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

read 10 The House b. The Speaker, :.
To facilitate The understanding Of the
same by the reader we precedc The inser-
iion of The opiuiog ~ the statement, Of facts
and Questions, as hey were included in The
order Of the llous'
sTArEMEST OF FACTS.
ORDERED, Tha ss.e following statement Of
facts be submitted 10 the Justices of The
Supreme Judicial Court, and they be re-
quircd 10 give their opinions on The cues,
lions appended thereto, viz:
On The first Wednesday of January inst,
the members elect Of the House OF Repre-.
srnrarivcs assembled in the Representatives
Hall, and, quorum being present, the
members were qualified, and the House
was duly organized by the choice of Il
Speaker and Clerk, Of which organization
the Governor and Council and Senate were,
10y order, to be informed by message, accor-
ding TO the usual custom.
From an examination by the Governor
and Council of the Isis of votes returned
to the Office of the Secretary OF State, but
thirteen Senators appeared to DC elected,
leaving vacancies III Inc 2d, 81, 4th, 9th,
9th. l;h, aud 9Th disricts-all which APP
pcarcj 10y report accepted by the Gov.
cInor and Council.
The thirteen Senator's thus appearing 10
| be elected. asScmbcdin the Senate cham
Der on the fist Wednesday Of January cur.
rent, and proceeded 10 organize by the
election o a President and Secretary pT1.
icmporc, after being duly qualified, Of which
the House of Representatives was notified
by message.
The Secretary of State then laid upon
| the table of the Scnac the lists OF voies for
Senators, which were referred to commit
ice for examination.
The committee on a subsequent day re-
ported the election Ot the thirteen members
Who had been declared elected and sum
moned to appear by the Governor and
| Council. and further reported that vacan.
cicS existed in the second and 9th Senate
Iial districts, and also the names of the con.
Si,nllonaI candidates TO ill those vacancies
which report was accepted But no report
was then, or has since been made, or vote
passed, without reference to other districts
Alter the acceptance of the above named
report, a message WAS sent TO the House OF
Representatives. informing the House thai,
vacancies existed iu the second and iillh
Senatorial districts, giving The names OF the
constitution! candidates 10 I'LL the same,
and proposing a cCr.1cntion 10 I'll said va
cancics--wiih whlct. proposition tue House
refused TO concur
1t has been The uniform usage in this
State, since the formation Of the govern
mcnt, to determine and declare all vacan-
cirs, existing in tic Senate on the day ap-
pointed for the meeting of The Legislature
IN each year, bclOle the members Of the
House OF Representatives, and such Sena.
/ tors as shall have been elected, proceed TO
elect, 10y joint ballot the number Of Sena.
tors required, and then to appoint con-
vcntion Tor llia, purpose.
la the year 1917 but eleven Senators APP
pcarei 10 bc elected The Senators clec,
met on the day appointed elected Il Prcsi-
dent and Secretary pro iemporr, and the
votes Tor Senators were laid on the table,
and committed. The committee srbsc-
quen,ly reported who were elected, and also
the whole number Of vacancies existing in
tic Senate, and the names OF The consltu.
'ional candidates to ill said vacancies
| This report was accepted, and message
was subsequently, sent 10 the House,
Informing that body tina, vacancies cX-
isted as reported by the committee, and
stating the names OF the cOnsttu,iona! can-
dldaies TO Ii Il the same, aud proposing 4
convention ior the purpose OF filling The
same with which proposition the House con.
cured, and the same were filled accor.
dingly.
In the year 1851, bu, fifteen Senators
appeared 10 be elected, and the same course
was taken.
QUESTIONS.
Isl, Whether, if majority of the whole
numhcr OI Senators required by law are
elected, AMI the Senate duly organized, the
provisions oI section 3, article !, part ID, OF
The constitution require, or contemplate, that
the senate shall determine who are elected
To he Senators in all the Senatorial districts,
before the members of the House OF Rep
Irscniaiiycs, and such Senators as shall have
been elected, proceed 10 elect, by Joint bal.
lot, the number OF Senators required II
/ the constitution does so require, does il nec-
cssari!y result that all existing vacancies
| should hc 0sccIiaincd and declared before
proceeding to such election?
2d. Whether the provisions OF tha, Sec
tiou contemplate, OF authorize, convention,
in the lirsi instance, for the purpose of fill
ing Il pa:t only OF The vacancies cXiStin" in
the Senate on the first Wednesday of Janu-
any!
Sd. Whether Senator, elected by ;';hc
- - ~
and such Senators as shall have been elect.
ed" TO ill vacancy existing Oh the liIs:
Wednesday of January, is entitled TO vote
in a con?rn;ion held for The purpose Of fill
iag other vacancies in the Senate, existing
on said frs, Wednesday Of January?
/ l,h. When less than majority Of The
whole number of Senator'S required by law
appcar. by the lists returned 10 the Office o..
tie Secretary of State, 10 be elected, can
such Senators, less than majority, cUns,i-
,u,c the Senate in thci sense in which
that term is rset in the Constitution i? Can
,rch ScnatoIs, less than majority, excr-
else the MOWERS, or perform all. o. any par,
Of the dn,ies dcvolYcd uron - The Senate "
by sec. :, ar:. 1, part 2d, OF the Constitution.
Ii SO, wha, part Can such Senators, lees
than a majority, decide on the legality Of
election returns as shown by tho lists rc-
turacd 10 the Sccre,ary's Office, receive ev.
idence cl election other than is contained
in such lists, and determine election upon
S1ch evidence! Can they declare ,acan.
cics in Inc Senate, and determine who arc
constitutional candidates. Iiso, upon wha;
evidence?
5lh. When the House Of Representatives
has been duly organized, aud minority on
ly OF the whole number OF Senators requr-
cd by law appear to be elected, can The
member, Of The House and minority oi