The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-12-22
10 the Editor Of the Press

These usurpers have set aside the results OF one
election, and if they are allowed to keep the
reins of government they acW do ii dgdin.-
With these political thieves in the Capitol,
elections amount to nothing. They are mere
farce SO long as these dishonest demagogues have
the manipulating of the returns.
Now what can be done, that is the question?
I believe these conspirators should be metwith
bold front at the onset, and every lawful
means used to defeat their wicked schemes,
and usurpations.
'sThe Legislative power shall be vested in
two distinct branches, House of Representa-
tives and a Senate. ."-Constitution Art 4, part
1, Sec. 1.
''The Legislature shall convene on the first
Wednesday of January annually. Art 4,
part 3, Sec. l.
Each House shall be the judge of the cleo
ton and qualifications Of its own members" !"
Art. 4, part 3, Sec. g.
''The House of Representatives shall choose
their Speaker, Clerk and other officers. Art
4, part 1, Sec. Z.
''The Senate shall choose their President
Secretary and other officers. Art. 4, part 2,
Sec. s.
In order to carry out the provisions of the
Constitution in relation to the organization OF
the Legislature, our Statutes provide as fol-
lows: The Secretary of State shall on or be-
fore the day preceding the meeting of the Leg
islature, furnish to the Secretary of the preced-
ing Senate, and also to the Clerk Of the preced-
ing House of Representatives certified rolls,
under the seal of the State of the names and
residences of the Senators and Representatives
elect, according to the report of the Governor
and Council and report the vacancies, if any
exist.-Rev. Stat. Chap. 2, Sec. 21.
At the time and place of meeting, the Secre-
tary of the preceding Senate shall call the SEN
ators elect, present, to order and from the GER
tilted roll furnished him, call their names and
il quorum respond. he shall preside until
they are qualified and President is elected
Rev. Statutes, Chap. ., Sec. g.
The Clerk of the preceding House of Repre-
sentatives in like manner shall organize the
House.-Rev. Stat, Chap 2, Sec. %.
"No person shall be allowed to vote or take
part in the organization of either branch OF
the Legislature as member unless his name
appears upon the certified roll of that branch.
Rev. Stat, Chap. 2, Sec %.
These provisions make it quite clear that un-
der the forms of law the persons holding GER
tifcates of election from Gov. Garcelon and his
Council can control the organization OF the
Senate and House of Representatives by elect
Ing presiding officers for each branch, and such
other officers as belong to each house.
After the organization of the House and Sem
ate is completed-under the constitutional is
oh, fr1 1ata oi11a n
''iudge of the election of its own members"
Sec 5, Art, 4, part second of the constitution
peremptorily declares that "The Senate shall
on said first Wednesday of January annually
determine who are elected by the highest
number of votes to be Senators in each Dis
trict." On the first Wednesday OF January
next eight persons, who have not been elected
to the Senate, whose only claim to seat IN
that body consists in bogus certificates from
the Governor and Council, will probably ap-
pear. take their seats and act in the organiza-
ton of that body. 1t would seem that SELF
respect would dictate to these men after they
had performed this duty to quietly retire and
allow the men who have legally elected to been
take their seats 1t is hard to believe that such
men as Daniel w. True, William r. Field and
James R. Talbot will have any desire to hold
seats in the Senate to which they were never
elected. and which they knooC were procured
by an outrageous fraud practised by the Gov
ernor and Council. If they do attempt to per-
petuate their official existence in that body
from that moment they become parties to the
fraud
Immediately after the organization OF the
Senate memorials from the disfranchised SEN
ators, accompanied by Ger titled copies OF the
returns from the Secretary of State should be
presented and immediate action demanded.
These returns upon their face will give the
contestants a prinaa tdcje right to seats; and
stamp the bogus certificates of the Governor
and Council fraud. This will make the
issue. If these eight "certifcated' men are
honest men they will voluntarily retire without
struggle. 1t may be said that these contested
cases should go to a committee for investiga-
tion-that this has been the usage. To such
an argument reply that these cases are with
out parallel in the history OF legislation
The certificates of the Governor and Council
when compared with the returns, show the GER
tificates gigantic lie upon the face of the
papers. The eleven Republican Sena-
tors who hold certificates certificates should
make their stand right here and eight it out
on that line, if it takes all winter. II they do
hey ,cW precaa. The game of the conspira-
tors will be to stave off the settlement of these
questions until Joe Smith is made Governor
and the Council and State officers chosen. If
an attempt is made to perpetuate the present
corrupt dynasty in this way it should be re-
sisted to the death.
[ find abundant authority for the position
assume but have only space in this letter to
refer to one or two authorities, which are
direct to the point: Cushing i'll his Law and
Practice of Legislative Assemblies" says ANY
member may bring forward an inquiry into
the right of any other member to his seat by
motion predicated upon facts lchich are notort-
ous TO the assembly," Again the same author
saws: "When return is obtained by means
of some fraud, or trick practiced by or with
| the consent of the returning officers y n
the return will be set aside and the person duly
| elected ADMITTED to a seat"
With regard to the action of the Governor
| and Council in relation to the returns for men,
hers of the House-their conduct is more afro
| cious still The doctrine that the returning
board under our constitution and laws can en-
| tirely disfranchSe whole cities where election
| had been legally held and Representatives
| legally elected, by trdnpling under their feet
| duly authenticated returns, is monstrous; The
! constitution guarantees to every city and town
representation in the House, and 22d section
| of the Bill of Rights declares that mo tax OF
| duty shall be imposed without the consent of
| the people, or their Representatives" 1t then
| becomes the practical duty of the II Represen-
| tatives from the disfranchised cities of Port
| land Lewiston, Roekland, Bath and Saco, I'M
| mediately after the organization CT the House,
| to appear and demand their seats. There can
| be no valid excuse for keeping them out q
| single moment. They are in no sense cases OF
| Contested election"-for no one will appear to
| contest their rights. To talk about delay Tor
| the purpose of reference to a committee would
| be adding insult to injury.