The Portland daily press., 1882-02-10
The Duty of the Council.

The attempt on the part of the advisers
and apologists of Governor Plaisted to make
the Executive Council mere civil-service-
examining-board to ascertain whether or not
nominees for Office can read and write and
possess good moral character is as absurd
as it is necessary to justify their claim that
the Council should confirm the nomination
of Mr.. Putnam for the place of Judge Lib
bey, whose term will expire in April next.
They utterly ignore the fact that other
elements than the simple matter of abstract
fitness of nominee may fairly enter into
the examination of suitability. The ap-
pointment of man fit in himself for a
place may have such relations to other
things and other men as to make it in the
highest degree unsuitable. And this is pre-
cisely the condition of the case in hand.
The question of Mr.. Putnam's qualifica-
tions for the position upon the Supreme
bench, for which he has been nominated
without his knowledge, is not involved in
this discussion. No one questions the fact
that he would make an able and upright
JuuR6s anu IL 10 S4udu1 CCit tain ultst 0OfSA
or Paisted was morally sure that under no
circumstances would Mr.. Putnam accept
The motive, however, which prompted this
nomination, viz, a practical rebuke to Judge
Libbey for his attitude respecting the State
steal, and the effect of the confirmation of
any man other than Judge Libbey upon the
independence and integrity of the judiciary
are as much proper subject for the con-
sideration of the Council and of vastly more
Importance than a mere enquiry into the
moral character and legal attainments OF
nominee for that position.
What is the situation? Judge Libbey's
term does not expire until April next. He
has been a lifelong Democrat, was appoint
ed to the bench as such. He has proved on
the bench an able jurist and an upright man.
Upon the most important question ever sub
mitted to the Supreme Court of this State,
he demonstrated the fact that he could sink
the partisan in the jurist, and render de-
cision in accordance with law and equity in
the teeth of the clamor of his party asso-
ciates.. And but for this course, which must
commend itself to the judgment of every
honest citizen whatever his own opinion on
that subject may have been, Gov. Plaisted
would have re-nominated him.
The object then of Gov. Plaisted's nomi-
nation of Mr.. Putnam was not to place that
lawyer upon the bench; but
rather to condemn Judge Libbey fer an act
of manly independence and judicial up
rightness. which was characteristic of his
whole public and private life, and for which
he is entitled to the thanks of every good
citizen.
Under such circumstances the duty of the
Council is as clear as the motive of the Gov
ernor was apparent. 1t is to treat the action
of this Governor as any other assault upon
the integrity and independence of the bench
should be treated. In this particular in
onfy be maintained by tho reappointnaantn of
Judge Libbey. And though the Council has
not the right nor the ability to compel the
to renominate that upright Judge,
it may properly take the ground that as the
interests of the whole State, of honor and
fair play, require his reappointment, no 9th
er nomination will be a suitable one for
them to confirm.
If the Executive Council shall fail in this
emergency to set its face like flint against
the consummation of this infamous assault
Of the Governor upon the independence of
the Judiciary of the State, the people may
well believe that the Council-which had its
origin in the idea that it might at some time
be necessary to curb Governor in an at
tempt to prostitute his high position to per-
sonal or partisan ends-has failed to dis
charge duty to which it is bound by the
ties of honor and good faith as well as by an
view of public interest.