The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1854-02-03

i a.
Ordered, Tha'a copy hereof, signed by Tin
Speaker aud at,es,cd by the Clelk OF thi
House, be communicated forthwith, and b.
the most expeditions mode, to each of tn
Justices of The Supreme Judicial Court, an'
all answer 10 The foregoing questions request
ed ut the earliest possible moment.
QriEIoN OF TIE SUPREME CouRT. =
The undersigned, Justices Of the .Su
preme Judicial Court, present The fullowin:
observations and answers 10 communical'
their opinions and some OF the reasons
therefor, in obedience 10 an order OF ih'
House of Representatives, passed on Jan
usry Is, 1854:
The constitution provides tia, The Leg
islaiiyc power shall be vested in two dislinc
branches, a House Of Representatives an'
4 SenTte, eIclrto hare aaogaiivc OH ih'
other"
In several sections the words "eacl
house " are used 10 designate the respective
branches. Iu Others the word "Scnaie +,
is used 10 designate The branch so dcnoml
mated. No term is found 10 be used IL
The constitution, other than Senate, o
House, or House Of Representatives, 10 de
scribe or designate those branches whel
less than quorum OF members Is present
When so composed, the Senate is dcsi9nai
ed by The word House in article four
part third, and sections three, .our, five anC
six and is authorized 10 exercise certain
of the powers conferred upon the Senate by
those sections. By the third section II may
when so composed, adjourn lom day Il
day, compel the attendance OF ab,cn, mem
bers, provide The manner in which their ni'
tendance shall be procured, and prescribe
the penalties under which they shall be rG'
quircd 10 altcud.
By the fourth section it NAV, when sc
composed, punish lis members for disorder
" behavior. ii such were not the true
construction, il could no, protect itself. OF
be in condition 10 perform duties required
OF il when 20 composed.
By the fllh section il is required, when
50 composed, as well as at other times, ic
keep a journal Of lis proceedings.
BY The sixth section i, may, when SC
composed, punish person not member
ior obs,rucling lis proceedings, or assaulllal
or abusing any OF lis members for anything
said or done in the Senate. This conSiruc
ton is almos, necessary for its protection
and 10 enable il to perform duties cnJoinc1
upon il when so composed. O'heT powers
uamel in those sections il may not be au
llori2cd 10 exercise when so composed.
The Governor and Council are required
10 "issuc summons TO such persons n,
shall appear 10 be elected by a majority n
the votes in each district, 10 attend that day
the day appointed by the coll-,iiu,ion) nnc
lake their sca.sn They must take ihci
seats rs Senators, and can act only in ihci
official capacity, aud in that capacity they
mus, act as bIanch Of the Legislature 10
certain purposes. II is only IL rcpresculn.
Ilia, branch that they can be authorized Il
organize in any manner ~ Il Senate, or l,
notify The other branches Of the govern
mcnl Of their organization or presence il
the chamber appointed for them, or can re
ceivc from the Governor and Council III,
copies of the lists" or can adjourn an,
keep Journal. These are ac's essentially
necessary 10 hc performed, whether ma
jorily o! the Scnaiors be- OF be no, clcclc,
and present. Unless this be The true con
strucion, this branch Ol The Lcgi,lalug,
may, under certain circumstances. fail Il
be organized according 10 lis provisions.
The words 4" Scua,cn and "lIousen ap
pear 10 be used in the constitution 10 dcS
ianaic that bIHuch whether composed OF {
.icacr or less number of Senators, when !
is in condition 10 Keeps Journal orrccord 0
ilS proceedings, orto perform acts require,
Of il or authorized hv The provisions of The
constitution.
In the year 1890. when quorum Of boil
branches OF the Legislature wcrc present
the Justices OF this Count gave their opIn
ions tha, no other body than the Senate
could. under the constitution, designate The
constitutional candidates 10 supply def
cicnccs OF Senators occasioncd by OmIs
sions to elect by the qualified voters. When
less than Il quorum OF Senators Is present
no express pro, isiOn is found in The conSil
lulcn 10 authorize such 4 designation. 1t /:
not perceived how any such power can bC
implicd without dcprving the Senate of The
power of being The Judge Ot tho election
and qualification Of lis own members.
By the fifth section Cr Article four and
part second, il is provided, "Thc SCEatC
shall, on said first Wednesday Of January
annually, determine who are elected by Z
majority Of votes 10 be Senators in each dis
irict.n
II the word "Scnalc" or " House" be
used in this section and in all other paIl.
Of The constitution, aG il appears TO be, to
designate that branch, whether composed OF
Il quorum or less number, the power TO
perform that duty is cyprrssly conferred up
on Senate so composed: unless lis power
10 do il is restricted hy some other constilu'
lional provision. No such provision j.
found, unlass it be in the phase, "and 4
majority shall constitute a quorum 10 do
business" That phrase or provision should
not receive such Il construction, without The
most urgent Necessity TO, il, as would under
any conceivable circumstances prevent the
organization OF the Legislature according
10 the provisions of the constitution, and
leave the State without constitutional "ov-
ernmcnl, t. be governed 10y one existing,
aud organized onIy rs q necessity; or such
construction rs would prevent The perform.
aucc by The Senate OF dniics expressly re.
Quircd OF il, and which cannot be performed
by any other body or branch of The govern
mcnl, according 10 The provisions OF the con-
siilulion.
If the only acts 10 be performed by n
Senate composed Of less than a majority OF
Senators, were considered 10 be fully emu
meraled in the latter clause THE third Sec
ton OF a.iiclc foar and pant Third, Senate
80 composed, would b: deprived oi the
power TO project itself, 10 keep journal OF
lis proceedings, and cI the power 10 punish
its own members or others Tor obs,rucIiHg
its proceedings.
Il is not unusual 10 find language used
when . particular subiec, is Under ccnsii-
Grafton, which wog.d be Too comprehensive
10 exhibit the idea intended, il no, limited
by The subject occupying the thoughts. Tho
suhjcc, then under consideration appears 10
have bcen the "lcgislaliyc power.n IL