The Portland daily press., 1882-08-21
The Letter of Acceptance.

[Eastport Sentinel.l
In his letter of acceptance, addressed to the
committee appointed by the Democratic State
| Convention to notify him of his nomination by
that body, Gov. Plaisted complains that the
Council have undertaken to usurp the authori-
ty of the executive. While the;Constitution of
the State vests the supreme executive authori-
ty in the governor it clearly and carefully pro-
vides checks in the exercise of thatauthority.
The over of nominating certain officers in
the State is given to the governor, but this
power has check, as follows:
Art. 5, part 1, Sec. 8, of the Constitution
reads:
me shall nominate, and with the advice and
consent to the Council, appoint &C."
Again-in Sec. IL:
consent of the Council, to remit after convic-
ton, all forfeitures and penalties, to grant re-
prieves and pardons, except in cases of i'm
parchment"
Part O. Sec. 1 reads:
s'There shall be Council to consist ofseven
persons. citizens of the United States, and res
idents of the State, to advise the Governor in
tho executive part of the government.
It is plain that the trainers OF the Constitu-
ton contemplated such an emergency as has
occurred, where the governor, for purely parti-
san and selfish purposes, attempts toamake ap-
pointments and removals of officers. The
Council are bound by the duties pertaining to
their Office under the Constitution and by
their oaths to see that in the matter of remov-
ais and appointments the State shall suffer no
detriment. Out of about one thousand nomi-
nations made by Gov. Plaisted, where the
term of the incumbent of the Office had ex-
pired, the Council have confirmed all but two
One of the two was the case of Judge Libbey
and certainly if any case can possibly arise
where the Council have the right and it be-
comes their solemn duty to reject a nomina-
ton made by the Governor, this was one,
What are the circumstances of the case? Judge
Libbey was a Democrat when appointed a
Judge, and is Democrat now. He was NOM
mated by a Republican Governor, and by the
advice and consent of Republican Council
appointed. He was an eminent lawyer and ranks
with the ablest of the Judges of the Supreme
Court. Not an untavorabe criticism has APP
peared in reference to him as man or as Judge
since his appointment. On the contrary he
has the esteem of all the bar of the State with
out regard to party. But when his term of
office expires, while he is in the primo of man
hood; better fitted by experience as Judge
for its duties than when appointed. and better
fitted than any man OF equal ability without
such experience can be, the Governor would
set him aside and take new man. 1t matters
not how eminent as lawyer the man nomin-
ated for his place may be, he cannot be as we'll
qualified for the place when he enters upon
the duties of the office as Judge Libbey, for he
has not the experience in the duties of the
office. For this reason the Council should re-
fuse to approve of the setting aside Of Judge
Libbey without good and sufficient reasons,
and there were no good reasons
Again, there is not shadow of doubt in any
mans mind that the reason the governor
would not nominate Judge Libbey for reap
pointment was because he had given a decision
against the attempt of the Garcelon gang to
steal the State. II that question had not aris-
en-, or if it had not been submitted to the
Court, or if submitted, Judge Libbey had CIV
en- decision in favor of the attempt to steal,
no man in the State doubts that Judge Libbey
would have been promptly reappointed. The
great question, then, of the independence of
the Judiciary is involved Gov. Plaisted has
undertaken to strike deadly blow at the in
dependence of the Judiciary-the Council have
done what they could to avert the blow, and
maintain the high chara ter of the Court.
We are glad that this issue is so clearly and
distinctly drawn, and that the people are to
have the opportunity to express their views
upon it by their votes