The Portland daily press., 1882-09-08
THAT CONVERSATION.
An Unwritten Chapter of the Garcelon
Count-Out.

Crust" the Portland cor respondent of the Boston
Traveller, writes follows concerning the lnVei
view between Judge Libbey and Gov. Garcelon al
the time of the ceunt-out in 1879.
Some of the Fusion papers have been endeavoring
to place Judge Libbey false position by pupiS5h
ing deliberate falsehoods to the effect that az .l1
time of the Garcelon count-out he advocated anu
endorsed the position taken by Governor 3arcelon
and his Council in an interview with GoVernoi
Garcelon, before the tabulations were completed.
AS soon as this charge was brought to Judge Lp-
beys attention he came out in an open letter 70
Governor Gareelon denying the statements In toto'
and requesting that the bond of secrecy be removed
and that he be permitted TO tell just what happen
ed at that conference but such permission mas
been given him. If the truth were known IL woui9
appear that four days after Governor Garcelon anu
his Council had completed the tabulations ior
Representatives and Senators, Judge Lbbey had oc-
casion to 60 up to the State Library in the state
House, and on coming down the library met GOV.
Garcelon, who stopped him, reproached him for not
having been o see him, and asked him TO step INTO
his room, as he wished to consult with him apous
the legality OF their doings, Judge Libbey repned
that he had purposely kept away, owing to the
peculiar nature of his position and bee use he dla
not want TO give any optnion. Governor Garceloh
claimed that they bad been lifelong friends, ana ns
wanted to talk with him about those matters, anu
that what was said should be in strict confidence
1t Is said that third present at the lnter
view. and it appears that S. S. Brown member OF
the Governors Council and lawyer, was in the
Governors room. After entering the Governor
room Gov. Garcelon took up the cases of the cities
they had DISTINGUISHED and asked Judge Libbeys
opinion as TO inc legality OF tnelr aS-
tion, and he replied that as 10 those cases
he did not know what the law was; that
he had never had occasion to look it up and had re-
Trained from doing so recently not to be able
to give an opinion If asked for it. as he had just
been asked. Then turning to the 81 towns, whose
votes had been changed and overturned by the Gov
ernor and Council the Governor asked about them
aud Judge Libby replied that they came under
different principle of law, and he had had occasion
previously to look up the law on those points, and
that the action of the Governor and Council on
them was wholly wrong and contrary to law that
there was no authority under the constitution OF
statutes nor was there any precedent which they
could base their doings AT that point Councillor
Brown withdrew, and Gov. Garcelon paced back
and forth in the room and finally stopped by the
window, seemingly utterly cast down. He stood in
deep thought time, until he finally expressed
great regret for their action and exclaimed that he
was surrounded by the very devil himself The
trnth of that statement was shown by the sequel
That the above is true history of that occurrence
can admit of no manner of doubt, and when it is
considered how Garcelon actually felt at the time
and that he finally submitted the questions to the
court, We must do him the justice to say that he
meant well, but being weak, was overpowered by
the unpr1ncipled men who composed his Council in
stigated by Eben F. Pill bury, who is now stamping
the State for "Plaisted and Reform