Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-08-28
NO 2O2.

service reform, that the outgoing officers have
their terms extended by appointment until
the people could pass upon the question of
who they wanted for those places at the
coming election, The Council has been se-
verelv criticized as partisan by the Governor
| in his public arrsignment, and in all his po-
| litical organs, and one of the conventions
putting him in nomination in one of its reso-
| lutions gravely charged that by the action of
the Council democrats had no rights to Of
! fice which republicans were bound to respect"
And yet. when the Governor made nominal
tions for these sixteen counties, instead Of
regarding the peoples will, he nominated his
own political friends, except in a single in
stance, to fill all these vacancies. The Council
al once confirmed all his nominations of his
own men in fusion counties, but rejected
those in republican counties. BY an imme.
diatc nomination of the same men over again,
or of others of his party friends for these places,
he showed determined partisanship that
must end in forcing officers upon the people
of ten counties, against their will, or holding
vacancies in all these offices for year. to
the serious Inconvenience of the people.
When that alternative was presented to the
Council. without moments hesitation they
suhordinaied every other consideration to that
of public necessity and confirmed all of these
partisan nominatlona. except in the eight
following eases, where no detrment could
come TO the public good They rejected his
nominations for clerks of courts in Cumber-
land, Oxford and Androscoggin counties, and
tor county attorneys in York and Franklin,
and the Court at once filled the vacancies by
appointments of sheritfs in Androscoggin and
Hancock, where all the duties of those offices
are being satisfactorily performed by the cor
oners; and OF register of deeds in Sagadahoc,
made vacant by resignation, where the duties
by law deyolvc upon the clerk of the courts.
As result, then, of the action of the Coun-
ell upon these county nominations, whatever
NAV be said of theoretical vacancies, the
various offices are all filled in pursuance of
law, the duiies are all being satisfactorily
performed by qualified officers, and no public
Inconvenience has arisen such as must have
followed in ten counties, had the Council
shown the same partsanship 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. how
ever, within his own favorite field of appoint
ment, AS heretofore stated in part, in speak
ing of the field of removal.
On the 3lst day of March. 1891, the
Governor, having claimed that he had re-
moved Col. Spaulding from his office of
reporter of decisions, without the concurrence
of the Council. and having submitted the
nomination of his own law partner, MIR.
Smith, as a successor to fill the vacancy then
claimed by him to exist, the Council pro-
posed to submit the question TO the court for
its decision by the following respectful order
STATE OF MAINE.
In COUNCIL, March ~, 1881.
Ordered, That the opinion of the Justices of the
Supreme Judicial Court be respectfully asked by the
Governor and Council upon the following statement:
April ~, lss0 j. ". Spaulding appointed by the
Governor, with advice and consent of Council, ms
reporter Of decisions of the Law Court Of Maine,
and commissioned to hold his Office "four years,
less sooner removed by the Governor and Council
for the time being" and has been dischargng the
duties Of that Office since. On the Goth instant
the Governor, without advice consent Of Council,
claimed I'd remove said Spaulding from said ofhce,
by causing the Secretary state to upon him
n notice, copy of which, with copy Of the com.
mission ts hereuntO annexed.
Quesfon-Has the Governor the power Of removal
claimed by him?
In COUNCIL, March 81, 1881.
Read and passed by the Council, but the Governor
JOSEPH o. SMITH,
Secretary of Btatr.
The Council passed the above order, the
Governor in the chair, and putting the
motion, but he declined to approve the order,
refusing to join in any application to the
Court for solution of the difficulty. Where
upon the following order was offered:
STATE OF MAINE
In COUNCIL, March 81. 1881.
Inasmuch as the Governor has withheld his ap-
inviting concurrent application by the Governor
and Council TO the Justices Of the Supreme Judicial
Court, for their opinion upon the question Of the
power of the Governor, without the advice and con-
sent Of the Council, to remove the Honorable j. w.
Spaulding, as reporter Of decisions Of the Law
Court of Maine, and inasmuch AZ the Council deem
it an important question Of law, coming within the
provisions of Art. vi s. iii OF the constitution OF
this State, neither by the action Of the Governor,
a vacancy exists in said Office, therefore,,
Ordered, That this Council most respectfully ask
the opinion of said Justices upon the question and
Of State be directed to forthwith forward to the
Honorable Chief Justice Of said Court, certified
copies Of both orders, and the papers thereunto an.
nexed.
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-
ton, declared the Council adjourned, without
vote, the Council respectfully protesting
hHdInst tbt dbJDuTuiDeut III tDat MANNER, anu
he left the chamber. The senior Councillor,
under the rules and orders Of the Executive
department which requires that officer to pre-
side in the absence of the Governor, took the
chair, the Council passed the order. and the
question went to the court with full certifi-
cate of all the proceedings. The Court en-
tertained the question: thus judicially recog-
niZiDg the right of the Council, as a consti-
tutional body, to hold its own meetings, for
the discharge of its own duties in the Execu-
tive department, and answering the question
in E learned and elaborate opinion, published
in the 72d volume Of our Maine Reports, de-
cided against the Governors construction
upon the questions in issue.
The latter question being ordinarily, and
practically one of mere convenience in the
executive department. as the Governor has
the right to convene the Council in any emer-
gency. is Of little moment unless pressed
in the manner the Governor has seen fit to
press it to the public detriment.
At a regular session in July, 1881, upon
the Governors presentment Of nomination
for action, Councillor Bow ers made the mo-
tion that it lay on the table for further ad-
visement until the next meeting Of the Coun-
Gil; the Governor, insisting upon his right to
immediate action by the Council, refused to
put the motion, or allow it to be put by the
President Councillor Robe, and once more
without vote, and against the protest OF
Con ncft hat ho,w ,r Al