The Republican journal., 1875-06-10
The New HAMPSHIRE Legislature assem-.

lied at Concord, Wednesday, amid great
excitement. In the Senate, the twelve
Senators holding certificates of election
from Gov. Weston, were qualified A for
NAL protest against the seating of Senators
Priest and Proctor, was presented by the
Republican Senators; it was ordered on
file A ballot was then taken for Presi-
dent, which resulted in the election OF
John W. Sanborn, of Wakefield, who re-
ceived the seven Democratic votes the
Republicans not voting. The five Repub-
lican Senators then withdrew from the
Senate in a body, after which the Demo-
cratic members, being a quorum, complet-
| ed the organization. The seeding Repub-
lican Senators met in another room and
organized temporarily by electing G. L.
Stowell President, and Tyler Westgate
Clerk, after which they adjourned. There
was little excitement in the House which
organized by the election Of Chas p. San
born, Rep, as Speaker. The seeding Re-
| publican Senators sent in a message stat
ing they had taken the oath, but refused to
act SO long as Priest and Proctor were al
| lowed seats in the body. A resolution was
then passed directing the Speaker to obtain
the opinion OF the Supreme Court on the
constitutionality of the action of the Gov
ernor and Council in the matter OF Senators
Priest and Proctor. The court has ap-
pointed time and place for the hearing
But a new difficulty arises, which is set
forth in the following despatch
| MANCHESTER, n. H., JUNE6. Section &C of
the State Constitution provides that, Whereas,
| the elections appointed to be made by this Con-
| sttution on the first Wednesday i'll June annll-
| ally, by the two Houses of the Legislature, may
| not be completed on that day, they may be adj
ourned from day to day They are completed"
The order of elections are: First, to fill vacan-
cies, if any, in the Senate second, to elect the
| Governor. when there is no choice by the peo-
| pie; and third, TO fill vacancies in the Council.
AS there was no proposition to elect Il Governor
| on the first Wednesday, and the Legslature.ad-
| journed from Friday to Monday, and not from
| day to day as required in the Constitution there
| are those who contend that the election of Il
| Governor by the Legislature cannot now be
gone into without a violation of the fundamental
| law, and that the President of the Senate must
| fill the Office Of Governor rs provided in the
| Constitution until the next annual election. 1t
| is Il question of some interest whether New
| Hampshire has any Governor ut all, it is
| claimed GOV. Westons term expires in one year
| from the day of his inauguration, and as section
| - of the constitution provides that 'When the
| President of the Senate shall exercise the Office
| Of Governor he shall not hold his office in the
| Senate" 1t also provides that mot less than
| seven members of the Senate shall make a
quorum for doing business" and the Democratic
| Senate, of which John w. Sanborn is President,
| has just that number, the Republicans having
| only five members in their body. New Hamp-
shire is said to have the most radical State rights
Constitution of any State in the Union.
On Tuesday the Court rendered its decis-
ion. 1t declined to express an opinion
upon the past and completed act of the
executive department in regard to the
senatorial votes, as it would be only criti-
cism upon a coordinate branch, in an act
that cannot be recalled But it held that
the two Democratic Senators, Priest and
Proctor. legally hold their seats, by the act
of the senate, and cannot be disturbed