Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-06-09
NEW HAMPSHIRE.
The SHpr6Re Court Refuses to Interfere
for the Radical Seceders, and
Conflict Is Avoided.
BecldOa Of the COurt-Eh0 Legislature
Now Ready for Dusiness-A
Governor to be Elected
To-Day

CONCORD, \. H, June S.-UpOu the
Assem- bling Of the senate to-day the
opinion OF the supreme court, touching
upon the eligibility of Priest and Proc
tor to seats III the senate, was submitted
ana placed on the minutes. The court
declines TO pass an opinion upon the
action OF the government and council in
tue matter, as g completed act as per-
formed III the discharge Oi the express
duty required OF the executive depart
meut by the constitution and fundanen-
tai Law, holding that such opinion could
have no greater weight than criticism
from the branch Of the government upon
the action OF the coordinate branch.
The court was therefore OF the opinion
that when the senate adjudged Priest
and Proctor duly elected senators, their
action was final and conclusive. As to
their right Of opinion, it was based on
the assumption that at the time Of the
action OF the senate q constitutional
quorum was present. The opinion is
signed by Chief-J ustice Cushing, and
AesOciste-JustiCesL Ladd and Smith.
George II. StOwell, president of the
seeding Republican senate, recsiVed
this morning copy of the opinion Of
the supreme court on the senatorial
question, accompanied by letter from
Chief Justice Gushing, stating that the
court could not recognize any body
claiming to be the senate other than
that organized by the selection of Hon.
Mr. SsGbOTn as president. The Repub-
ucaus are not wholly satisfied, claiming
that the opinion does not touch the main
point al issue, the alleged assUm ptiOn Of
duties by the executive not prescribed
by the president as fundamental iaW.
They held caucus on the subject this
noon, but the policy they have adopted
has not yet tTanspired. 1t is thought
that the seeding senators viii return
this afternoon, and that the business Of
elecClng q governor in joint convention
will be proceeded with. Denis claims
that there can be no legal election now,
as the time prescribed by the cODstiUU-
tiOnaI limit has passed. 1t is not known
whether any serious conflict over this
p0int will be made.
In reply to 8 resolution of the house,
requesting decision Of the justices Of
the supreme court as to the cOnstitu-
tiODal authority Of the governor to issue
g. summons to senators to appear,
Messrs, Priest and Proctor, justices sent
q communication to the house Of repre-
sentatiVes this afternoon, declining to
give a decision on that point, on the
ground that it would be an Illegal inter
ference by one branch Of the govern
menU with another, and without a con-
stitutiOnal precedent. The opinion sub
mitted this morning by the supreme
court in answer 70 questions raised by
the senate having decided that body to
be the final judge OF the eligibility of its
members, the controversy which has
prevented the organization OF the Iegis-
lature is considered satisfactorily ended
The seeding Republican senators re-
turned to their seats this afternoon and
the senate cOnCurred with the house in
notifying the governor that both
branches were organized and ready for
business. Tha house mas passed a resO-
luton fixing tomorrow for the election
OF a governor, but the senate refused to
pass 3 similar resolution and laid it en-
the table. This strengthens the belief
that the question as TO the possibility OF
legally electing an executive will be
raised,