The Republican journal., 1882-09-07

whatever NAV be said of theoretical vacan-
cies, the various offices are all filled in pur-
suance of law, the duties are all being salts
factorily performed by qualified officers and
no public inconvenience has arisen such as
must have followed in ten counties, had the
Council shown the same partisanshlp in re-
iecting as the Governor in making and re-
newing his nominations No word Of COM
plant has ever reached the ear of the Coun-
Gil from the people of either county, touch
ing their action in this whole matter.
Outside the field of appointment no col
lision 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 bust
cess. That question first arose, however,
within his own favorite field of appointment,
as heretofore stated in part, in speaking OF
the field of removal
On the 31st day of March, 1881, the Gov
ernor, having claimed that he had removed
Col Spaulding from his office of reporter of
decisions, without the concurrence of the
Council, and having submitted the nominal
ton of his own law partner, Mr.. Smith, as
successor to fill the vacancy, then claimed
by him to exist. the Council proposed to
submit the question to the court for it's
decision by the following respectful order:
STATE OF MAINE.
In COUNCIL, March 81, 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 a. $780, j. w. Spaulding was
appointed by the Governor, with advice and con
sent of Council as reporter OF the decisions OF the
Law Court Of Maine, and commissioned to hold
his Office "four years, unless sooner removed by
the Governor and Council for the time being and
has been discharging the duties of that office ever
since. On the 18th instant the Governor, without
advice or consent of Council, claimed to remove
said Spaulding from said office, by causing the
Secretary of State to serve upon him a notice, a
copy of which, with copy or the commission is
hereuntO annexed.
Question-Has the Governor the power of re-
moval without the concurrence of the Council in
manner as claimed by him?
IN COUNCIL, March 81 1881.
Read and passed by the Council, but the Gov
ernor withheld his approval.
JOSEPH 0. SMITH, Secretary of State.
The Council passed the above order, the Cover
nor in the chair and putting the motion, but he de-
clinedto approve the order refusing to join in any
application to the Court for solution of the diff
Guilty. Whereupon the following order was passed.
STATE OF MAINE.
IN COUNCIL, March 81, 1881.
Inasmuch as the Governor has withheld his APP
prevail of an order this day passed by the Council
inviting a concurrent application by the Governor
and Council, to the Justices of the Supreme Judi
cial Court, for their opinion upon the question of
the power of the Governor, without the advice
and consent of the Council to remove the Honor
able j. w. Spaulding, as reporter of decisions
of the Law Court of Maine, and inasmuch as the
Council deem it an important question OF law.
coming within the provisions Of Art. VII s iii of
the Constitution of this State, whether by the