Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-12-22
THE MAINE MUDDLE.
Two Governors and Two Legisla.
lures,


II WV GOteInOIS anu wv
lures.
Presidential Interference Required.
kilograms were sent hence yesterday to Sena-
tor Blaine and other prominent republicans in
Maine to resist to the last what is alleged to be
the illegal action OF Governor GarcelOn and his
counsel in counting out enough republicans,
claiming to have been legally elected, to give a
majority of the legislative branch to the
fusionists. A telegram sent last night to Sena-
tor Hamlin read in substance "Gen. GARFIELD
advises resistance even to the extent Of force.
Mr. Garfield saw the President to-day and he
says the President will recognize Davis legis:
lature if it is set up as the legal legislature OF
It is known that Gen. Garfield and other
prominent republicans are at work looking up
the law and precedent to sustain the formation
of legislature by the republicans
CASE IN POINT.
A case has been found which, it is thought
adapts itself to the Maine situation. In the De-
cember term of the United States Supreme Court
In 1S4s, Chief Justice Taney {democrat presiding
Mr.. Taney rendered decision in the celebrated
Luther versus Borden suit. The defendant had
justified an action Of treSpaSS, on the ground
that martial law had been declared by the Leg
islature of Rhode Island, and he being militia
ry officer and acting under the orders of his su-
perior officer, as he lawfully might, &C."
The Chief Justice in the published syllabus OF
Upon IT q gu question whether Il r the government w i
which declared martial law was the duly con-
stttuted government OF the state it was held that
the circuit court had no power to try and de-
termine this question, which so far as the United
States was concerned, belonged to the political
and not the judicial power; and so far as the
state was concerned. having been decided by the
highest court the state acting as part OF the
government OF the state when admitted to be
duly constituted, the circuit court was bound to
follow the decision.
Congress has delegated to the President, by
the act of February 2sth, 1895, the power to de-
eide, for the purposes Of that act, whether
government organized in state is theduly con-
Stituted government of that state; and after he
has decided the question the courts of the United
States are bound to follow his decision. The
the power to protect itself from destruction by
armed rebellion by declaring martial law, and
the legislature is the sole judge of the existence
OF the necessary eXtgency."
THE REPUBLICAN TACTICS.
1t is claimed by republicans who proclaim
that Gov. Garcelon's outrage shall not be toler-
rated that the plan In Maine will be as follows:
That when the day for the meeting of the Maine
legislature arrives, that such republicans as
have the certificates of the returning officers.
and those who have been counted out, meet and
proceed to organize as the legal legislature of
Maine. In the mean time, II possible procure
for the counted-out republicans certificates of
election from the supreme court Of the state, or
falling in that, from the county clerks. II the
fuSonistS organize also, claiming to be the law
full legislature, of course the crisis would be pre-
cipitated at once. The further plan is that the
republican legislature proceed to elect Davis as
governor. If the fusion members elected either
Garcelon or Smith, the situation would be that
Maine would have two governors and two legis-
latureS, and then would follow the question OF
national recognition. A gentleman who had a
conversation with the President on this subject
yesterday, says that the President indicated, as
the case was presented to him alphabetically,
that he would recognize Davis. Under such
decision, de taking the opinion Of Chief Justice
be but one result Of such recognition on the part
of the fusion governor and legislature, and that
would be for them to dsband; for the President,
under the Taney construction of the act of Feb.
rs, 1895, statutes at large,) has ''the power to
decide for the purposes OF that act whether
government organizedm d. IN , state Is the daly con
has decided this question the courts OF the
United States are bound to follow his decision"
WHAT WILL HAPPEN.
II, then, the Maine legislature should attempt
to set at defiance the national recognition, the
legislature recognized could call upon the Presi-
dent for national aid to disperse the legislature
which was denied recognition. The statutes of
1895, in respect to such condition OF affairs,
read as follows: 'And In case of antnsurrectton
shall be lawful for the President OF the United
States on application Of the legislature Of said
the militia of any other state or states as may
be apple d for, as he may deem sufficient to
suppress such tnsurrection.'
THE PRESIDENT MUST SETTLE IT.
1t will be seen, therefore, that the matter
after all is with the President to decide which
is the legal legislature Of Maine In case two
bodies set up their claims. All the recent ad-
vices from Maine point conclusively to the fact
that the republicans feel themselves outraged
at Gov. GarcelOn's action and do not propose to
submit to it. The great probability is, there
FORE that within the next three weeks the Pres
ident will be called upon to decide upon the
claims OF the contending factions, and that the
Maine muddle will become one of national i'm
portance.