New-York tribune., 1880-01-17

that act gives to the Executive Department
the power 10 rob the people OF force dne
upon them one 20 serve its own purposes. II poisons
the very fountains of legislation. and tends to cor
rupt the legislative department of the Government;
1t strikes deaSh blow AT the heart ,of
tion and great bulwark-thc viii OF the
PEOPLE as expressed @@GI '{ the fine o'lioae Same
power. and is charged with the same duiy-to de
clare the election OF its members and organize
in any legitimate way-as before the passage ol
that act.
V. In the answers of January 3, 1850 this Court
held that in eases like those stated III TINS
question, it is the duty of the, Governor
aud Council to hear the evidence ana
determine whether the record OF return J. correct
and if they determined the record 10 be correct 10
receive IT, dulyccrtihed copy Of H. to correct ihc
return as provided IN chapter 2l2 OF the acts ol
1877: but in such case they are required to deter
mine an issue Of fact-Whcthcr the recori or re-
turn Is corIect-and, 50 Tar a. thelr acu"h j.
concerned in determining tnat fact, We think
their determination is conclusive, subject. OF course,
10 be reversed by the House. If. however. thrV
should refuse to hear evidence ana determine
the question, and should by reason OF sucil
refusal issue the summons to the candid ates nor
clccicd the case would fall under TIE Tnic ABOVE
stated.
Vl-If objection was made to the admls-
sihlity of the Illegally summoned persons
as set forth in the statement presented 10
us, and the House took no acton thereon,
then an organization of House or senate IN the
manner described in this question Wonld he Hlc"al
and void. The Court expressed the opinion ON LOT
mcT occasion that The senate coul0 WEdulH' VIII
less than a Quorum of mcmbcTS 30 Maine, Jb3l
where less than quorum were elected, cohuIioI
Of Things TINT might happen when ~ reGni!cl Il
majority of votes TO elect Senator'S. lhat qeclsloh
met the necessities of that occasion. but the noc-
tTiue of that case cannot apply when quorum Is
In tact elected
THE FUSION LEGISLATURES not LEGALLY ORGANIZED.
VIIand VIII Without legal organization formed
and legal officers chosen by 7G members present and
votincl the House of Representatives, and hy 10
members present and voting in the Senate upon
the given measure, no officers can be
chosen, no law passed, 10 business
done. except to adjourn. No less
than seventy-six members can constitute quorum
OF the House Ol Representatives, can less tna SIX
quorum of the Senate, nor can ,eitheT
house without legal organization formed
and without legal officers chosen compel tho al
tendance of absent mc:nbcrs. II Is the House OF
Senate when formed and organized that has the
power To compel such attendance. and 1t IS NOT
within the power of persons VINO are mcIcN
memberseleCt 10 do 30. The attendance NAV,
under our Constitution, be compelled ny >nch pen,
altjes as each House may provide ntil Icgdl
organization has been chccted there Is no
House to provide penalties Tor such PlP"'e.
Until legal organization Is completed there - no
officer in either House 10 issue - warrant against
the absent members. No such power was
committed. or intended 10 be committed,
into the hands Of persons not comprising eng Hct-
ing - an organized ard completed House.
1t has frequently happened IN our ms,
tory that legislative bodies have been delayed
davs and sometimes weeks without being able 10
complete an organization for the want Ot quorum.
TX Not if the attention of the House !, called 10
the fact that such persons are lIegaily summoned
and objection is reasonably made 10 the
counting of such persons for the purpose OF
making up a Qu0Tum and the House does not
act upon the question OF Their adlniSHipiliil.
BY the Constitution Article i, ccton
5, "The Senate shall on the hfst Wed
nesday of January, annually aeteIm'Ie VINO
l.r-. .t.lp Af IL
x. XI, and XII. These three questions,
referring to the qualification Of members
by the administration OF the required OATH
may be answered together. By the Constitution.
tho oath is 10 be taken and snbserihcd sin
the presence of the Governor and Council. By the
statute r. :. Chapter 2, Section %, the Clerk OF
ReoreppegIatiYes-eicct IhG pgGSI Shall be qualified and
T,gTt prar he Shall preside, and Inc Repre-
psrniativeselect present shall adjourn from
day 10 day until a quorum appear, and are
qualified. and a speaker Is elected" mus II WIZ
he seen that while by the statute the
clerk is 10 preside until "A quorum -hail
appear and be qualified, II IS not provided either
less number than "A quorum shall not be quail
fled nor can the yea and nay vote ON
the motion to request the attendance ol the Tower
nor and Council for the purpose OF Administering
thc oath be deemed of any Importance: II the
Governor and Council had appeared with
out motion OF no'c' an'II s,',a "u-
We therefore answer That the quAillNllg Oaths
under the Constitution or hc statute may be ad-
Ininistelcd TO the mcmbcrs-tect Ol clhcr blaIch IN
any numbers, though n quorum must appear ana pc
nuahfed before pTOce ding to an election oil speaker
and if the whole number of votes Tor Speakers less
than quorum and there Is nothing o" thc recoI" I'D
show that q quorum was present ana acIiHS' thClc
would he no election.
WHEN TIE TERMS OF STATE OFFICERS EXPIRE.
Kill The Governors term of Office. and also that
ofhis Council expired at midnight following the first
"Wednesday OF January, 1850. The terms of the other
officers mentioned in this question Will expire when
their several Successors are elected, as provided by
the Constitution.
XIV, XIV and XXV.-Answer: To the four
tcrnth tWcnty-fourth and twenty-hith questions
proposed answer as follows: In NE, Grii-
oral nroyi,,o of the Constitution, Article IN,
crrtalu uath or ainuatons are prescribed for per
sons elected appointed -" commissioned 10 TIE OIL
fees therein mentioned. IT appears thaI th"Sc peioI,
whom the prescribed Oaths were to be administered
refused to act, and that now there Is 40
rxis,pg Governor and Council before whom they
can be administered Ioe oath Is prescribed; me
mon its terms, not on the magistrate
br whom II is administered. If there are no Gov
etnor and Council, or being Governor and COun-
ell. they refuse TO administer the oath to
one representative or to all-for there
can bo refusal to all equally as TO one
what is the rcsultf Is anarchy To
tr,umnbF Can the Government be destroyed.
or it's action paralyzed because there Is
no Governor and Council before whom the pre-
scribed oath Is 70 be taken We think not The pre-
scrbed oat H. from the necessity of the case may be
taken before magistrate authorized TO ad-
minister oaths. The members must be
sworn before they can act. 1t is by their
action that Governor and Council there
f,ar arc 70 he elected and the
Gnvcrnrocnt continued. II cannot be
presumed that the trainers Of the
Constitution had In contemplation that
the OATH had better not be administered
Mt ali than administered by any
other officer than the one dcsignated !,
therein This is one of the most reliable
tests by which TO distinguish q directory from q
,yandatory provisional State agt. smith. 81 Maine
32Sl. c
XV.-Our reply to the fifteenth question is IN Tho
ncgotiye-that one whose only title to the Prcsi
dency of the Senate is by virtue Of such an election
cannot become the Acting Governor. because he Is
not thecgal President OF the Senate IT OF IN went
voting at such choice Of President of the Senaie