Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-17

erly called to the fact that persons wer
present and acting without right, and tina
members were excluded. the Secretary y.
fusing 10 entertain motion for the coTrvc
ton of tie roll and refusing TO allow an ap
peal from his ruling and the Senate taking u,
action although protest was made was illega
and void.
CUES l6 Can legally chosen President o
Senate. become acting Governor until he has
legally qualified as such in addition TO his
qualifications as President of the Senate?
CUES IL. Can such qualifying oaths be legally
administered bv a president pro tsapore OF
the Senate in joint convention of the
Senate and House of Representatives
when less than seventy-six members Of the
House are present or voting on the motion to
| proceed TO joint convention:
Ans. Under the letter of the constitution.
il Is at least doubtful whether the President
OF the Senate is required to take a new oath
before exercising the Office of Governor, when
| thai office has become vacant in the manner
| specified therein. The practice sinceth organ
lzation of the State. has. We believe. been
uniform against requiring such new oaths and
II such practical interpretations of the con-
stitntion in the absence OF express provisions
or maniiect intention TO the contrary, we
think effect should be given.
To the sixteenth question we reply that y
legally chosen President of the Senate may
become acting Governor without the admin
istration of any other qualifying oath than
that which he has taken in his office of Sen
ator.
The answer to the sixteenth question rem
dcrS reply u the seventeenth unnecessary.
CUES. Is. When twelve persons are legally
4
tatives from the five cities of Portland. Lew
iston. Rockland. Bath and Saco, and that fact
Enthusiastically appears on the official returns
and by the decision of the court on the fact
recited in the statement herewith Submitted.
have those twelve members elect a right To
take part in the organization and all subsc
quent proceedings Of the HouSe without
summons from the Governor and Council. no
other persons holding summonses for the
same seats?
Ans. To the eighteenth question We an
swer rs follows: 1t appears from the state
ment of facts that the members from the five
cities of Portland, Lewiston. Rockland. Bath
and Saco were duly elected. as well rs by the
returns before the Governor and Council.
That by law a summons should of right have
been issued to them; that in fact no summons
was issued. and that their names were not
''". -, '', '"' ''N" ~ '"' i," ~
P'o' we" ~ II" - "a N','P' 80 - N"''
,i'" vas se",o"'''N '''''e '''' '"'Ne ''"'
bcrs. appearing by the returns beforehand
to have been duly elected, should be permit
ted to participate in its organization
but the assistant clerk refused to put the
motion and 10 entertain an appeal. by the
constitution the returns were before the
House. by those returns the representatives
'"''e ''''''e' 'PPc"'V' ~ w e'e ~ "o',
SEATS "e'c ""' '""eS'ca he Wv ,i'i"r ""',
I"""'i' c".'u ""', ""h""' ''"'.'"" vi
.n'ir c"">'tu''"h"i "''if' neS'ec' |" issue !"
,heiii summons nor 'u' "',re''r! ~, S'''n
10 pace t"'ir names On ','c e'iri'eu ron
"t'ch was MS ."'H 10 '"r',N"' rue We,
erhor ana '""hcii s""'i h"' 'esa''y "i'''i'oi'
h., ID ,rhl,, ,.'nII n,,, ,rJnr s,,,,
,,ons -, -, 60 sor,n ,,,,o,r;n,r ., ho lot
90, ~ ,.;,LLnIa;, ,ro,,, o,hnrs Ie,ho,, o,,,IJ
!, could la in ,hnir n,,rcr IN sol.,, fr,m Tho
,,a,,ha,s auna,r;,r ~ ho oI.c,.J ,hos. who
shonlJ ,,d ,hoso wh, shor,d ro, tal. mar, i,
,ho orgon;zo,;on of rho House
Tho so,.t;nn o, r.visnd sta,,tos chan y
.or,.;,.,s So ,.o,a ., ,hns, III, 500. arn
harm. IN IN. ccr,ifeJ rolI the RESTRICTING
,ho ,,o,o 70 ,hos.. onIr whnso names M, ,bns
horne - ot variance with ,bn cops,i,u-
,;,r in 90 far ne !, r.st,;cts and limits tho oc-
,;on 80 ,ho Un,s, =, ,hnso ,rh,,, ,Lo Cnror-
,,nr all Corr,;I nav solo,,, a,J nn, p, ,hoso
;. -, ha' ,rasar anJ =. ,i.,,
~, IF IL 49,. 1,.,n,,;,, ., ha nj.
III t,,aI,.o n,.,.bors had r;o,t ~ 90, :, ,ho
,,;.,;s., - ,ho ,i,,,s1 I'll .,,.;a,,
was patent on inspection of the returns.
The House in no way denied their right. The
question whether their names should he
added to the roll wa, not submitted to its de
termination. Upon the facts set forth. appeared
to be and were elected and 1t is not to be pre-
sumed that the House knowing such facts
would have been prohibited this action if
the Clerk had permitted the question to be
put. These members had a right to take part
in the organization of the House until il
should otherwise determine.
Ones 10 CanaIIouse ofI,epreseutat,vcsr To-
collv orpanize or act unJer a certified roll
CONTAINING one hundred and thirty-nnc names
only and oiv;po no rcn,esenta,;nn In tho FIVE
cities of Portland. Rockland. Lewiston Bath
and Saco under the facts AS stated in question
Is, without admitting at once the twelve
members from said cities?
Ans. The House cannot legally organize
or act under q certified roll of I'D names on