The Portland daily press., 1882-08-26

MT. 1JllJtO u bnO IN0iOin SCHOOL,. Iu6Ir places
are vacant.
Public discussion has so fully invited atten-
tion TO these two cases, and to the pri lciples
underlying them, that Of protecting an inde-
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 guilty of no Of
fence, except that be has conscientously dis
charged ms onclal duty, and maintained the
purity of the Judicial ermne, and the ballot OF
the citizen should be protected from every st
tack OF violence or fraud, aud should every
where be held as sacred as a soldiers grave.
COUNTY NOMINATIONS.
When we come 10 the list OF county nomiD A.
tions, it is proper to say that the people from
time to time have been taking the appointing
power from the Executive and making officers
elective by the people, In the earlier history
OF the State, sheriffs, clerks of courts, county
commissioners, county attorneys, judges aud
registers OF probate, we're appointed by the Ex-
ecutive. About forty years ago, however, the
people amended the Constitution, shearing the
Executive of the greater part of its appoin ling
power, and provided that the people of the
several counties in the State should elect these
officers themselves, merely providing, in case
OF vacancy, how the duties OF the officers
should be performed, so that no Inconvenience
might arise to the public. Ia case of vacancy
in the office of sheriff unless filed by The Gov
ernor and Council its duties should be per-
formed by this coroners of the county until an
election. Clerks courts and county
attorneys were be appointed by
the court. The uties of register of
deeds were to devolve on the clerk of
the courts The aim has been toward giving
the right of local sefgovernment to the peo
ple of each county, and thus let no Executive
override the popular will. The people have so
exercised this power all these years. instead of
entrusting it to any Governor and Council.
But two years ago, in the change from all
nual to biennial sessions of the legislature the
term of State officers was extended year, but
no such extension in case of County officers
1t therefore followed that o" the first day OF
January last, one County Commissioner for
each County, sixteen in all, several Clerks of
Courts, Sheriffs, and County attorneys went
ont of office. There could be no election by
the people until September, Hence here were
vacancies to be filled, either by the Courts OF
the Governor and Council, or other provisions
of law were to be followed. This was an emer-
geucy such as had never arisen in the State,
aud will probably never arise again. Looking
the situation in the face, in the light of the
past history OF our legislation, any fair minded
| udH, Oh ANY D3rby, WOulu SaYy i6G lac Known
will of ths people OF each County be regarded
by the Governor and Councl, and these vacan-
cies filled accordingly. The Council so desired.
In the sixteen counties the Outgoing officers
were Republican ia ten aud Of opposite poll
tics in six. The State officers had had their
terms extended 1t was fAir, in harmony with
the popular will of each coanty, with The full
spirit of this Constitutional Amendment pro
longing the official tenure, and certainly with all
correct ideas of Civil Service Reform, that the
off bav fbair avta daI h.,
appointment until the people could pass upon the
qu stion OF who they wanted for those places
| at the coming election. The Council has been
severely criticized as partisan by the Governor
In his public arraignment, and in all his poliJ-
| cal organs, and one of ihs conventions putting
| him III nomination in one of IS resolutions
| gravely charged that by the action Of the Coun-
| ell Democrats had no rights to office which
| Republicans were bound to respect" And yet,
when the Governor made nominations Tor these
| sixteen counties, instead of regarding the peo-
| pies will, he nominated his own political
| friends, except in single Instance, to ill all
| these vacancies. The Council at once con-
| firmed all his nominations of his own men in
| Fusion countless but rejected those in Republi-
| can counties. By an immediate nomination OF
| the Same men over again, or of others OF his
| party friends, for these places, he showed de-
| termined partisanship that must end in fore
| ing officers upon the people of ten counties,
| against their will, or holding vacancies ia all
these offices for year to the serious ineonven-
| ienee of the people. When that alternative
was presented to the Council, without mo
ment's hesitation they subordins5ed every 9TH
er consideration to that of public necessity and
| confirmed all these partisan nominations, e5-
cept in the eight following cases, where no det-
| riment coald come to the public good: They
rejected his nominations for clerks OF courts in
| Cumberland, Oxford and Androscoggn coun-
| ties, and for county attorneys In York and
| Franklin, aud the Court at once filled the va.
| cancles by appointment; OF sheriffs in Andro-
| scoggin and Hancock, where all the duties of
those offices are being satisfactorily performed
| by the coroners and of register Of deeds in Sag
| adahoc, made vacant by resignation, where
| the duties by law deyolve upon the clerk Of
| the courts.
AS a result, then, OF tins action Of the Couu-
| Gil upon thes9 county nominations, whatever
may be said of theoretical vacancies tie yaTi-
| ous offices ars all flied in pursuance OF law,
the duties are all being satisfactorily performed
| by qualified Office s. and no public inconven-
| ience has arisen such az must have followed in
| ten counties, had the Council shown the same
| partisanship in rejecting as the Governor 10
| making and renewing his nominations. No
word of complaint has ever re sehed the ear of
| the Council rom the pscple Of either county,
touching their action i'll this whole matter.
Outside the field OF appointment no collision
has arisen between the Governor and Council,
except as to the power of the Council to aold
an adjourned session of their own body for the
transaction of their own business That ques-
ite field of appointmeat, as heretofore stated in
part, in speaking of the field of removal
On the 31st day of March, 1881, the Govern
or, having claimed that he had removed Col.
Spaulding from his office of reporter OF de-
osions without the concurrence of the Conn
| Gil, and having submitted the nomination of
his own Law partner, Mr.. Smith, as successor
to fill the vacancy then claimed by him to ex-
ist, the Council proposed to submit the question
to the court for its decision by the following
respectful order:
STATE OF MAINE
In COUNCIL March 81 1891
Ordered, That the opinion of the Justices Of the
Supreme Judicial Court be respect fully asked ty
| statement: April "a, 1880, j. W. SpauIdinQ was
appointed by the Governor, wi advice and consent
| of Council as reporter of decisions of the Law
Court of Maine, and commissioned to hold bis Office
flour years. unless removed by the Governor
and Council for the time being and has been dis
| charging he duties of that Office since on
consent of Council, claimed to remove said Spaud-
ing from said Office, by causing the Secretary of
| state to upon him notice, copy of which,
with copy of the commission is hereuato ann. .xed.
| Question-Has the Governor the power of removal
without the concurrence of the Council in manner
In CoUNoIL, March 81, 1881.
Read and passed by the Council, but the Governor
JOSEPH o. SMITH,
Secretary of State.
| The Council passed the above order, the
| Governor IN the chair, and putting the motion.
| hut he declined to approve the order, refusing
| to join in any application to the Court for
| solution of the difficulty. Whereupon the fol-
| lowing order was offered:
STATE OF MAINE
IN COUNCIL, sarch 81 1881.
Inasmuch as the Governor has withheld his ap-
proyal of an order this day passed by the Council
| inviting concurrent application by the Governor
and Council to the Justices of the Suprems Judi
cial Court for their opinion upon the question of
the power of the Governor, without the advice and
consent of the Council, to remove the Honorable j.
w. Spauding, as reporter of decisions of the Law
| Court of Name, and inasmuch as the suncil deem
it important question of law. coming within the
provsions of Art. vi, S. iii of the constitution of
this State whether by the action of the Governor,
| vacancy exists in said office therefore,
Ordered That this Council most respectfully ask
the opinion of said Justices upon the question and
facts submitted in said ORDER and that the Secretary
of State be directed to forthwith forward to the
| Honorable Chief Justice of said Court, certified
copies of both orders, and the papers thereunto
nexeS
IN COUNCIL, March 81, 1881.
| Read and passed by the Council
JOSEPH o. SMITH,
Secretary of State.
| The Governor refused to even put the mo-
| tion, declared the Council adjourned, without
vote, the Council respectfully protesting
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