Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-12-30
Daily iiennebet Journal.
Augusta, Monday MOrn'g, Dec. 80, 1878.
A Few Queries.

The constitution OF tnt Nlatt pitNiu 1iat
in case of no election of Governor, the
House from the four highest candidates vot-
ed for. shall select two names to he sent to
the Senate from which the latter body shall
elect a Governor.
The Senate for 1879 is composed of 20 Re
puhlicans and II Greenhackers and Demo
Gratis. Now suppose the House send up the
names of Garcclon and Smith, and the 20
Republican Senators throw blank votes. how
i a Governor 10 be elected ; 1t requires
a quorum vote Of Senators TO make an elec-
tion.
In case an election of Governor is thu de-
lavcd who i, ~ act Governor, but the
President of the Senate:
l. there any power to compel the Republic
can Senators to vote for either of the con-
stitutional candidates. instead of casting
blank ballots:
Ii the new President of the Senate assumes
the gubernatorial chair. can the Legislature
proceed to other business before clecting a
Governor?
There is a precedent for requiring a quo
rum vote in the action of the Legislature.
some forty years ago. in the case of an cleo
ton of Senator for Washington county, when
the Democrats. rather than vote for boiling
Democrat. threw blank votes. The Presi-
dent of the Senate decided that there was no
election because quorum had not voted ;
and this decision was sustained.
In regard to the assumption of the guber-
material chair by the President of the Senate,
there is precedent in the Legislature in
ls4l. As soon as the report of the commit
tee to count the votes cast for Governor at
the September election in 1870 had been ac-
cepted in both branches. and no election by
the people declared. Mr.. Nose, of kennebec
county, who was President of the Senate left
the Senatorial chair and entered the Council
Chamber and assumed the functions of Gov
ernor. ousting Governor Fairfield, and held
the office until Governor Kent was elected by
the Senate and duly inaugurated.
viii our friends of the kennebec journal
hunt up these precedents from their tilesY-
Rockiaad Gazette 2Gth INST
/. If the House send up the names OF
Garcelon and Smith, and the ~ republi-
can senators throw blank votes, no Gov
error can be elected. But there is
not the least ground for believing that the
20 republican senators will in any way at
tempt to impede the constitutional cleo
ton of Governor.
,. The President of the Senate must
necessarily, by the constitution, be the Act
ing Governor, if one is necessary, until the
new Governor is chosen.
3. There is no power to compel the re-
publican senators to vote for either of the
constitutional candidates instead of cast
ing blank ballots, but it seems that their
duty to vote under the constitution is plain.
and we have no doubt that they will hon
estly fulfill that duty, without regard to
whatever personal or political feelings
they may have towards the candidates.
4. After the President of the Senate
has assumed the gubernatorial chair, the
Legislature may undoubtedly proceed to
other business before new Governor is
elected. The constitution permits the adj
journment of the election of Governor
from day to day until completed, and this
permitted adjournment of that question is
accompanied by no declaration or implica-
ton in the language of the Constitution
that the legislature must suspend all other
business until the election of Governor is
settled The inference therefore is that
the Legislature may, if necessary, consti-
tutionally proceed to other business under
the Acting Governor before the Governor
is elected.
5. The Gazette is mainly right in re-
gard to the precedent Of 1871. To say
however, that the President of the Senate
ousted Gov. Fairfield is hardly the correct
phraseology. The Governor Office had
become vacant on account of there having
been no election by the people, and the
eancy was filled by an election de-
volved upon the President of the Senate
Gov. Fairfield was notified of these facts
by message from the Senate, after which
Mr.. Vose entered the Council Chamber
and took the Governors chair, which had
become vacant.
Having said this much. we are happy to
inform the Gazette farther, that we believe
the republican senators elect will shrk nc
duty in the election of the next Governor
imposed upon them by the constitution
assume no power not clearly belonging to
them, and that their course. whatever the
result of the balloting for Governor may
be, will be such As to merit the approval
of honest and law-abiding citizens Of all
parties, the nsinuations and assertions of
the opposition organs to the contrary
Notwithstanding