Eastern times. [volume] (Bath, Me.) 1846-1857, 1854-02-02
OPINION OF THE SUPREME COURT.

The undersigned, Justices of the Supreme
Judicial Court present the following observa-
tions and answers to communicate their opin-
ions and some Of the reasons therefor, in ODE
diencO to an order of the House of Representa-
tlves, passed on January Is, 1854:
The constitution provides that "the legisla-
tive power shall be vested in two distinct
branches, House of Representatives and a
Senate, each 10 have negative on the other"
In several sections the words leach house
are used to designate the respective branches
In others the word "Senate" is used to desig-
nate the branch so denominated. No term is
found TO be used in the constitution, other
than Senate. or House, or House of Represen-
tatlVes, 10 describe or designate those branches
when less than quorum of members is pres
cnt. When so composed, the Senate is desis
mated by the word blouse" in article four,
part third, and sections three, four. five and
six; and is authorized to exercise certain of
the pSwers conferred upon the Senate by those
sections. BY the third section it may, when
so composed, adjourn from day to day, compel
the attendance Of absent members, provide the
maRner IN which their attendaRcesshall be pro-
cured, and prescribe the penalties under which
they shall be required to attend. ...
BY the foxrth section it may, when 80 COM
posed, punish its members for disorderly be-
havior. If such were not the true CONSTITUTE
tiOn, it could not protect ITSELF OF be in con-
dltlon to perform duties required of it when so
composed
BY the fifth section it is required, when so
composed, as well as at other times, to keen a
journal of its proceedings.
BY the sixth section, it may, when so com
posed, punish person not member for OBJ
structing its proceedings, or assaultng or abus-
ing any of its members for anything said or
done in the Senate. This construction is also
e.. -. Il
70 perform duties enjoned upon it when SO
composed. Other powers named in those sec
tions it may not be authorized to exercise when
composed. vrs
The Governor and Council are required to
tissue a summons to ssch persons as shall APP
pear to be elected by majority of the votes in
each district, TO atten1 that day (the day ap-
pointed by the constitutional and take their
seats" They must take their seats as Sena-
tors, and can act only in their oificia, capacity,
ana IN that capacity they must act as a branch
of the Legislature for certain purposes. 1t is
only as representing that branch that they can
be authorized to organize in any manner as a
Senate, or TO notify the other branches Of the
government of their organization or presence in
the chamber appointed for them, or can receive
from the Governor and Council the copies Of
the "lists, ''or can adjourn or keep Journal.
These are acts essentially necessary to be per
formed, whether a majority of the Senators be
or be not elected and present. Unless this be the
true construction, this branch Of the Legisla-
turo may, under certain circumstances, fail to
be organized according TO its provisions
The words Senate" and blouse" appear to
be used in the constitution to designate that
branch, whether composed Of greater or less
number of Senators, when it is in condition
to keep journal or record of its proceedings,
or to perform acts required of it or authorized
by the provisions of the constitution.
In the year 1880, when quorum of both
branches of the Legislature were present the
Justices ofthis Court gave their opinions that
no other body than the Senate could, under
the constitution, designate the constitutional
candidates to supply deficiencies of Senators,
occasloneo oy omissions to elect by the quail
ned voters When less than quorum of Sem
ators Il present, no express provision is found
in the constitution to authorize sucb , dos;n
nation. 1t IS not perceived how anv snch NV,
or cRn be implied without depriying tho Snn-
ate Of the power Of being Judge of the election
and qualification of its own members
af, BY the fifth section Of article four and mar,
second, it is provided, "The Senate shah ON
said frs, Wednesday Of January annually de-
termine who are elected BY majority of votes
y, TO be Senators in each district"
IF the word Senate or blouse be used in
this section and in all other parts Of the consti-
tuition, as it appears 10 be, to designate that
branch, whether composed Of q quorum OF q
less number, the power to perform that duty is
expressly conferred upon a Senate SO composed
unless its power to do it is restricted by some
( other constitutional provision. No such pro-
! vision is found, unless it be in the phrase "and
majority shall constitute a quorum to do
business That phrase or provision should
not receive such construction, without the
most urgent necessity for it. as would under
any conceivable circumstances prevent the or
ganization of the Legislature according to the
provisions of the constitution, and leave the
State without a constitutional government, to
be governed by one existing, and organized on
ly as necessity; Or such construction as
would preyent the performance by the Senate