Bradford opinion. [volume] (Bradford, Vt.) 1874-1881, 1875-06-12
THE SENATORIAL QUESTION. =

The SENATORIAL QUESTION. -
The long talked about and anxious
~ looked for hearing upon the Sen.
atorial question before the Superior
Court took place ut the Court room
at the City Hall building in Con
cord, Monday afternoon. In the
light of u constitutional matter it
was one of the most important
events that has occurred in the
State for many years. On the
bench was Chief Justice Il. L..
Cushing Of Char!cstown, with AS,
sociate Justices VIM. ). Ladd of
Lancaster and Isaac w. Smith of
Manchester, it being the full Court.
In the bar were the counsel for
the two parties. together with many
eminent lawyers and distinguished
public men. The seats for spec
tators were all early filled with citi-
zens and members of the Legisla-
ture, while a large number of per.
sons crowded into the halland. stood
during the whole hearing. The en-.
tire gathering, as regards intel!i-
gencc, ability and craftsmanship,
was very remarkable.
The hearing was only two hours.
the time being evenly divided be.
tween the two parties.
The Judges after considering the
matter over night, sent II communi.
cation to the House Tuesday morn.
Ing refusing to answer the question
of the House. whether or not GOV.
weslon's actions was unconStitn'
tional; but giving the Democratic
Senate. composed OF five members
elected, and two men claimed to be
Illegally there, an opinion that the
two IRE legally there,and cannot be
ouSted, except by the vote of the Sen
ate, and the Senate having declar
ed them elected, that no power can
revise or reverse that decision. In
other words, the Court refuses to
give an opinion ConStitutiOnally cal
led for by the House, as to whether
an outrage was committed 10y Gov
crnOr Weston; but does give an
opinion unconstitu,ionally called for
10y the Senate whose legal existence
is disputed, that even if sub out
rage has been committed, it cannot
be helped; the usurpation perpetu-
ates itself.
When the result of the dplibera
ton of the Judges was made known
in the Senate Chamber the Repnbli-
can Senators who had been sitting
as an independent body passed the
following preamble and resolution {:
WHEREAS the Superior Court has declined
to inform the Houae of Representatives
whether or not the Governor and Council had
the constitutional authority to issue their sum-
mons to Messrs. Priest and Proctor to appear
and take their seats a. Senators from Districts
Nos. and A, but had informed the Senate Of
which John w. Sanhorn is President, that
those two gentlemen, whether legally elected
and cOnstitutiunally summoned or not were
entitled to become and remain members of
the Senate, and that there is no lenedy for
the action of the Governor and Council, even
although unconstitutional, except by the vote
of the very Senate of which those two gentle
men are thus held to be members and to which
they are necessary to constitute quorum;
Therefore, Resoired that in accordance with
our expressed intentions in the beginning of
this controversy, we submit to this decision of
the Superior, Court, and in the interests Of
peace and order now dissolve this orgauza
ton. and join the Senate of which John w.
Sanborn is President
In joint convention of the Sen
ate and House on Wednesday.
Pearson G. Cheney was elected
Governor by majority of seven.
The Legislature has done nothing
of importance as yet. Many bills
have been introduced and referred.
There seems to be determination
on the part of men of both parties
to do up the business promptly,
adjourn and 20 home.