Eastern times. [volume] (Bath, Me.) 1846-1857, 1854-01-26
to be the only one who enjoyed that appella-
ton. 1t is hoped that democratic Congress
will give no countenance to this scheme.
The Legislature.


The Legislature has very promptly met and
adjourned every day except Sunday for weeA
past On Wednesday the Undergraduates ad-
dressed to The Judges were prepared and for
warded. The questions were fixed up to suit
the party coalition that rules the House, but
the real issue will be likely to be perceived
through the fog of words.
The Judges of the Supreme Court happened
to be scattered up and down the State rather
extensvely-three in Portland, one in Belfast,
two in Bangor, and one at some other point.
The Chief Justice sent his summonses for
them to appear in Portland, Monday. It is
said Appleton and Hathaway had their an
swers agreed upon, made up, and ready to be
delivered to the Messenger Of the House, who
was in Bangor. When the summons Of the
Chief Justice appeared, they concluded to hold
on or defer their opinion till after consultation.
1.-THE House had only pursued the course
given out in advance, namely, taken the re-
sponsibility Of filling the vacancies in the Sen
ate, just as though no Senate existed, which
Mr.. Fessenden declared TO be fact, there
would have been no need of operating all the
judicial machinery But for some reason or
other, said TO be The excessive modesty Of
whig politicians, they could not make up their
minds to do it, Wethink the failure was more
lack of courage than an excess of modesty.
The result is, the House has added an extra
weeks delay. If the opinion Of the Judges
comes early this week, the question us there
Governor in Maine /" may perhaps be an
swered in the affirmative by Saturday night.
In relation to the point at issue, whether
there is Senate, the Boston Post adds the
following, in reply TO the Atlas, to previous
remarks. We extract from that paper of
Monday last: -
! In our article of The 18th we contended that
the position taken by the Maine house ",Could
ercnt1tdlly d,1Ue IL 10 The erpedient of calling
for the senatorial returns, examining them, and
judging them" What was this position! II
had received message from the senate com
municating the fact of vacancies. Bot the
house commended that there was no senate that
could send such message. We took the words
to indicate lis position. These were as fol-
lows; "AIl which these gentemen-thirteen
senalors-can do is TO meet us in convention at
such time as we may appoint" when we
want you 10 meet in convention we will notify
you Of The time and place Of holding the con-
ventiOn TO fill the vacancies"
The house have deliberately requested the
secretary Of the state 10 spread before it the
returns Of the elections of senator's. They
thus automatically obtained the facts Of the
elections; they have determined on those re-
turns, and thus obtained the fact of there being
vacancies. We say that for the house to Judge
of the returns of The elections of the members
of the senate is All invasion of the rights and
privileges Of that body, and plain, palpable
assumption Of power.
The Boston Atlas, after once c0nceding our
pOint-he only one we have discussed
changes front, aud now boldly justifes this as
sumption Of power! We charge this journal,
in such proceeding, with doing de,riment to
the cause of constitutional law. All parties
all men-are interested in preserving strict
regard 10 those fundamental rules which the
people have laid down for the action Of their
agents. We repeat the senate may have
been wrong in following the course indicated
by Mr.. Lowell, a l0Mg: this point we have not
discussed; but however this may be, il forms
no justification for the partzsn course Of the
house. And the Atlas, in 81 zealously justi-
flying such action, is descending to do the
work of party it is manHesting willingness
10 sacrifice great fundamental principles to
subser"e temporary parlizan ends.
We know no case SO palpably in point as the
case of Massachusetts in 1916. Our senate
then had no quorum. Our constitution is SIM
liar in its requirements TO the Maine constitu-
ton. But our house then took no such ground
as the Maine house now takes. The Maine
Senate, however, SO far as legality goes, have
taken precisely the view Of their rights which
the Massachusetts senate took Of theirs 10 1916.
Now is II the opinion of the Atlas, that The ac-
ton of the Massachusetts senate Of 1916 was
illegal and un' onstilutionaIl We should like
plain answer TO This question.