The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1880-01-17

the face If the returns, nor give lawful cir
tihcates to persons who upon the face of
tie returns were clearly and indisputably
shown to be not elected, the Court
now completes this decision BY adding that
which is the inevitable sequence-namely,
that the Governor can not lawfully certify
persons who are not elected, and thus fab
ricate Legislature to judge itself elected.
The effect of the decision is that the Garce.
Ion fabricated Legislature was illegal from
the beginning, and that an illegal Legsla-
ture could not constitute legal one. To
dispute this proposition is to affirm that
the supreme end of law is IT, defraud the
people of their election. We commend the
words of the decision to our readers In
Maine the pretended House of Representa-
tives, made up largely Of persons counted
in against the majority of the votes, but
yet lacking a quorum, has pretended to
make quorum BY seating Fusion person
who was defeated in tine election. Having
added another fraud to those of its whole
existence, it and the pretended Senate
proceeded through the farce of electing
Governor. The pretended Legislature
also pretended to elect the Execu-
tive Councillors, and the claiming Governor.
Smith, has appointed his military staff. If
VIC may yuuSC NY DcllOCIdtlC cAprcSSloIS,
they do Ifet mean to submit to the jud--
ment of the court; for they have concluded
that this will be against their whole pro-
ceeding in reversing the peoples election,
and therefore that they will not permit
their chosen Governor to wait for the law,
Or 10 heed it when it shall have have come.
=. Since the above was in type later
kilograms show determination in the Flu
SIOnlStq attaptinO a ~ thu rn1icis1
decision, and to push matters in way that
leads straight t. collision. Their pretended
Governor, Smith, appears to be ready tool
in their hands, Thus are the people of
Maine seemingly on the brink of civil war
"a war raised to overthrow the unques-
toned election of the people.
The Enquirer says: The State Govern.
ment TT Maine is now organized according
to law. The Constitution of Maine com.
mands that the Council shall be chosen BY
JOINT ballot of the Senators and Representa-
tives in Convention, and this was done yes
terday. The Legislative and the Executive
Departments of the Government are legally
organized and in motion. A crowd OF men
gathered few nights ago. in the State
house at Augusta, and called themselves a
Legislature, and carpentered together
tWenty-seven questions to submit to the
supreme JUDICIAL Court OF Maine, and sub
mltted the questions. All this would have
been treated as nothing better than farce
if the Constitution and the laws had
prevailed in Maine. The mob that asked
the questions could only ask them
in the capacity of Legislature, and
did ask them in that pretended ca
pacty. 1t was no more Legislature Of
NlssiAe than of anNother mob in the United
States. 1t had no lawful authority to in
qulTe of the Supreme Court as to any sub
ject. 1t could only inquire as Legisla-
ture, and it had not the shadow of a legal
status as a Legislature. But the Court yes
terdal answered the questions just as
though the questioners had right to ask
them and it jurisdiction to answer, and
answered them all, of course, in favor of
the Republican party. The Maine Consti-
tuition commands that mo person or per-
sons belonging to one of these Legislative,
Executive anu JudiciaD Departments shall
exercise any of the powers properly be-
longing to either Of the other" If the am
swers OF these Supreme Court gentlemen,
without jurisdiction, shall be needed, it
will be at the sacrifice of the Constitutional
rights and the independence of the Execu.
tive and Legislative Departments of the
Government of Maine. reg
The German Papers
The Volksfreund says: Moses Wilson
was elected Judge of the Police Court for
two years The Republican Legislature
should at least allow him to end his term.
-Archb shop Purcell has received a coad.
jutor in the person of DIR. Elder, formerly
Bishop of Natchez Mississippi. DR.. Elder
will henceforth take charge OF the affairs of
the Archdiocese Of Cincinnati.
The Volksbatt says: Maine promises to
become Northern Louisiana.-There is
also Gas Company iii the Board OF Coun.
cil.-Even some Of the German Democratic
papers are beginning to make front against
Sherman. Grant would be more suitable
to them. He could be more easily defeated.
The Freie Presse says: As long as that
public nuisance styled the Police Commits.
sion, is not abolished, so long can we rely
upon it that those places, which are dis
grace to The city and the ruin to our youths,
will not be closed.