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

ed to overthrow popular government in Maine,
and because later he had signed an opinion to
the effect that the Governor is not the entire
Executive department of the State. Two
months before the expiration of Judge Lib
bey's term, the Governor nominated Mr.. Put
nam of Portland, to be his successor and asked
immediate action. To Mr.. Putnam rs man
and lawyer, there could be no objection, and
under other conditions his nomination would
have been confirmed, but the Councillors did
not propose to be the instruments of Gov.
Plasted for the punishment of high-minded
Judge for discharging his duties with indepen-
dence. Eor the trst time in the sixty-two
years which Maine has been State the single
act OF Judge was made the real cause for
driving him from the Bench. 1t was an attack
upon the independence of the Judiciary, and
If the Council had been in harmony with the
Governor, a step would have been taken to-
creature of the Executive. The Council
promptly rejected the nomination.
Long before Gov. Plaisted had made known
his purpose to rebuke Judge Libbey, members
of the Bar and other citizens signed petitions
addressed to the Governor and Council, urg
ing his reappointment These petitions were
signed by 900 leading lawyers in ten counties.
Among the leading Democratic lawyers who
signed the petitions were Hon. Henry Ingalls,
of Wiscssset, Hon. A. P. Gould of Thomaston,
Hon. John P. Donworth of Houlton, A. S.
Rice, Esq, OF Rockland, Hon. Emery o. Bean
of Readheld, Henry Hudson, ESQ.,, of Dover,
Hon. W. Ell. McCrillis of Bangor, Hon. Ma
thaniel Wilson of Orono, and ex-Mayor Laugh
ton of Bangor But petitions were of no avail.
Had they been signed by majority of the
voters in the State they would not have
swerved His Excellency from his determination
to strike down Judge Libbey. The Council,
to which the petitions were addressed, as we'll
as to the Governor, needed them, and can jas
tify their course in rejecting the nominations
made to take the place of Judge Libbey on
that ground if need be.
THRILLING AND FAC1IoUs.
Much has been said about the disrespect
which the Council has manifested toward the
Governor, but it has never occurred TO those
making such complaints that from the first the
conduct of His Excellency toward the Council
has been factious, discourteous and arbitrary
in the extreme. He has sent nominations
once rejected back three, four and even five
time. This has occurred in half q dozen in
stances, and the names have been sent back
after rejection without consultation or expla-
nation. II such action is not discourteous, it
betrays petty spitefulness unbecoming
governor of Maine. Such action furnishes con
trast with that of Governor Crosby, who, when
his list of nominations was rejected, did not
again submit the same names. Again, Gov.
Plaisted has made nominations with the evil
cent purpose of embarrassing the Council or of
compelling it to do under the stress of circum-
stances what it would not do II left to act with
freedom Take the nomination for the trus-
teeship of the Reform School. When the term
of Albion Little, one of the most efficient, un-
firing and useful trustees the institution ever
had, was about to expire, the Governor nom
mated D. W. True. Esq, of Portland in his
stead. Against Mr.. True as man nothing
could be urged, but he was nominated because
he had made himself conspicuous in the Gar
celon conspiracy by taking seat in the Senate
to which he had not been elected, and perss-
tently retaining it. His confirmation by Re-
publican council would be regarded as condor
ing that offence. After Mr.. True had been
rejected several times, and when Gov. Plais-
ted was we'll aware that the Council would not
confirm Mr.. True for the reason above given,
he sent in the name of Mr. True as the sue
cessor of Mr.. Little, and nominated Mr. Little
to fill vacancy which he proposed to make by
the removal of DR.. e. A. Thompson, another
trustee of long and valuable experience. When
the latter nomination, involving removal,
was presented to the Council, the member who
is the chairman of the Reform School commit
tee expressed a doubt if Mr.. Little would &C.
cept an appointment which would displace
colleague, and moved that the nomination lie
on the table until the next meeting. The
Governor refused to put the motion, although
there are numerous presidents in the Council
records for laying the nomination on the table.
Indeed, Gov. Plaisted had previously entertain
ed such motion. The Councillor insisted,
whereupon the Governor declared the Council
adjourned without day and left the Council
Chamber. After the Governor had retired,
the chairman of the Council, in accordance
with the standing rules took the chair and put
the motion, after which the Council adjourned
to August 10.
THE POWER OF THE COUNCIL.
The supporters of Gov. Plaisted hold that be-
cause the Constitution declares that "the Gov
assemble the Council,' that body cannot le-
gally assemble or do any business unless sum-
moned by that official. This assumption of His
Excellency practically puts it in the hands of
the Governor to nullify that part of the Consti
tuition which creates the Executive Council by
refusing to call it together during the year.
The doctrine ignores the other provisions of the
Constitution as well as all the presidents. All
disbursements for current State expenditures
must be made at. stated periods. How could
this be done without a meeting of the Council
when the Constitution explicitly declares that
emo money shall be drawn from the Treasury
except by the warrant of the Governor and
Council?" Suppose cranky Governor should
refuse to call a meeting of the Council for
months, and that body accepting the theory
that it cannot meet without the summons of
the Governor, did not assemble, how could the
interest on the public debt, and the warrants
granting money for the support of State insti-
buttons, etc., be made and paid? The law en-
joins upon the Governor and Council the assess
ment of certain taxes at specified dates. Shall
the Council neglect that duty because it does
not please the Governor to summon them on
that date? The presidents also fail to sustain
which assembled after Maine became a State
held several sessions at which the Governor
was not present and adjourned to given day.
From that time to the present, such instances
are not numerous. The record of the Garcelon
Council in this respect is full of presidents.
March Z, 1872 the Council met, the Governor
being absent. Mr.. Foster took the chair A
pay roll was passed which was subsequently,
approved by the Governor; an order was
passed submitting the question of mileage of
hare 0f tho TaUic1atura
Court; the record of a previous meeting was
corrected; and an ad journment to March IL
was voted. April % the record shows that
Gov. Garcelon was absent, but the Council
passed the order providing for the appoint
ment of Pension Agent. changed o standing
committee, voted to investigate the liquor
agency, and adjourned to May 20. Like in
stances are numerous in other administrations.
In his letter to his Democratic friends Gov.
Plaisted claims that he not only has power to
assemble the Council at his pleasure, but also
to keep and hold it and adjourn it at his pleas
ure. He has wonderful faculty for constru-
ing the constitution SO as to centraize all pow
er in his own person. Here is what the con-
cillors or majority of them, may, from time
to time, hold and keep council" 1t is the
Governor and Council who shall hold and keep
a council, not the Governor, unless the Gov
ernor is permitted to arrogate to himself all
the powers of the Governor and Council.
been State, the EChief Magistracy has been
honered with such men as King, Lincoln,
Fairfield, Kent, Paris, Crosby, Wells, Ham
lin, sthe Morrills, Washburn, Coburn, Cony
and Chamberlain-the first jurists, the most
experienced and able public men, and the
most sagacious business men in the jtate; but
all of these illustrious men were unable to
make the discoveries which Gov. Pasted has
made in two years, namely, that the Governor
is clothed with power to abolish the Council
and that he can remove officers which he can
not create Another term, with similar dis
coveries, would enable His Excellency to so
modify the constitution and eliminate co-ord-
nate branches of the government that the
Governor alone with the assistance of mill
tary staff, would be enabled to assume all its
functions and to exclaim, 81 am the State"
In strict compliance with the presidents,
and upon the assumption that it is constitu-
tional body which cannot be abolished or shorn
of its power by the Governor, the Council met
on the day to which it had adjourned. 1t was
of the utmost consequence that the Council
should meet at that date, because $4,000 of
the State debt matured at that time, the pay
ment of which should be provided for The
Council met and passed the order which must
precede payment, attended to routine business
and adjourned. The warrant which the Coun-
Gil had made for the payment of tho matured'
installment of the State debt Gov. Plaistsd re-
o.;o lao yp tha 70