Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-28
| BY TELEGRAPH.
Associated Press kilograms to the Daily
Kennebsc Journal
S. j. G.
the OPINION OF The
JUSTICES.
THEY REFUSE TO RECcG-
ME THE RuMPITES.
Unanimous Verdict
Unanimous Verdict

SuItItWS Jtoiciai putt. ttis SNNN-
ing. declining to recognize the fusionist bodies
It Augusta, and explicitly declaring the
House and Senate now holding sessions in
he State House the legal Legislature Of
daine:
Bangor, January -, 1850.
In response to the foregoing communica-
ion. the undersigned, Justices of the Su-
irene Judicial Court, have the honor 10 say
that, while We cannot admit even the impli-
.ation that the statement and questions
low before us are presented by any legally
organized legislative body, so As to require
IN opinion from US under the constitutional
PROVISION of art. 6. sec. 3, we feel that we
.hould be emitting an important service
which the people Of this beloved State and
the gentlemen who have presented these ques-
ions. presumably from an honest desire to
lnow their duty as citizens in the premises,
might fairly expect of us, If we failed to give
.ome Of the reasons which compel us to de-
line to entertain and respond to the afore-
said statement and questions based there
upon.
The solemn occasion is indeed here, in the
unparalleled and ominous events in our public
history which have occurred within the last
few months but we are bound to declare that
tuebe QueStlOHs arr uot picsVhtSu W u iSSabN
constituted legislative body, for the following
reasons briefly stated:
When different bodies Of men each claim
ing to be and to exercise the functions of the
legislative department Of the State, appear,
Zach asserting their title to be regarded rs
he law givers for the people, it is the obvious
luty Of the judicial department. who must
inevitably ut no distant day be called to pass
upon the validity of the laws that may be
enacted by the respective claimants to legis-
lative authority, to inquire and ascertain for
themselves, with or without questions pre-
sented by the claimants, which of those bodies
lawfully represents the people from whom they
derive their power. There can be but one law
full legislature. The court must know for
itself whose enactments it will recognize as
laws of binding force, whose levies of taxes
it will enforce when brought judicially before
it, whose choice Of prosecuting officer be-
fore the court it will respect. In thousand
WAYS it becomes essential that the court
should forthwith ascertain and take ju 1icial
cognizance of the questions which is the true
legislature.
The existence Of certain facts raising ques-
tions as to the pow ers and duties Of the Gov
ernor and Council in canvassing the votes for
members of the Senate and House of Repre-
sentatives, was necessarily implied in the
questions propounded by Governor Garcelon
and answered by this court under date Of
January 3. To put such questions in the
absence of facts requiring their solutions,
would be an abuse of the power Of the execu-
tive to call for the opinion of the court upon
questions of law on solemn occasions. Those
questions were fully answered, and by the
answers it appeared that the acts and doings
of the Governor and Council in issuing GER
tificates of election to certain men as Sena-
tors and members of the House of Representa-
tives who did not appear 20 be elected, and
declining to issue certificates and summons
to certain men who did appear to be elected,
were in violation of their legal and constitu-
tional obligations and duties.
We are bound to take judicial notice of the
doings of the executive and legislative de-
partments Of the government, and when
called upon by proper authorities to pass up
on their validity. We are bound to take ju-
dicial notice of historical facts, matters OF
public notoriety and interest TRANSPORTING in
our midst. WecannOt accept statement which
asserts as facts, matters that are in conflict
with the record and with the historical facts,
that we are not at liberty to disregard. We
cannot shut our eyes to the fact that the Gov
eruor and Council then in Office disregardcd
the opinion of the court given in answer to
| the Governors questions, omitted to revoke
the summonses illegally issued to men who
| did not appear to be elected, or to issue sum-
monses to men who did appear to be elected.
We know that the officers who presided in
the conventions Of the members elect of the
Senate and House on the first Wednesday in
| January, recognized as members of both
those bodies men who were unlawfully intro
duced into them by the unconstitutional aDt
illegal methods pursued by the Governor ant
| Council, and refused to recognize men who
appeared to be legally elected, and refused tt
permit any appeal from their illegal deci
sions to the bodies over which they wer'
temporarily presiding. The report Of tin
committee of the Council and the action o
the Governor and Council thereon, of whicl
we must take judicial notice. show that mel
we're thus admitted and excluded upol
grounds which this court declared in thei
answer to Governor Garcelon's questions l.
be untenable and illegal. 1t cannot be sue
cessfully claimed that there was ever quo
rum in the House of Representatives whic
undertook TO organize on the first Wednesda
Of January, without counting men who coul
; only appear to be elected, because the lat
: Governor and Council pursued modes whic
this court declared in their answers TO hi
questions to be unconstitutional, illegal an
void. These men were not in fact elected
They did not appear to be elected by the r.
turns canvassed in the manner IN which ii
constitution and Law, rightly interpreted, r.
quired the Governor and Council to canva
them.
We cannot recognize a House Of Repr
sentatives, to make q quorum in which, Il
presence of these men was necessary, ~
lawfully constituted body or capable Of pc
I forming any of the functions Of q House
Representatives, when due protest was MAJ
in behalf Of those who were in fact elect
by the people. In like manner the presen
r in the Senate Of men claiming seats to 4
: exclusion Of those whom . canvass legal
conducted would show to be elected. and
ing recognized ~ members Of the conve
ton BY the temporary presiding officer, VII
though protest against his illegal action v
made on the spot, refnsed TO permit an appt
from his decision to the convention Of 81
ators-elect, vitiatesl the organization of Il
body. We have only to rea firm the prin
pies We asserted in our answers Of Janus
!. l6, 1880. upon those subjects, in coming