The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-01-15

land county; Henryc. Brewer, Of oumber
land county; George A. Fernald, o
Franklin county; Alden Bradford, o
Washington county, and g. r. Wakefield
Of York county, to, the exclusion OF per
sons summoned from the same district.
Hfth.-Does the same rule apply when
member summoned appears by the re-
turns to be elected only because OF some
error in the name or initials Of o candidate
not summoned, which error Is correctable
by law under the decision OF the court
and official records, states the name and
initial correctly under the facts Of the Lin
coin Senatorial district and Representa-.
tive districts Of Exeter New Castle,
Gouldsboro, Weston and Robinson, as
recited, or when member summoned ap-
pears by the returus TO be elected only by
rejecting the returns OF ono town because
unsigned by thetown clerk, though duly
attested copy OF the record OF said town
is reasonably offered as a substitute and
rejected under the facts as recited?
Sixth-If the summons described in
question one is void, and the persons
holding such summons take part in the
organization oi either the Senate or House
OF Representatives, and without the votes
OF such persons, there are less than six.
teen members In the Senate and less than
seventy.six members In the Honse, voting
for and against officers OF the so.called
Senate or House, have such bodies any
legal organization or officers.
Seventh-Without such legal organiza-
tion in either the House or Senate, or
without sixteen members in the Senate
and seventy.six members In the House,
present and voting on given measures,
can any valid law be enacted, any legal
officer chosen or any business whatever be
legally done, except to adjourn; and If
any business, what business?
Eighth. Without legal organization
formed, or legal officers chosen by the
seventy-six members present and voting
in the House OF Representatives, and six
teen members present and voting in the
Senate, can either house compel the at
tendance OF absent members?
Ninth.-To make up the legal quorum
required on any vote in either house, ctln
the vote OF any person be counted who,
though summoned, does not appear to be
elected by the official returns under the
constitution and decision OF the court?
Tenth-Can the Governor and Council
legally administer the qualifying oath to
members.elect Of the House OF Represen-
tatives, when on a yea and nay vote, as
shown by the record, only IS members OF
both sides, inclusive OF the vote on tho
motion to request the attendance OF the
Governor and Council for that purpose.
Eleyenth-Can valid organization OF
the House be made under the revised
statutes, chapter 2, section So, when under
the facts, as stated in question tenth, o
protest was entered at the time that no
quorum was manifest on the yea and nay
vote, and Notwithstanding that protest
the clerk refused to put the motion TO adj
journ, and the Governor appeared and ad-
ministered the oath.
Twelfth-Can the Governor and Coun-
Gil legally administer the qualifying oath
10 members.elect OF the Senate when only
twenty members, both sides inclusive,
vote on the motion to request their pres
ence for that purpose, and OF that 2Sp
though summoned, did not appear to be
elected by the official returns, &C., and
were not in fact elected.
Thirteenth-At what date In the year
1850 do the terms OF Office OF the follow
ing State officers elected in January, 1879,
expire:-the Governor, the Executive
Council, the Secretary OF State, the Treas
urer, Attorney General and Adjutant
General.
Fourteenth-When. the terms OF office
Of the Governor and Council have ex-
pired or their offices vacant, and there is
neither Governor nor Council, eau the
tsa. IL ~
Of Representatives be legally qualified be-
fore a magistrate appointed and commits
stoned by the Governor with the advice
OF Council under dedimus pOietdtum by
virtue oil. the Revised Statutes, chapter u,
section IS and So, or by any other pro-
vision Of the law?
Fiftecnth-When the term OF one Gov
ernor has expired by law and no successor
has been chosen, can the President Of the
Senate become acting Governor il at his
election twenty votes only arc cast for or
against him, and these twenty votes are
made up as described in question twelve?
Sixteenth-Can a legally chosen Presi-
dent OF the Senate become acting Cover
nor until he has legally qualified as such
in addition to his qualification as Presi-
dent OF the Senate?
Seventeenth-Oa such qualifying oaths
be legally administered by a President
pro tenn OF the Senate In joint convention
Of the Senate and House OF Representa-
tives, when less than seventy-six members
OF the House are present, or voting on
a motion to proceed to joint conyentionY
Eighteenth-When twelve persons are
legally elected members OF the House OF
Representatives from the five cities oil
Portland, Lewistown, Rockland, Bath and
Saco, and that fact Enthusiastically appears
on the official returns and by a decision
OF the court on the facts recited in the
statement submitted, have those twelve
members elect the right to take part in
the organization aud all subsequent pro-
ceedings Of the House without summons
from the Governor and Council, no other
persons holding summons for the same.
Nineteenth Can the House oil Repre-
sentatives legally organize and act under
the certified roll containing l39 names
only, and giving no Representative to the
five cities OF Portland, Rockland, Lewiston,
Bath and Saco, under the facts as stated In
question IS, without admitting ut once the
twelve members from the said cities?
Twehtieth-When persons arc legally
elected members OF the House from the
Representative districts Of Skowhegan and
Pennington, and that fact Enthusiastically
appears on the official returns, and by the
decision OF the court as recited in the
statement submitted for those districts,
have these members elect right to take
part in the organization and all subse.
auent proceedings OF the House with a
summons, the persons summoned having
returned their summons and declined TO
serve as Representative on the ground
that they were not elected?
Twenty.6rst-Can eleven members duly
elected and summoned, and seven mem-
bers not summoned but appearing to be
elected by plurality OF all the votes re-
turned under the requirements Of the
Constitution and the decision oil the Court,
constitute and organize legal Senate, pro-
4. atGw