New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-01-05

There is a difference of opinion at the Cap
ital of Maine as to the effects of the Opin-
ion given by the Supreme Judicial Court
in reply to questions submitted by Gov
ernOr Garcelon. Some Democrats say
that it makes no change in the situation,
| and they ccnsure the Governor for having
consulted the court. Republicans are elated
| at the result. Three Fusionists who were
counted in will not attempt to take their
seats. Governor Garcelon declined yesterday
to say what course he would pursue.
FEELING AT THE STATE CAPITAL.
| THE RrpUBLlCANs EIATED AND THE FUsIoNISTs
| EsPoNDEST-GOvERNOR GARcELoNs COURSE
| CONDEMNED BIZ DEMOCRATS -EFFECTs OF THE
DECISION OF THE COUNT
AUGUSTA, Me-. JAM 4.--The decision of the Su-
preme Court has been discussed freely to-day
| by crowds upon the streets, at hotels
and elsewhere. The Republicans are greatly
eScited and jublant and regard it as
consummate triumph for their cause. The
opinion is freely expressed in the best informed
circles that the Opposition cannot stand up and
defy the Court. The Governor is not at present IN
She city, and his line of action in the face
OF the judicial decision is not therefore known,
but it is the opinion of leading Republicans
that he can do no less than cancel the certificates
issucd To persons not elected according TO the de-
Sision of the Court.
{ The Fusioniss have plan matuTed,
and 1t VIII be difficult to develop
any tonight, as not more than twenty
members are present in the city. The number is
about the same rs IN ordinary years when nothing
unusual was pending. Few Democrats say
tle Governor had no business to submit questions
20 the Court that he had done his work
according TO the Constitution and laws, and
should have rested his case there. ID. l.
Pike. n leading Democrat, says that Governor
Garceon belitiled himself by taking any
notice of MorIfs letter; he had completed
his work, and that ought to have been
the end of it. Il. ". Black leading Greenbacker,
SAYS that the court went out OF its way to answer
questions NOT put to it.
Colonel William Dickey. n member of the Legis-
lature, saws the decision Of the court will
have no effect upon tho organization of
the Legislature, as tho certificates have
already been issued. This is understood
10 be the position Mr.. Plllsbury will take in The
Standard Tomorrow. Others say the opinion of the
Cour. Is farce, and will be replied to word for
word.
Three counted-in members have already declared
that they will not participate, and it is thought the
opinion will have effect upon other certicated
members to the same cnd-as there is lot n single
case of the thirty-seven that this decision
does not fully cover The Hon. James G. Talbot. of
Washington, and Isaac I. IobsOn, of Lincoln, the
counted-n Senators, have already stated that they
would not accept their seats should the decision Of
the Court be against them.
Lawyers say that if this opinion is dsregarded. it
will be the 6rst instance of the kind in the history
Of Maine IL has been ascertainod that
the =, ,xeeuGye DspastIE.ent in m0ro than City
cases since Maine State has asked the judg-
ment of the Supreme Judicial Court in important
questions of law, and never in a single instance
has it been disrcg garded.
d. Parker, a member OF the Governors Council,
defended his position in this matter, and says he
acted conscentiously and honestly. lie has not
read the opinion carefully. and cannot give an
opinion "a to the result. Secretary of State Gore
saws he is not sufficiently familiar with the law to
gay whether the Governor and Council could renew
their action.
The Democrats held a caucus last evening to
take action concerning "A candidate for Speaker
of the House. but came tono definite decision. IL
is understood that B l.. Staples. clerk OF the
last IIonse will be absent on Wednesday he having
been elected Clerk of the Court in Aroostook
County and that the House will be called to order
by W. l.. Gibbs the Assistant Clerk.
RESULTS OF THE DECISION.
The results OF the decision of the Supreme Court
are as follows:
Tie answer to the first question enjoins
upon tho House of Representatives the
duty of admitting ut once the twelve
Rcpnblcan Representatives from tho five dis
franchIsed cities in case the Governor and Council
still refuse tho certificates and establishes the
validity of the special election IN Portland caused
by the death Of Moses NJ. Butler.
The answer to question afirms In all points
,f tha lay n au1eh
that the Governor ard Council acted illegally In
unscatinR one Republican Senator in Lincoln
County and at least one In York County; also Re-
puhcnn Representatives In the districts OF Ash
land Newcastle Exeter, O0uldsDOrO, uOugdon,
Danforth and Lebanon.
The answer to Question three also establishes tho
fact that the presence of at least 10 members in tho
House of Representatives, that is, minority
Of the whole number, 151, prescribed by
the Constitution is necessary 10 constitute quo
rum. aud without that number no business can be
transacted. The answer 10 question three Will
also seat the second Republican Senator IN YORK
County, and seven Republican representatives from
the dsfranchsed cities OF Sac0, Lewiston ana Rock
land. -,
Republican Senators from Cumberland County who
were counted out by the Governor and Council
The answer TO question five will cntite Vance
boro In Washington County, TO be counted 9nd
will seat the Republican Representative III that ds-
trict and the Republican senator counted out Ill
Washington County.
The answer to the sixth question VIII restore
the dsfranchsed towns OF Jay: Webster. Lisbon:
Stoneham Seasport and birmingham. and seat
five Republican Representatives, from those dis
iricis; and together, with the answer to the
seventh question. will seat Republican Senator
tiT~ the seventh %t1'''' end eighth questions dem:
onstrate the ilegahty Of the action Of
Chcrryield and Hersey aud will seat two Republic
can Representatives from the Skowhegan District.
The answer to tho tenth question holds that the
Senatorial return from Westbrook was illegally re-
ected and if needed, will affect the Senatorial cleo
| tion in Cumberland County.
The answer TO tho eleventh question decides that
rejecting the returns from New-Sharon,
Hersey Webster and Lisbon and In acting