The Portland daily press., 1882-09-07
An Ungovernable Governor.

Governor Plaisied delivered at Portland on
Saturday evening speech which he described
very accurately as "dry and uninterestug.'
For the most part it consisted of arguments to
show that the Supreme Court was ahsurdly
wrong in regarding the Council as part of
"the executive of the State;' and although
there is something strkingly novel in the spec
tace of Governor setting himself to review
and reverse the decisions of the Supreme Court,
Mr. Plaisted's arguments, IL must be confessed
yerged on the tedious. But while mis- presen-
tation of t1e relations of Governor and Coun-
Gil was dull enough, his extraordinary assump-
ton that the Governor of a State owes no re-
spect to the decisions Of the Supreme Court is
of much more than local and temporary in
tsrest. We could almost imagine that the
Governor held an editorial pen upon our es-
teemed contemporary the Herald, SO exactly
does his declaration of Gubernatorial inde-
pendence tally with a recent editorial article
In that paper. The Governors position is that
so long as he does not ask the opinion of the
Supreme Court he is not bound By it, He does
not say, for that matter. that he would be bound
by it, if he did ask for it, though he has no
doubt that he would acquiesce in it, under
IT," The inference is that even if he asked
for the opinion of the Court, he would still not
obey it, unless he were satisfied with ii. That
is to say, he would do as he pleased, any way
and if the opinions of the Supreme Court we've
not in harmony with his own, so much the
worse for the Court Why the trainers of the
Consultation should have taken the pains to
make it one OF the stated duties of the Su-
preme Court to give its opinion on solemn oc-
casions when appealed to by the Governor, or
..osf .1pS SArln4 tn e CnYntQ
tiyes if it was intended that the opinion should
govern only the party asking it, and then only
if the party considered it satiSfactor lit is hard
TO see. If Gov. Plasted's view is the correct
one, this clause might better have been left out
of the Constitution altogether, for it amounts
to nothing.
But the more that this matter is examined,
the more apparent it will be that Mr.. Blaine has
scarcely exaggerated the issue In saying thai
Gov Plaisted is tramplng under foot the Con-
stitution and the laws Ii the Governor IS
uncontrolled by the opinion of the Court when
given in the manner and under the circum-
stances prescribed in the Constitution, so Is
the Council, and SO the Senate and the House.
1t is clear that the trainers OF the constitution
foresaw differences of opinion and conflicts of
authority, in which everything would turn
upon the Interpretation of the law, and they
accordingly lodged the function of interpreting
the law, under such circumstances, IN the
proper authority, the Supreme Court. The
relations of the Senate and the House. Is 1t
conceivable that the trainers OF the constltu-
ton meant that the opinion should Do binding
only on the body asking Land then only ifit was
an agreeable opinion? Was it meant hat lhe
House should obey it and The Senate dsobey u
or vice versa? And ii not, Is the correspond
ing suppostion any more conceivable when
the issue touches relations of the Legislature
aud the Governor, or those of the Council and
the Governor? Nothing but anarchy could re-
suit from such condItion OF things. If the
decision of the highest judicial authority when
appealed To under the express provisions OF
the Constitution is not final, then nothing is
final and collisions and conflicts must 60 on
endlssSly. II Gov. Plaisted possesses the au-
thority Whicn he claims, he is no longer COVER
nor bu autocrat and had better assume the
sttle aud have done with il.
The people of Maine have had one law-defy-
ing Governor, WHO conspired with TIE MEM
befs OF his Council to defeat the popular will
aud TO pnt into power Legislature which had
been beaten at the polls How severe the
crisis Vas how disastrous and unsettling the
agitation, and how hard the struggle before
tue rights of the people were viudIcateG, are
matters Of history. Do the people of Maine
enjoy these "reminiscences so well that they are
willing TO keep in power another law-defying
Governor, who proclsims defiance to the
Supreme Court, and challenges the voters To
re-elect him on this issue? This is not ques-
tion of few appointments, large or small. 1t
is a question of the stability OF government, OF
respect TO the Constitution, and of the preser-
walton of those relations between the depart
ments of admins ration which the founders
OF the State intended should exist. The people
of Maine will have an opportunity next Mon
day to say whaG they think of the issue and
OF the Governor who raises 1t.