The Portland daily press., 1888-08-06

deposit, by the act and authority OF the CHIEF
executive; and that 1t did is, from the evil
dence in the case, as plain as monday. He
further contended that even If Governor
Bodwell, after having signed the act under
the circumstances shown by the evidence,
left it there, not intending it to be delivered
to the Secretary of State, stll he left it there.
subject to the regular routine Of the Office,
well known to him, and if under those cir
cumstances 1t went into the charge of the
keeper Of the rolls it became law. Such a
rule is absolutely necessary for the public in
terest and on the ground Of public policy.
ANY other rule than that leaves open to
investigation by the court and all parties in
terested in the question of what exists In the
governors mind as to executive acts and
would furnish no safe or good rule to go by.
The motive of the Governor was good; he
meant to do right and we make no charge
against him, but whether his motive was
good or bad is Of no Importance In this case.
Whether legislative statute Is a law in this
State can never depend upon the motive Of
the governor. The intent OF the governor
accompanying, the act may, to a certain
extent, affect the question, but the motive
never.
Judge Symonds contended that the blotter
and the register were not mere private
memoranda as contended by the attorney
general. The law requires the secretary Of
State to give written notice Of the approval
of an act with the date Of its approval. to the
presiding officers of the senate and house,
and the keeping Of the register and blotter
fall strictly within the requirements of that
law, and are books that have been kept in
the Office OF the secretary of State from the
organization of the State to the present time.
But suppose" said the judge, "this act
was one about which party strife was high
suppose 1t had fought its way through the
Senate by a narrow majority, and then
through the House by a narrow majority
and then had been presented to the Governor
for his approval. Suppose the triumphant
majority found at last that they had been
defeated by the means used in this case, by
the withdrawal Of the act from its place Of
its approval by the governor, by absolute
tearing of the pages from the blotter,-sup-
pose the triumphant majority should find
themselves dealt with as the parties in
submit that 1t would strain the very strength
of our institutions to withhold them from
resorting to force and revolution. What
other fuel than this would require to be
thrown upon the blazing Goals Of party strife
to wrap the State in flames Of civil discord
Now here is case, free from popular and
political excitement, where no imputation of
intentional wrong is made against anybody
and submit to the court that IL is a high
opportunity to indicate the lines Of the con-
stitution, to make them bold and clear, free
from obscurity, to stamp them upon the
popular mind and to engraye them forever in
the history of the law"
We do not, as the Attorney General claims,
want to shake the public confidence; we
want to establish the public confidence and
not to disturb 1t, and assure the public that
the great provisions Of the constitution
which regulate the successive steps of legis-
lation and divide the spheres Of the depart
ments of government shall be observed.
The Attorney General says it is common
occurrence for acts to pass both branches OF
the legislature, to be certified by the presid-
ing officers, presented to the Governor for
his approval, and then at the request of one
branch Of the legislature TO be returned to
that branch for further consideration. Now,
can there be any more deliberate and man.
ifest violation OF the constitution than that /?
Is not every line OF the Virginia case which
was read by my Associate Judge Goddard,
instructive upon that point-when it has
passed regularly through these successive
stages OF legislation. If the Governor returns
It upon mere request to the legislature.
1t is no return at all but is as
If It remained in the hands of the governor.
and when the requisite period has passed it
becomes law. Is II not high time, If these
practices are prevailing, that even the legis-
lature be reminded of the constitutional pro-
visions; that even the executive Of the State
should be reminded that the governor can
not unmake laws; and even the governor and
Senate be reminded that they together can
not unmake laws and that they cannot make
record which will do it,"
Judge Symonds said he did not propose to
follow the Attorney General into the field Of
discussion as to the construction or effect of
this act or as to the limitations Of time con-
tanned in 1t. II it is declared by the court to
be law he saw no difficulty whatever in
: carrying. out its provisions now.