Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-07-14
"DIcTUM" OF LAW AND LOGIC

1.-The Governor, Mr.. Davies and
Dictum" is the caption under winch
the Lewiston Journal contributes a
good part of a coumn TO the press
comment ON the deadlock existing
between the Governor and the Elk
ecutive Council in the matter of the
appointment of a chairman OF the
Public Utilities Commission. 1t is
uleased to term "a dictum" conclu-
sion that it was the Governors duty,
pursuant to the obligations of his
high Office nd in recognition of the
requirements of the State laws, to
exercise his power of selection a
second time, his first selection having
been without the advice" and not
receiving the consent" of the Coun-
Gil, notwithstanding his insistence by
two nominations
To US that conclusion appears as
the logic Of the situation. rather than
a personal dictum, if ways and
means provided under the law are to
be respected, and assuming that a
unanimous Council is not to be bull
dozed.
AS we recall, it has not been GUS
tomary to regard it a "blackdown"
on the part of the executive when the
confirming body refuses confirmation
unless the executive insists. This is
what Governor Baxter is doing. This
feature of the situation is of his own
making and would seem to us proper
ly for his own unmaking.
Possibly a silly season is per-
MISSILE in dog days" In no other
way can we account for our critic jas-
Stunning that the Council in exercis-
ing it's prerogatives is in anyway
trespassing on the Governors pre-
negatives without at the same time
assuming the Governor. prolonged
negatives of the Council as well as on
the purposes for which the Public
lished. And it is equally absurd TO
charge that body because of this
with pursuing Governor Baxter or
that the Interests have captured
and are holding in subsection all the
seven executive councillors Of this
good State of Maine. Indeed we
would go farther, being somewhat
inclined to a democratic form of
government, and conclude that it is
much more likely that this unanimous
body of representative men from diff
ferent parts of the State is acting
with better discretion and higher re-
gard of the public rights than is one
man insisting on his own personal
judgment in absolute disregard of the
judgments of seven men charged with
the duty of exercising their judg-
ments.
The juryman who disagrees with
the other eleven jurors may be en-
titled to credit for thus causing a
disagreement, but lone juryman
who should declare he would not
leave the room until the other eleven
had reserved their conclusion and
adopted his view might incur some
suspicion of being obstinate, and if
he should attempt to pose as a mar
tyr in consequence might cause a
smile. We do not think he would de-
serve much compassion.
Our Lewiston contemporary pro-
ceeds to elaborate, as follows Gov
ernor Baxter is Governor of Maine!
If he prays to God for guidance Gas
we hope and as he needs, together
with all of us, to pray) he could not
accept such a dictum. Where would
be his self respect"
Well, we would suppose even an
ana mic self respect might handily
survive the shock, and we have too
high a regard for Governor Bakers
to suppose that his will be impaired
Yes, he is Governor of Maine" BY
the same token, but not by the same
procedure the Executive Council is