Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1882-09-05

when the governor made nominations 10
these sixteen counties, instead Of regard
ng the peoples will, he nominated hi
cwn political friends, except in single
instance, to fill all these vacancies. Tn
council at once confirmed all his nomina
tons of his own men in Fusion counties
but rejected those in Republican counties
BY an immediate nomination Of the same
men over again, or Of others Of his part!
friends, for these places, he showed de-
termined partisanship that must end II
forcing officers upon the people of ter
counties, against their will, or holding
vacancies in all these offices for year, tc
to the serious inconvenience Of the people
When that alternative was presented tc
the council, without moments hesita'
ton they subordinated every other con-
sideration to that of public necessity and
confirmed all these partisan nominations,
except in the eight following cases, where
no detriment could come to the public
good: They rejected his nominations
for Clerk Of Courts in Cumberland, Ok
ford and Androscoegin counties, and fol-
County Attorneys in York and Franklin,
and the Court at once filed the vacancies
by appointment; of Sheriffs in andre
scoggin and Hancock, where all the du-
ties of those offices are being satisfaction
ly performed by the Coroners; and OF
Register Of Deeds in Sagadahoc, made
vacant by resignation. where the duties
by law devolve upon the Clerks of the
Courts.
As result, then, of the action Of the
council upon these county nominations,
whatever may be said of theoretical va
cancies, the various Offices are all filled in
pursuance of law, the duties are all being
satisfactorily performed by qualified Off
GERS, and no public inconvenience has
arisen such as must have followed in ten
counties, had the council shown the same
partisanship in rejecting as the governor
in making and renewing his nominations.
No word Of complaint has ever reached
the ear of the council from the people OF
either county, touching their action in 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 hold an adjourned session Of
their own body for the transaction Of
their own business. That question first
arose, however, within his own favorite
field CT appointment, as heretofore stated
in part, in speaking of the field of re-
moval.
On the 3lst day of March, 1881, the
governor, having claimed that he had re-
moved Colonel Spaulding from the office
of Reporter Of Decisions, without the con-
currcnce of the council, and having sub.
mitted the nomination of his own law
partner, Mr.. Smith, as a 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.
IL Council, March 81, 1881.
Ordered, That the opinion OF the JUS
tees of the Supreme Judicial Court be re-
specially asked by the Governor aud
Council upon the following statement
April ~, 1880, J. w. Spaulding was ap.
pointed by the Governor with the advice
aud consent OF the Council, as reporter Of
decisions OF the Law Court OF Maine'
and commissioned to hold his office
flour years, unless sooner removed by
the Governor and Council for the time
being" aud has been discharging the du
ties OF that office ever since. On the 29tl
instant the Governor, without advise OIL
| - ~ % nys
said Spaulding from said Office, by caus
ing the Secretary Of State to serve upoI
him notice, copy of which, with cop!
of the commission is hereuuto annexed
Question-Has the Governor the powe
of removal without the concurrence of thu
Council in manner as claimed by him!
IN Council, March 81, 1881.
Read and passed by the Council, but tn
Governor withheld his approval.
JOSEPH o. SMITH,
Secretary of State.
The Council passed the above order
the Governor in the chair, and puttin
the motion, but he declined to approx
the order, refusing 10 join in any appli
cation to the Court for solution Of tn
. difficulty. Whereupon the following OIL
der was offered
STATE OF MAINE.
IN COUNCIL, March 81, 1881.
Inasmuch as the Governor has will
held his approval of an order this da
passed by the Council, inviting cOncu
rent application by the Governor an
, Council, to the Justices of the Suprem
5 Judicial Court, for their opinion upo