Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1875-07-03

The following Resolutions OF
Censure' have passed the New
Hampshire House of Representa-
tives by a strict party vote. A
lengthy discussion occurred before
their passage:
Whereas there is no principal more funda-
mental, more thoroughly interviewer with
the whole fabric OF our republican institutions
and forms of government, and probably none
more familiar to the great mass of intelligent
citizens of the State than that the three
branches Of the government-the Legislative,
executive and judicial-are coordinate and
independent; neither can interfere with the
duties or functions of either Of the others,
without striking n blow to the foundation OH
which rests all security. as well Tor private
rights as the public welfare from the opinion
Of the Superior Court, addressed to the House
of Representatives. June 8, 1879; and
Whereas, it is well known to this House, as
to the people of this State, that on the 18th
of NJ ", 1875. the Governor aud Council in ex-
aiming the returned copies of the votes for
Senator'S rejected, in the returns, the 377l
votes cast for Nathaniel Head. in the second
district, and the 40 votes cast for Arthur
Deerin. In the fourth district whereby they
made 1t appear that James Priest had a M.
joritv of votes in the second district. and
that John Proctor had MAORI v Of votes III
the fourth district, and a summons to Priest
and Proctor to appear to take their seats was
issued by the executive; and,
Whereas. by the constitution of New Hamp.
shire. it is made the duty of the members of
the House OF Representatives and such Sena-
tors us should be declared to be elected to
supply any deficiency in case there shall not
appear to be a majority of votes for any dis
trict ana
Whereas, it does not appear that any sena-
tors were elected by majority of the votes
IN the second aud fourth senatorial districts,
at the election held on the 9th of March last
therefore.
ResOlced. That tho action of the Governor
and Council in declaring that James Priest
appeared to have majority of votes in the
second district was cOatrlry to the fact !; was
an overt encrOachment of the executive de-
partinent upon the leg slative branch of the
government; was the subvers. ON and de true
ton "t the separate and independent working
and exist nee OF the three essential powers OF
free government and was a defeat and
subvcrsion OF the election rights guaranteed
by the constitution to the qualified voters of
this State.
AcsoIped That the action of Gov. Weston
and his Council, in throwing out the returns
of votes given for Natt iiead and Arthur
Dee ing was unconstitutional. without pre-
cedent in the history. Of the State. aud con
islation and Judicial authority in this country.
Resolved, That said action of the executive
department constitutes a miscellaneous and
dangerous precedent, which will oe fatal to
the rights OF the eleStOrs aud Of coordinate
branch Of the government unless it shall 10
condemned by the people ut the ballot-box.
Resoired, That the action of the Senate Oh
the first day Of June, in perpetuating the
arbitrary and unconstitutional action Of the
Governor and Council in rejecting the votes
given for Matt Head and Arthur Deering,
thereupon declaring elections where VACANCIES
existed. was an unconditional assumption of
power IN part expressly conferred by the
constitution upon the members Of the House
of Representatives.
RESOLVED, That said action of the Senate
having been regarded as final, but not justifi-
gu on tue Superior Court, the House of Rep
resentatives hereby enter their solemn protest
precedent which it establishes. and confident.
ly appeal to the people to reverse it Mt the
ball0t box next March.