New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-04
voted against Jules Simon. Not moro than four or
fve of them are known outside Of their eminently
respectable family circle. With.
THE NEW-HAMPSHIRE CONTEST
LEGAL QUESTIONS PRESENTED TO THE
SUPERIOR COURT.

LEGAL QUESTIONS PRESENTED TO THE
SUPERIOR COURT.
THE REPUBLICAN SENATOR'S AND THE DEMOCRATIC
SENATORS REQUEST THE OPINION OF TIRE COURT
ON THE QUESTIONS AT IssCE-THE HOUSE RES
oLUTIoN on THE SAME SUBJECT TO BE RECON-
sIDERED To-DAY-DEMoCRATIC FIILBUsrERING
AN ELECTION OF GOVERNOR TO BK DEFERRED
UNTIL THE COURT GIVES AN OPINION.
BY TELEGRAPH TO THE TRIBUSE.l
CONCORD, N. H., June 3.-The Republican
majority in the New Hampshire State House Of Repre-
sentatves has gained another victory and taken another
important step toward the point at which they have
aimed from beginning Of the with the Demo
cratsthat of placing before the Superior Court for de-
cisOn the question whether or not the Governor and
Council have the right pass upon the legal requirements
Of the various candidates voted for by the people when
there is apparently choice at an election The House
met at 10 o'clock this morning The galleries and Hobbies
filed, and the crowd even encroached upon the
floor OF The legislative chamber As the regular
order of business announced, Mt Moore Of Nashua
moved the previous question the resolution
presented yesterday by Mr. Barton, directing the
Speaker of the House 20 obtain the opinion
OF the Superior Court possible upon the ques
ton whether the and Council had the consu
tOnal authority Issue 10 any OF the Senatorial can
didates in the lid and WITH Districts a to ap
pear Senator last Wednesday. This the signal
for Administering the part of the Democrats. MI
Hatcn or portsmouth SAID the matter nad not
discussed and the Republicans attempted 10 apply the
gag" il might end In the withdrawal OF the Democrats
from the Chamber. Nearly five hours were consumed In
speech-makng and in voting motions TO adjourn, the
roll Of the House being called each motion. The
main question finally reached and carried by vote
Of $50 Yeas TO 1873 Nays Mr.. Mcllows Of Newmarket,
a Democrat voted in the affirmative, and gave notice
that tomorrow he would move for a reconsideration Of
the vote.
The Republican Senators who withdrew yesterday and
effected a temporary organization have united in sending
the Judges of the Superior Court document setting
forth the fact Of the meeting Of the Senate and the pres
of persous who they declare, not legally
elected claiming be Senators also the fact that after
the five members whose appended to the re-
quest had withdrawn from the Chamber, the five remain
ing Senators and the two not elected organized in The
form of Senate and elected officers In view of these
facts the Republican Senators ssk for an opinion on the
following questions Of law:
First Can five Senators actually elected and two hav-
ing right there constitute legal and constitutional
Senate OF the State OF NewHampshire or perform any
legislative or legal actsi
Second . Can a senate composed Of five other actually
elected Senators organized in in resistance Of
an attempted Senate composed Of five Senators and two
usupers perform any act other than that OF meeting the
House OF Representatives. 10 proceed with the electOns
in accordance with the constitutional
Third There being two vacancies in the senate can
the House OF Representatives and five elected Senator's
with the other five, If they choose to
attend without them, IT, being notified to- they ia 70
dates prescribed by the Constitution And upon the
mission OF tho Senators thus elected the
making elected Senators, win the Senate a. thus
constituted be legal and constitutional body capable Of
legislation and entitled 10 recognition from every branch
of the State Government
A copy of this document mailed TO ChlefJustice
Cushing al Charestown. The Democratic Senators also
met and agreed on the form of communication which
was likewise forwarded the Judges of the Superior
Court rectcs the facts of the election in the lid and
WITH Senatorial Districts gives the votes for the various
candidates returned the Secretary of state recites
the action of the Governor and Council in rejecting the
votes for certain candidates in those districts and gives
the facts Of the meeting of the Senate and the swearing
in Of the Senators dncudDg Messrs Priest and PROCTOR
nv the Governor also forth that the Senate Com
mttee duly appointed according TO CUSTOM and 10
that Committee referred the same returns upon
which the Governor and Council had previously passed
that the Committee had reported in favor OF declaring
Messrs. Priest and Proctor duly elected that this
decision was based the ground taken
by the Governor and Council, and that such
facts the President of the requested 10 ask
the opinion Of the Judges Of the Superior Court as 10
whether Messrs Priest and Proctor are rghtfuly hold
ing their seats Senators. The legal aspects OF the case
may fairly considered now before the
Court decision not looked for before several days
do. 1900 -,
The Republicans held tonight 10 discuss their
future action and the Democrats VIII also hold caucus
tomorrow morning. 1t Is expected that DOth Houses
will adjourn tomorrow until Monday. Then, II Is prob
able they will meet, transact some uniinporlnt bus
the Court is The choice of Governor by the
Legislature will also probably be deferred until le oin-
ion Court has been obtained. GOV weston hOidng
over by suffeTance until his successor is chosen