Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1875-06-12
Decision of the Superior Court on
tho n. II. Senatorial Question.

Decision of the Superior Court on
tho N. H. Senatorial Question.
In response to resolutions Of inquiry
passed by the New Hampshire Senate aud
House, respectively, the former asking
whether MessrS. Priest and Proctor were
entitled 10 retain theirs seats in the, Senate,
and tile latter whether the Governor and
Council were justified In giyiag them GER
tifcates of election, the Superior Court
submitted the following opinions last
Tuesday
TUESDAY MORNING June s, 1875.
Senator's met according to adjournment
ON motion OF Senator W ks, the reading Of the
Journal was dispensed with.
The President then informed the Senate that the
opinion of the Superior Court, as Ia the right Of
Messrs. Priest and Proctor 10 hold their seats IN
this body had been received in reply to Inc senate
resolution requesting such opinion, and proceeded
/ to read the same.
The opinion is as follows:
To THE HONORABLE SENATE OF the STATE OF
NEW HAMPSHIRE. ----"
/ The Justices of the Superior Court have been
! furnished with copy of the Preamble and Reso-
luton passed by the Senate on the 3r instant, by
which Resolution their opinion is required in re-
gard to the bright of james Priest and John Proc
facts stated in the Preamble. ..-..
We nave in reply TO Il Resolution from the
House of Representatives, declined to express
our opinion upon past and completed act OF the
Executive department of the government, per-
formed ia Che discharge of auty eN 'ressly re-
quired of that department by the Constitution,
| upon Che ground that such opinion, If given,
could h, We no gre1 weight or authority than q
criticism OF one branch of the government upon
the conduct of another coordinate branch; and
that such official act, on the part of the Justices
of this Corrt, would not be consistent with the
gave duties imposed upon them by the Constltti-
ton of the Sta G.
and Council, assuming to discharge their duties,
us prescribed in article XXXIII Of the Constitr:
ton of this State, declared that Me7srs Priest an.
, Proc or appeared TO be elected senators, accord
ing to zee provision of that Article, and that the
Governor did thereupoE issue summonses to
them, ard that they in obedience thereto, ap'
peared on tie first Wednesday of June instant
at the Senate Chamber, and with the oGher ten
persons who had b0en summoned by the Cover
nor o appear at the same time and place, were
qualified as Senators by taking the oaths pre-
scroed by the Constitution. BY this action OF the
, Governor and Council, whether il be regarded as
within, or exceeding cheir Constitution al powers
MessTs. Priest and Proctor received the usual
credentials, which authorized them to assemble
with the other senators, and take the prescribed
, oaths of office, and they therefore became Sena
tors, subject to the constitutional authority OF Tho
of the Senate final judges of The qualifc tons
and election of its members
1t further appears that the Senate has proceeds
, has adjudged that Messrs Priest and Proctor
having received majority OF all the votes legally
+ cast and returned in their respective districts
were elected Senators thereof.
BY Article XXXX o. the Constitution the sen
ate are made "llnal judges of the elections, re
: turns and qualifications of their own members, q
pointed out in the Constitution" We are of tn
opinion that, from the action of the Senate in th
respect, thee can be no appeal. BY the express
] terms OF the Constitution the action of the nat
is made fndh If the Trainers of our organic Law
= had intended that some court or other ibuna
should have the power, by writ Of quo tccTrant
= ddnuS, or other proce :, TO reverse the nc
ton of the Senate, they would have so expressed
c themselves in language which could not be mis-
understood. We are therefore of the opinion thu
= when the Senate adjudged that Messrs. Priest ant
Proctor were duly elected Senators, their acio
e was final and conclusive of the right of sal
Priest and Proctors to hold their seats as Sena
Z tors. r-......... ..... ... . ... .
The foregoing opinion is based entirely upo
! the facts stated in the preamble to the resolution
and upon the assumption that when the Senat
: undertook to act as final judges of the gu" lfci
= ton off Messrs. Priest and Proctor, there was
u Constitutional quorum present.
= .r.. f. L. CUSHING, )Justices of I'll
Z w. S. LADD, }SuperiOr Coul
"A" ISAAC W. SMITH, of Judicature
!, June Sth, 1873.
On motion of Senator Martin, the above opinio
was ordered to be entered on the journal Of til
!, Senate. ....