National Republican. (Washington City (D.C.)) 1872-1888, 1880-01-17
THE END NIGH.


BANGOR, ME-, Jan. 16.-The following doc
ument will be forwarded by tho Supreme Ju
dicial court tomorrow morning addressed tC
Hon. Joseph A. Locke President Of the Sen
ate, and Hon. George H. Weeks, Speaker Of
tho House Of Representatives, Augusta, Me:
BANGOR, Me-, January lG, 1880.
The undersigned, Justices of the Supreme Judi
cial Court, have the honor TO submit the following
answers TO the interrogatories proposed and based
upon the accompanying statement of facts:
by the electors of this state. The rights of the
several persons voted for depend upon tho votes
cast in accordance with the Constitution and laws
of the State. 1t was the duty of the Governor and
Council thus to declare II. Any declaration of the
vote not thus nscCrtnined and declared is unau
thorized and void. The Governor and Council ex.
amned the returns and undertook TO declare the
result as appeared by the returns. Various ques-
tions involving the true construction of the cOnstl
tuition ana statutes reetng thereto arose ana the
Governor, by virtue of his constitutional prcroga-
tive called upon the court for its opinion upon the
questions propoundcd. by the provisions of tho
Constitution the court was required to cxpound
aud construe the provisions Of the constitu.
ton and statutes involved. 1t gave full an.
swors to those questions. The opinion
to provide the Constitution for an authOrltive de-
termination OF important questions of law" The
law thus determined Is the conclusive guide OF the
Governor aud Council In the performance of their
ministerial duties Any action on their part in de.
ermining the vote as lt appears by the returns In
violation Of the provisions of the Constitution and
law thus declared Is a usurpatiOn of authority and
must be held void, IL only remains TO apply those
principles to tho subjects embraced In the ques.
tions propounded. The Governor and Council
have no right to summon person to attend aud
take his seat In the Senate or House of Representa-
tiyes, who. by the returns before them,
was not voted for or being voted for
was defeated, 10 summon, one for whom
no votes had been cast would be deliberate
violation Of oiiicial duty. To summon those whom
equally such violation. Either would be in
rudors without right, into the legislative body.
The summonses thus given would DO void as IN
excess OF any powers conferred by the Constitu-
tiOn. Grant this power and the rights of tho peo-
po to elect their officers is at an end.
QUESTION ?, aud 4. Answcr-The second third
and fourth questions may be answered together
The answer to the first question covers much OF
the ground embraced by these questions.
for the reason that the Governor and
Council failed TO correctly perform tho Consti.
tutlonal obligations resting upon them, have
no right TO take part In the organization
or In any subsequent proceedings of the House to
which they are wrongully GerIihcatod, They are
not In fact members but the members riehtiully
elected as shown by tho official returns aud the
opinion of the GOnrt upon tho proposition hereto
fore by the Governor presented to the court, are
entitled to ooppcTnow and act IN the organization OF
the Houses 10 which they belong, unless the House
and Senate in Judging of tho election aud quail
Acation Of members, shall determine to the CON
trary.
to claim his seat Is primo fdcis entitled TO equal
consideration with member who has sum
mons lie IS not 10 DO depllNtu OF ule posi-
ton belonging 10 him on account of the
dercliciiOn of those whose duty II was
to have giyon him the usual summons,
The absence of that evidence may be
supplied by other evidence Of membership, The
House and Senate have the same right 10 consider
and determine whether, in tho first instance, such
persons appear to have been elected, and finally,
whether they were in fact elected as they have OF
any ana all the persons wh0appear nor the purpose
of composing their respective bodies. Under the
mcts recil0d IN the statement submitted TO us we
are Of tho opinion that Lewis Voter aud his assO-
entitled TO act aud that Cyrus A, Thomas ana his
associates, ostly.named In the question, were ent
True and those hrst named In the fourth question
were not entitled to act, aud that Andrew Raves
and others with him named were entitled to act as
members OF the Senate, In neither case did the
50nate or House itself act upon the question Of