perverted Imagination.
The facts are these: By reason of the change
from annual to biennial elections, the terms of
sixteen County Commissioners, three Sherifs,
four Clerks of the Courts and two County Attor-
neys expired Dec. 81, 1881. 1t was suggested
by leading Republicans and by many Democrats
that the officers whose terms were expiring be
appointed to fill the vacancies. The fact OF an
election was an indication that such persons
having been once selected by the people would
be acceptable to the majority in their respec-
tive counties. The fact that most of these offices
were once filed by Executive appointment,
and that the Constitution has been amended so
rs to take that power from the Executive and
confer it upon the people, shows that the peo-
pie desired to control the selection of these
local offices themselves fact which should
have led the Governor, If he is desirous of con-
sulting the popular will, to appoint men whom
they had approved by an election. But His
Excellency turned deaf ear to all such sug-
gestions. Hungry political friends in crowds
were standing about clamorous for place and
salary. For these twenty-five vacancies, Gov
ernor Plaisted nominated twenty-four Fusion
lists and one Republican, the latter because, in
credible as it may seem, no Fusionist applied
for the place. The Council felt that this ac-
ton was unfair and in disregard of popular
sentiment, which, as expressed in the last
election, was Republican in ten of the sixteen
counties. The nominees for the sixteen County
were sconfirmed, all of whom
were Fusionists. This was done because there
existed a slight doubt whether tue several