Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-01-30
News by Telegraph.
FROM MAINE.

FROM MAINE.
EXCITING NEws-ALLEGED FrslONlsT fLoI l."
TAKE TIE STATE HOUSE By FORCE, AND
BUIN TIE HOUSES OF LEADING EEPUB-
IICANs-THE MILITARY CALLED OUT
THE FUsIOSISr LEGISLATURE To BE Dis
PEESED.
Boston, Jan. 23.-Thc Hcrald's Augusta
says the whole situation is entirely changed
BY tomorrow morning three companies of
infantry, the Capitol guards of Augusta,
the Auburn light infantry. and Gardner com
panies and AndroscOggin light infantry will
garrison the state house. AT ten minutes
past eleven Gov. Davis and lnspector-Gen-
cral Tilden arrived at the adjutant- generals
office In three minutes Gov. DAVIS au-
thorized this startling but well Justified
military movement. 1t was timely act
and the military authorities were out
Of patience with the politicians who
for several days had dominant IN
fluence at the stale house. This has
been the most sensational Of ANY night since
the complication, but the rumOrs OF stirring
events to come were not baselesS. The
fusionist militia are and have been drilling
down town in this city and it has been ascer-
tanned to the satisfaction of the military au-
thorities that concentrated attack upon the
state house was likely 70 occur any moment.
A plot to burn the residences Of leading
Augusta republicans was discovered tonight
Irregular bits of paper marked doomed resi-
dences They were tackled on after dark
and soon perceived by the vigilant police.
Had the governor not given his order for
calling out the troops tonight military men
at the state house were ready to abandon their
watch, which was likely to result in an in
glorious ending. Orders for militia were
gwen out by General Chamberlain's assistant
adiutant- general for the reason that part
of the militia would not, or it was
feared would not obey Governor Davis's
order The Capitol guards garrison the state
house tonight, and partly relieve the worn
ont police who have been without sleep for
many hours. A special train is ordered to-
night from Lewiston. Probably the most
aggressive movement of the state government
will be TO disperse the fusion legislature, and
then arrest every fusionIst official who per-
sists in playing at government
ArGUsTA, Ne. Jan.-In the fusion legis-
laiure, yesterday, it was voted to submit the
list Of questions to the supreme court at once
as follows:
l. Was the organization of a senate and the cleo
on of president and secretary thereof, the first
"Wednesday of January, 1850 legal:
.. Was the organization OF the house of repre-
senatves and election OF speaker and clerk there
of on the first wednesday of January, 1ssO. legal?
,. Were the bodies of persons who had the meet
| ngs on the evening of the 18th day Of January
competent at that time and under the circumstances
stated TO organize Senate and house of represen-
| tatives; and were they legally organized such /;
and do they constitute legal legislature:
4. II the senate organized on the irst Wednes-
day Of January, lSso, was not legally organized, is
that body convention of the seuafOrs-clect by or
/ through which a senate may or must he organized,
| that body having adjourned from day TO day from
said FIRST "Wednesday of January TO the present
| time.
| ). II the house of Representatives organized on
the hrst Wednesday of January, lSs0. not legal
~ organized. Is that body convention of the mem-
| bers of the mouse of represeniaives-elect by or
| through which house of representatives may
must he organized, that body having adjourned
from day 10 day. from said first Wednesday Of JAN
| uary to the present time
MEMORIAL To CONGRESS.
| Mr.. Dickey put in the following order,
which was passed: That committee of one
from each county be appointed by the house,
with such as the senate may JON, to prepare
a memorial to Congress and an address to
the people of the state, fully setting forth all
the facts relating to the choice of governor,
members of the council and state officers,
and all other facts connected with the legis-
lature, which may be deemed of Importance
| by the committee.
| THE SUPREME COURTS DECIsIoN-THE REPUB-
| uCAN LEGISLATURE RECOGNIZED AS TIE
| LAWFUL ONE.
The supreme court say when different
| bodies, each claiming to be the legislature
appear, it is the duty of the judicial depart
] ment who must be called to pass upon the
validity of tine laws enacted by the respec-
| tive claimants, to ascertain for themselves
which of those bodies lawfully represent the
| people from whom they derive their power.
We cannot shut our eyes to the fact that the
governor and council then in office disregard
ed the opinion of the court given in answer
to the governors questions, omitted to re-
woke summonses illegally issued to men who
did not appear to be elected, or to issue sum-
monses to men who did appear to he elected.
Men were admitted and excluded from the
senate and house which met on the first
Wednesday of january on grounds declar-
ed by the court to be untenable and ille-
gal 1t cannot be successfully claimed
that there was ever a quorum in the house
which undertook to organize on the first
Wednesday in January, without counting
men who could only appear TO be elected be-
cause the late governor and council pursued
modes which this court declared in their an
swer to his questions to be unconstitutional,
illegal and void. We cannot recognize a
house, to make quorum in which the pres
| ence of these men was necessary, rs lawfully
constituted, or capable of performing any
functions of the house, when due protest
was made in behalf of those who were in
fact elected by the people. On similar
grounds the court declares the organization
of the fusion senate illegal.
The court further says, after unsuccessful
resistance to the Illegal action of the officers
attempting to create legislative organiza-
ton on the first "Wednesday in January, a
majority of persons who appeared to be
elected to the two ihouses formed an organ
izatiOn of themselves. They RETAINED from
forming an Independent organization until
the 10Th Of January. hoping to obtain their
rights. They We're forced into snch posi-
ton by the Illegal action of minority OF
the members whose action they were not
obliged TO submit TO and which they could i'll
no other reasonable manner resist. The
organizations made January l2th were made
by majority of the members appearing TO
be elected and having prima facie rights To
seats. The minority were not excluded, and
the organization was made in a public man.
ner We do not think that want of notice
invalilates the organization of January 18th.
There may be Irregularities in the manner in
which such organizations were formed, but
the voice of the people is not on that account
to be stifled, nor will the government fail to
be maintained. No essential defects any
where exist, but only such departures from
| ordinary forms as the circumstances CON-
PEELED. History can never fail to disclose
the vital fact that the organizations Of Jan.
12lh were formed by full quorums of per-
sons appearing by the records Of returns as
duly elected members of either house. 1t
cannot he that such construction must be
given TO the constitution as will subvert the
plain and obvious intention of its trainers or
place it in the power of few men to per-
petuate their hold upon offices in the gift of
the people in defiance of the will of voters
constituiionaliy expressed and ascertained,
because their own neglect OF duty has made
some departure from directory provisions
and ordinary forms inevitable The legally
organized legislature being now in existence
and exercising lis constitutional functions,
it follows that no convention Of members
elect of either house can exist which
can be treated us nucleus for
another organization. Two governments
are claiming To be in existence
as valid and entitled to the obedience of the
obedience of the people. Both cannot right
| fully exist at the same time: but one gov
ernment can be recognized and obeyed. The
responsibility and solemn duty are imposed
upon us to determine which is entitled to
judicial recognition. We, therefore, after
due delberation and consideration. all mat
tiers involved, affirm and declare our judy
ment to be that the Senate whose presiding
officer is Joseph a Lock and The House