The Republican journal. [volume] (Belfast, Me.) 1829-current, 1886-04-01
Opinions not always Law.

Inc leaders of the Tax payers were so elated by
the "opinions," that they had obtained for con-
slderation from Mr.. Gould and Mr.. Drummond,
that they issued once The Tax Payer to
spread them before our gaze, as though the "opin
ion of either, or both these lawyers was indispu-
table law. 1t is very comical at times to see men
quoting the finland opinions or statements of law
yers as infallible law. Experience and observa-
ton teach us that able and learned lawyers are to
De found upon each side of every law case that is
heard by the Supreme Court of this state or any
other State. In all these cases these learned gen
temen, as general rule, give opinions to their
clients that they have the law on their side and
they go before the Courts and maintain that the
law Is thus and So But the Court takes iropin-
ions and their arguments and decides that one-haf
of them are mistaken in their views of the claw"
so III this case other lawyers able as Mr.. Gould
and Mr. Drummond, will undoubtedly give "opin-
ions" substantially contradicting theirs, and the
Supreme Court of this State if called upon, will
decide which of these opinions states the law as it
Is. We all know enough of Mr.. Gould and Mr..
Drrmmond to have great doubt of their iniallbili-
ty as lawyers. We have seen the former lay down
the claw" in his positive manner before our Court
while i'll session here and have been astonished AT
the temerity of the Court in coolly and quietly
brushing it aside. while the members of our Bar
looked on approvingly at his discontinue. And
certainly the law that he gave the "Garcelon
crowd" in the infamous count out" was set aside
and stamped out by the supreme Court. He then
advised and gave an opnon-at least it was 50
stated-that the certificates issued by Coy. Garcc-
Ion gave the REGIMENTS DJlga ffcie right to seats
as REPRESENTATIVES, r senators and that they could
| organize rho uo,,sa and S.uate ond Vote ON IN.
auestlun of oacb ,,,n,.s .,.tiuu. but fine Suu,1np
Court decided the law to he altogether different,
and declared that co,tifc,trs ,iv,n to persons WHO
were not in fact elected. gave them not even a
pyiua tacie right to net or participate in the organ
ization of either bo1v In short the Court recog-
nized the persons really elected, and not those who
held certificates ms the proper persons to organize
the Senate and Uouse and vote ON questions Of
membership and election The ouiniou rs then
given the countout o., sni,.oto.s was substantially
in priuciple like thot yivcu now The "lnw'' As
tbon loto,,ni,,d Inv tho f,o,rt outir.l, demolished
tbat ..onn,,,,, ,d tbe s.,ne r.s,It ,,,,, cr, Il,
! This case
Neither viii Mr. Drummond,e opinior he accent
ed bv the penpIe Of this citv AS indisputablv fine
law, Fam. ,.,,,.s ,,,f and ,,,,. b , N, ..o,ip
IONS +h+ ,;;d,r,9s should ,o 1o,tr,,1 f,,,, IN,
roi,r,.1 ra,taI 49, +ho,,.h t,,.,,, l.,,t ,,,1
|
f,,,i tho 1,,ido,,,1 +,,,,s ,, ,,
,..,4 .oi,;.r+ =, IL, t,,,,i,,+,,., l., H..
.1,ht and ~ Ir,,i,,. ror sinlj,,r f,,,,1 sh,,I',
,.Lar ana tho ,,a.i,ina ,I,no W. III H., sh.r.
boIdar v,s JeooU,, entitled to Tie ASA toAj h.
what ..Nrt Earnings" were and upon whom the
burden of the debt rested. But the >urreme rourt.
Notwithstanding his opinions and his ARGUMENTS
decided fine lav- to be inst the opposite THAT u.
tbis citv If H.. b.d Given ,,s ,r,o,l 1,, th 1. !;
fact MAT tine Conrt did n,oiutoin-as to Net Earn
in,,s dividends fine debt ntc in an ,,,l,ahiIi+,.
we shouId have hcen shared these .it, cnutnutio,
and controversies which bov, created ,ni,nositi..
and feuds that may last for wears And to the g,cat
dctljment of the city In All probability Too. our
| city debt would have been in large measure re.
funded, while the amcablc adjustment of divi-
dcnds at Il, per cent then existing might have
| been perpetuated. On the contrary this opinion
which proved not to be law-brought evil and only
| evil upon the city.
! If, then, we cast aside all feelings of awe-if we
have any-and look upon these opinions rs not in
fact the law, but merely their authors views of
the law and use little plain common sense in
examining and testing them, we shall simply do
what we ought to do II legal gentlemen will give
such opinions they must expect criticism. 1t is
not prtHumpti"us III plain people t. question
amt deny their mialllhlilty
No" Jet Us examine theSe opinions a htIe III the
| h&ht al simple common sense. Inc lawyers tell
! uS-"the plaln people that the Wardens and
clerks OF tins tlty, and OF the other cities of the
state have the rlght-;nd that ii il their duty-to
throw out all votes cast Tor persons no IN their
| judgment are lheh&lple 1"f lhe once hameu
rms Is to say that such minor officers net general
~ seiecte" with much care or Discrimination
sueh a. young craig anu CohHnt' Tor instance
| possess judicial functions ahdhaNe the duty placed
/ upon them OF ACCOMMODATIONS they count the
Fotca-Whether any ballots have been cast Tor any
persons not eligible Tor the oilcc' ana 81 throwing
out an tllat theN sh;il 50 ilhd' Just look TOR Il
moment at what may happen. suppose there are
various tickets, representing all kinds Of parties
ana laetlons-tha' ten or a dozen different persons
are voted Tor each Office - are these ward
olhters 10 a't lhet rs Il hipuhai !" determine tht
III" or 'ie ic' Us 10 tie eSlplly OF e;tch OF these
persons voted Tor t" I'LL the Office q alderman or
councilman OF Nh'u not anu To thro" out All votes
| theE snail thuS c"hdt'hhf But they ten us TINS
has always been the law, and that the statute of
| lS'n requiring at any election at ballots to be
counted only apphes to Governor, senators and
representatives. fttthey clte no ease orahoiAty
TO sustain this statement If this is spit this has
| always been the law Of this stae-What deplorable
| ignorance has heretofore leen exhibited by the
| LAWYERS of this city: When did any one of Them
ever show his knowledge of such 4 law? You.
| last week gave an instance OF Il failure OF an
| election Of alderman recently in Ward 3 through
counting Il vote for IN ineligible candidate
That ineligible candidate was Geo f. johnson,
who was running for Alderlnanand was elected
| in Ward l. and the defeated person-throuph
counting this vote that should nothayc been
| counted-was Geo. +. Walace-tWo LAWYERS who
! did not know that an election really had been cr
fected
Then they tell u that any man whu gct- a Ger
tiicatc from the ward clerk of his election as
alderman, has right to be sworn i'll and to act as
alderman until i majority of the entire board of
aldermen determine and shall vote that he was not
elected Mr.. Could SAYS the holder Of such ccrtiit-
cate has right to vote upon his own case and Mr..
| Drummond saws a tie vote ON his ease is sub
stantiay and in effect an affirmative vote that
such Il decision is final and conclusive and cannot
be reviewed by the courts or any other tribunal.
Well-wel, What inefficient election laws we
| have. What helpless mortals we are 1t la. been
the proud claim of law-as W.. have sunnospd-
that there was no wron,r vithout e, rn,nad,- Ana
vet here is a case where there may Inc Il Nron,r and