Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1882-02-14
THE DUTY OF THE COUNCIL.

nomination recently made oy OONeIuor
Plais,ed Il reitcra;es It's sentiment;
that the Council has no option, but must
confirm every nominee presented by the
Governor for vacancies, when they know
the nominee is competent 10 fill the posi-
ton. This we controvert. The quota
ton from Justices Appleton, Peters and
Barrows does not necessarily bear such
an interpretation They say, as quoted
by the AdrcrtiSsr:
II there was 20 vacancy, the option was
with the Council, 20 create one or not, as
the public interest might require. lfthere
was a vacancy there was no option. II
would be their duty 10 MI it,when IN their
Judgment suitable p0usNGti0H should
have been made.
The Court does not say that a. soon as
a competent man IS presented he shall
be confirmed but ''when in their Judg
ment suitable nomination has been
made. The Council is to decide wheth-
er on not the nomination Is a suitable
one. In order to determine this, they
must not only take into consideration
the character and ability Of the nominee,
but must consider all the circumstances
attendant upon the nomination.
The Council Is not simply machine
20 DO the viii Of Governor. On the
contrary. /, Is intended to be a check
upon him. The founders Of this
government had seen and felt the effects
Of a one man power administration.
They CudeavoIed in organizing their new
government. 10 make it dual in every
branch. The President has his Cabinet
10 advise with. the Senate IS TO check
the less sedate and thoughtful House Of
Representative, and by such q system
balance was 70 be maintained so as to
prevent q return TO despotism. OF this
system the governors Council in Maine
5 part. While the Governor and 9TH
er State officials are in accord, the Coun-
al IS Of little use; but when the Cover
nor does not accord with the sentiment
Of the other officials, the true province
Of tue Council appears. 1t Is then TO
check the assumption Of power by one
MAJ, 20 prevent him from overriding
the sentiment and will Of the people
What other view can be consistently
taken of the matter Il must be that
il was intended for the Council to use lis
Judgment in such matters or It would be
an utterly useless body. If the Council
were simply to confirm nominations, It
were as well to DO away with the expense
Of maintaining such an organization, and
allow the Governor TO issue his commits
SONS without restriction or consultation.
Now the question in this case, Is not
''is the nominee a suitable man but
: the nomination a suitable one :" In
;heir Judgment" This opens the ques-
tious Of motive in making 1t, the necessi-
" or desirsbility Of making a change, the
custom in such cases and other circum-
stances in connection Herewith. All
these points must be considered by the
Council. before making up their
Judgment. In none Of the points above
named do we believe they can conclude
that 1.-THE nomination is suitable one.
Il has been the custom 10 continue an
acceptable Judge in office for an indehn-
lie time. The Adrertiser objects 10 our
use Of the words "depose" and sup
plant" in this connection, but we con-
tend TIA, they are correctly used. Gus
tom regulates many things, and imposes
laws not 10 be found in the Statute
books. lit be the custom TO deliver
goods upon a wharf, the simple landing
Of boat at the wharf Is not delivery
and the Courts so rule. Custom has
made some Offices, offices of rotation and
Others Offices of long tenure. In this case
the Governor has sought to "depose"
Judge Libby and to "suPplant" him by
violating custom Of the State, in re-
moving an acceptable Judge, and plac-
ing another in his position. Custom
has made longer tenure Of Office, than
the term established by statute. There
is no necessity for making a change at
the present time. Judge Libby could no
doubt present petition for his reap
pointmen,, signed almost unanimously by
the bar Of Maine. Nothing can be
gained BY the change and much Will be
lost, if the precedent is established Of
changing judges with great frequency.
As there Is no sound reason for retiring
this judge at the expiration of his first
term. the Council will be obliged TO look
for some motive on the part Of the Gov
ernor in taking such action. This they
may readily find in the breathings OF
slaughter which came from Plaisted's
friends when Judge Libby signed the
notable and judicial decision which seat
ed a legal Legislature in place of Garce-
Ions mob. Although none of US can
read with certainty the working Of an
others mind, this is the only motive
which can be assigned for Plais:ed's &C
ton. If this be the motive, the Coun-
Gil would stultify itself, if it were TO de-
clare the nomination suitable one"
We are willing that the Republican
party should go to the people next fall
on the issues as they have been made up
by Governor Plaisted-particularly in
this case. The Council is doing its duty,
and we are glad TO see since writing
most Of the above, that the nomination
has been rejected. The Council was not