Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-04-28

ttar., IN constituting constitu-
slonaa provisions, the question is not
81 nucn what the convention meant
framed the constitution, but
s ene supreme and controlling cues
eSm - wnat the people whose votes
In force intended" ana the ru1a =.
expressed in varying forms of Ian
guage In many many cases.
Another rule to which wish to
call aMention here is stated as fol-
strung q constitutional provision n
viii be presumed that every woro
was weighed and its meaning care
ruby considered before its insertion
IN the instrument" This rule. of
course, refers to the consideration Of
the language by the Legislature. IL
Is therefore pertinent to inquire with
reference to the precedents which I
am ABOUT to cite, what the Legisla>
lure meant under the last rule of
construction, where 1t is presumed
TO have weighed the word Govern
or" and the word Council" by the
use OF those words in presenting the
amendment to the people. A single
word, Jointly" used by the Legisla,
ture after the words Governor and
Council would have made the
meaning clear but the Legislature
did not use it.
Another rule, and we do not have
to hunt for foreign authorities to
enable us to invoke it, for it is con-
tanned In the very first chapter of
the Revised Statutes of Maine and
think has been expressed in the
same words since the organization
of the State, is this: words and
phrases shall be construed accord
ing to the common meaning of the
| language. Technical words and
phrases and such as have a peculiar
| meaning shall convey such technical
or peculiar meaning"
Now think it can be easily shown
| that the word Governor" and the
word "Counci" and the phrase,
culiar meaning and have always
been used in the same sense. Now
| then, the first inquiry is,-what is
/ the meaning of the word Govern
| orr which is used in the amend
ment without any modification or
qualification. / have already de.
fined the word Governor" and it
has always been used in that same
sense, as the chief magistrate of the
State. The next inquiry is,-what is
the meaning of the word Council"
have defined that. 1t is. simply
a repetition of the constitution
Seven citizens acting as a composite
body. I presume no one will ever
question that. And these two words
have been used in this sense with
out single exception up to the pres
ent time. But the opinion makes
the word Governor" read Ralph
o. Brewster and says that the peo-
pie should have understood when
they saw the word Governor" in
Ralph O.. Brewster" acting In
his individual capacity, not in
his official capacity as Governor
at ALL And that when they saw the
world Council" they should have con-
| strued that to mean, not the council
| Of the constitution. but the seven in
| dividuals who composed the council
i at the time of the vote, acting individ-
| ually and not as a composite body. II
| seems to me that this reasoning is un-
| sound and imposes an unreasonable
burden upon the people. But I wish
to call particular attention to the
| phrase governor and council for II
| is the elimination of the governor
| from his official capacity and the dis
J solution of the council from their
constitutional composition that tests
| the logic and the reasoning Of the
| opinion.
! But the council, under the constitu.
| ton, can never act as individuals
| There is not a case on record in which
the council ever acted except as a
| composite body and by a majority vote
| There can be no action by the council
except by majority vote. One member
can do nothing individually. Nor car
| they, under the constitution, vote with
| the governor to accomplish anything
| Only four out of six or seven present
| or three out of four or five present can
| accomplish any action by the council
! It is therefore evident that. as before
| stated, the opinion absolutely elimi-
| mates the governor in his constitutions
| al capacity, and the council in its con-
| stitutional capacity, as heretofore de-
| fined. from the amendment, and gives
the words governor" and governor
and council an absolutely new and
| different meaning.
As proof Of the universal meaning
| given to the word governor and coun-
cir' wherever the governor and coun-
| ell have been required to act together
| for the purpose of accomplishing ex-
| ecutive action, now desire to cite the
| employment of these words as express
| ed in the constitution itself and in the
| rules of the council. I do this to show
| that the words are used, under the
| language of the statute regarding the
| construction of words, both In their
| common meaning and their technical
! meaning. No IA under rules of the
council provides as follows: "A Pc
tition for pardon should be addressed
, to the governor and council and should
! be accompanied, etc. The sec
rotary of state will issue notice stat
| ing the time fixed for the hearing by
| the governor and council, etc.
In also find in 10 Maine, page $50. in
Questions propounded to the Court,
Question /. Have the governor and
council a right under the constitu-
ton, etc." showing the common use
of this phrase.
Now in the case Of pardon 1t Is too
well known to require discussion, that
| the governor and council act distinctly
and separately: that although the
council may unanimously recommend
a pardon, the governor may refuse to
grant it and often does refuse to
grant one under such circumstances.
This rule is neither statutory nor con-
stitutional, but shows the common
| meaning of the phrase governor and
council" as it has been used from time
immemorial And it is used second
time in the same paragraph in fixing
a hearing "by the governor and coun-
GILL"
Now I desire to call attention to she
technical use of the phrase governor
and council" as found in the constltu-
ton itself. In Article Nv, Part 2, Sec
ton 4, it is said 1.-The governor ana