New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-09
THE EW-H4NPSHIRE CONTEST.

THE SUPERIOR COURT DECLINES To PASS AN OPINION.
But ASSUMES THAT THE ACTION OF THE SENATE
WAS FiN.I-IHE REPUBIICANS CLAIM THAT TIE
MAIN POINT AT ISSUE Is NOT TOUCEED-CON-
FLICr OVER THE QUESTION OF ELECrING
GOVERNOR.
CONCORD. n. H.. June 8.-UpOn the as
semhlnc Of the state Senate this morning the President
announced that the opinion of the Supreme Court touch
ing tho matter them by resolution to the
eligibility OF Messrs Priest and Proctor to hold seats in
the Senate had been received The opinion WAS read and
ordered TO be entered upon the minutes The Court de-
cncs pass opinion upon the action OF the Governor
and Council the matter completed act performed
an discharge OF the duty required OF the TX
ecutive Department by the Constitution and fundaen
tai law holding that such opinion could have greater
weight than the criticism OF branch OF the Govern
meDt upon the action of u coordinate branch Passing
any further sderaOn OF the Executive action In the
matter the Court assumed that Messrs Priest and Proc
Tor received proper credentials and summons to as
sembe with the other ten Senators and take the pre-
scribed oaths OF Office, thereby becoming sena-
tors subject to the constitutional authority Of the
Senate "A final judges Of the qualifications and elections
members 1t appearing that the Senate had passed
upon their qualifications and pronounced them duly
elected and qualified their action became final and there
could he no appeal Otherwise there would have been
some provision the fundamental law OF the state for
some other court tribunal ny qtO tcdrrao mandamus
or other process the action Of the Senate The
Court therefore of the opinion that when the senate
adudred Mcssrs Priest and Proctor duly elected Sena
tors their action final aud conclusive as to their
right The opinion based on the assumption that at
the time OF the action Of the Senate constitutional
quorum was present. The opinion is signed by Chief
Justice Gushing and Associate Justices Laid and smith
In reply to resolution OF the House which requested
the decision Of The Superior Court rs to the constitutional
authority tho Governor to issue summonses to appear
"a Senators 70 Nc,srs Priest and Proctor the Justices
sent coumuu cation this afternoon declining 70 give
decision on that point the ground that IT would be an
with another and without constitutional precedent
Geo H. -tOwc. President OF the seeding kepuDncdn
Senate received this morning copy or tne OPINION OF
the supreme Court the Senatorial question: acccnlpa
MED by letter Chci-Ju Cushing Staulg thlt
tine Court cnIii recognize any body claiming 10 De
senate than that organized by the selection or the
Hon ST., -anborn a. President the opinion OF The 81
preme Court has generally but quietly discussed
The R,tlbeans are not wholly satisfied Claiming that
II does touch the main points az ISSUE the aeScu
assnfon of duties by the Executive not prescribed ny
rr,cel.i or tho Fundamental law. They held caucus
on IN, subject this The policy they have adopted
has not TRANSFERRED The Democrats claim tlat lcre can
be no legal election for Governor now, ~ the ttic
prescribed by constitutional limitation has passed INC
kepucan Senators returned 10 tlsr -eais s
afternoon and The Senate cOncurred Win the House III
nof,inc that both branches were organ
izrd Aud ready Tor The House passed rc>ld
tion living for the election OF Governor o
tbe senate refused pass similar resolution ana du
on the table This strengthens the belief that question
a. 10 the possibility OF legally cieetng an Executive VIII
h.r .sza