Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-11-17
DaiIp Nennebee sournal.
Augusta, Monday Morning, Nov. IT, 70.
The Judges of Elections of Menu
bers of the Legislature.

bcrS OF tic Legislature
The constitution of the State is SO clea
and explicit in regard TO the duty of thu
Governor and Council and the rights o
the Legislature IN regard TO elections
that its meaning cannot be misunderstood
The Governor and Council are TO examine
the returns made to the office of Secretar,
of State. and to tissue a summons to suci
persons. as shall appear TO be elect
led by majority of the votes in eaci
district to attend and take
their seats" The Governor ano
Council are not constituted judges o
the elections of members of the legisla
ture. The Supreme Court has so decided
They examine the returns and issue Ger.
tificates TO such persons rs appear to be
elected They are not authorized to in
quire into the eligibility or other qualifi-
cations of persons or into the mode OF
their election. Their duty is to issue GER
tificates to such persons as appear by the
returns to be elected.
But if from the language of the consti-
tuition above quoted there could be the pos
sibility of an inference that the Governor
and Council are authorized to go behind
the returns and investigate the elections,
the constitution prohibits it by declaring
that EACH HOUSE shall be the ,judgc
'of the ELECTIONS and qualifications OF
"its o,cn members.n The Governor and
Council simply examine the returns to as
certain who appear to have the necessary
number of votes to elect them; but the
Senate and House are authorized to go
farther and investigate if necessary the
elections of members, and determine who
are rightfully elected and entitled to seats.
The Governor and Council cannot go
into questions of eligibility, the mode of
election, whether legal or not, without
overstepping the authority conferred
upon them by the constitution
and infringing upon the constitutional
rights and duties of a coordinate branch
of the government. II the constitution
were silent in relation to the power of the
House and Senate to Judge Of the elections
OF their own members, there would be less
improperly in the assumption by the Gov
ernor and Council of the power to go be-
hind the returns; but with the authority
distinctly placed in each house to be
judges of the elections of its own mem
bers, it is the boldest usurpation for the
Governor and Council to assume that
power.
But, say some of the democratic organs
the Governor and Council will follow re-
publican precedents. If republican ex-
ecutive officials have in any case assumed
power not belonging to them in regard to
the elections of members of the Legisla-
ture--of which we know none-that is no
reason why the present Governor and
Council should follow in their steps. Two
wrongs will not make one right. There
is the constitution as their guide, and il
they break it in this instance it will be no
excuse for them to urge that republicans
did the same thing before them.
And when the object is plainly, as in
the present instance, the subversion of the
government by overriding The popular
will as declared through the ballot box
the attempt to keep party in power by
fragrant injustice and illegality; to have
a few men, holding brief lease of power
under sacred obligations to observe the
constitution and respect the peace, we'll
are and good name of the State, establish
themselves as dictators, despots and revo-
lutionists; there is no possible pretext
that can save them from the just wrath OF
an injured people. Let the Governor and
Council adhere to the constitution and the
laws. Let them count the vote and issue
the certificates in accordance with these
but if they seek prelexts and shams to
cloak the great wrong which has been
plotted against the State, they will seek
in vain, for their duty is plain, and there
is no excuse for departing from the
straight path laid down in the constitu-
ton.