Eastern times. [volume] (Bath, Me.) 1846-1857, 1854-02-02
Gasttra .Timts.
BATH, FEBRUARY Q, 1854.
The Legislature.


The opinion of the Judges of the Supreme
Couri on the Questions submitted by the House
Of Representatives, was read in the House or
Friday last. Il proved coHclnslvely 10 al
minds that tce hdrca Saaate; and that Hon
VIM. P. Fessenden, candidate for the U. S
Senate, when he said, ''the House mus
take the initiatory steps," and "when ne wan
the Senate to meet in Convention .ceU motif,
.hem," was riding too fast horse 10 get Il
Washington with. The opinion Of The Judges
fully sustains the rights of the higher branch
ofthe Legislature, and is meri.ed rebuke o
that arrogant, revolutionary spirit which has
manifested itself ia blus,er and threats in the
House for two weeks .r..
Il was voted to print $500 copies Of the
opinion of the Judges with the Questions pre-
hxed--also statement Of facts-and as the
questions and answers have occupied so much
ot the time Of our representatives and the at
tsntion Of the people, We copy them entire.
QUESTIONS.
1st. Whether, if a majority Of the whole
number Of Senators required by law are elect
ed, and the Senate duly organized, the provi-
sions Of section 5, article 4, part 2, Of the con-
stitution require, or contemplate that the Sen
ato shall determine who are elected to be Sena-
tors in all the Sena orial districts, before the
members of the House of Representatives, and
such Senators as shall have been elected. pro-
coed to elect, by joint ballot, the number Of
Senators required IT the constitution does so
require, does it necessarily result that all ex-
istng vacancies should be ascertained and de-
clared before proceeding to such election:
I'd. Whether the provisions Of that section
contemplate or authorize a convention, in the
first instance, for the purpose of filling part
only of the vacancies existing in the Senate on
the first Wednesday in Januarys
ID. Whether a Senator elected by "the
members of the House of Representatives, an
such Senators as shall have been elected" to
fill a vacancy existing on the first Wednesday
of Jsnuary, is entitled to a vote in n convention
held for the purpose of filling other vacancies
In the Senate, existing on the first Wednesday
of January?
4th When less than majority of the
whole number of Senators required by law APP
pear. by the lists returned to the office of the
Secretary OF State, to be elected. can such SEN
ators, less than majority, constitute "the
senate, In the sense in which that term is
used in the constitution? Can such Senators,
less than majority, exercise the powers, or
perform all, or any part Of, the duties devolved
upon "the Senate by sec. 5, art. 4, part ID of
the constitution II so, what parts Can
such Senators, less than majority. decide on
the legality of election returns as shown by
the lists returned to the Secretary's Office, re-
ceive evidence of election other than IS con
tanned in such lists. and determine elections
upon such evidence? If SO, upon what evil
dences
9th. When the House of Representatives
has been duly organized, and minority only
Of the whole number of Senators required by
law appear TO be elected, can the members of
the House and minority of such Senators as
appear to be elected legally form a conven-
ton for filling vacancies in the senate, all of
such Senators being duly notified, but ma
jOrity refusing to act: