New-York tribune., 1880-01-17
THE DECISION.

afternoon"
TIE DECISION.
BANGoR. Ne. Jan 16.-To-mOuOw morning the
snboined document will be forwarded by the SUI
ureme Judicial Court to Augusta. 1t is addIesSedto
"The Hon. Joseph A. Locke President OF the
Senate. and the Hon. George f. Weeks
Sneaker of the House Of Representatives,
. and opens with the following sentence ::
"The undersigned Justices of the Supreme Judi
cial Court have the honor to submit the following
answers to the interrogations proposed, and based
upon the ACCOMPANYING statement Of factS' lihe
onestions submitted by the Republican Legislature
were printed in full in TIE TRIBUNE OF thursday,
the 18th inst. The questions are answered IN the
order in which they were numberedl:
l. An election has been had by the electors of this
State The rights of several persons voted Tor de
pend upon the votes cast in accordance with
he Constitution and the laws of the
State. 1t was the duty of the Governor
and Council thus 20 declare it, Any declaration of
lhorized and void. The Governor ana Codncl
examined the returns and undertook 10
declare the result as 1t aPPS3rCq tbS by tTne rne
construction of the Constitution and the
statutes relating. thereto arose alii and .. the
IrSrorsiye called upon this Court for its opinion
npon the questions ,propounded. BY the pro, pro,
visions Of the Constitution the Court s9r,,d
The provisions of the Constitution and statutes IN
voyed 1t gave full answers to those ques'lohs
The opinion Of the G CoIrt rayiddd WAS ,l" in tbc fp
Constitution for an authoritative Tb
Of important questions OF law" Inc
law thus determined s the conclusive guhe
performance of their ministerial duties
Any action on their part in determining the vote as
il onDears v the returns in violation OF the proVls-
Ions of the Constitution and law thus declared IS
a usurpation of authority, and mnst he held
void II only remains to apply M those P,uc'ps pro
pounded. The Governor aud Council have no right
to summon a person TO attend ana TAKE ms
seat in the Senate or House of Representatives VINO
bv the returns before them was not
voted for, or being voted for was de-
ieated. 10 summon one for whom nc, no
votes had been cast would be deliberate violation
Of official duty; to summon tho|,e WhoII ., We ,i
returns show were not elected would be equally
such violation. Either wGuld be intIudcrs viii
out right into the legislative body. The summonscs
Tins given would be void, as IN excess o1 any
powers conferred BY the Constitution. Grant the
power and the right Of the people to elect then ON
lid, Hid and Ivth-The III, lid and lXth
questions NAV be answered together. The
answer to tie first question covers much
Holders 5ng Of summonses which are void,
for the reason hat the Governor and ConI falied
to correctly perform the constitutional obigation
resting upon them. have 10 right to take part III
eeedings eS az Of the the House, to which they
fact members but members righttully eldcted, rs
shown by the official returns and the opinion
of the Court upon the propositions heretofore orc
nresented by the Governor to the Court. are en-
titled TO appear now and act III the organ
ization of tie Houses 10 which they bclong' unless
the House and Senate, In judging ,o1 the
election and qualification Of members, shall deter
mine 10 the contrary. A member without
summons who appears 10 cram MS oos;1 Seai
Grafton with member wh0 has sum
mons He is not to bc deprived OF the position De
longing to him on account OF the qeledc'"n @ 'Ye, o
him the usual summons. The absGhc99
of that evidence may PC Pe uSiId smppiieG ar,S
Senate have the same right TO consider ana deter
mine whether in the first instance shch persons
appear to have been dctt eefdo' ne ahc Ih blye S G
any and an the persons who appear fol
The pnrpose of composing their respective
bodies Under The facts recltea t th ID auir,nT tnc
that Lewis Voter and his associates MIST named II
the third question were not entitled 10 act; ana
that Cyrus A. Thomas and his associates iastiy
In the Uouse as members; and that Daniel w. True
and those first named IN the 1OGIn fbnt kndrew
Hawes and others with mm named were
eatItled to act rs members OF lle orHa'e lc
ln neither case did the Senate or nousc I'LL
Both the senate and Housc-meanlng th'
bodies assembled to be organized as such-"GL' err
debarred from any action thereon 9y ,Ih'
conduct of the presiding secretary and clerk IL ~
nssuption of such officers that no question should b
entertained relative TO the rights Of persons wh0S
names are not upon the rolls furnished b'
The Secretary of State, but who were claimants 20,
seats. was unwanantable. The statute OF lool
embodied in the Revised Statutes CHAP 2, sec
~ cannot preclude either the Senate,
House from amending and completing the rolls
membership according TO the facts Eacl
House has the constitutional right to organ
izs ITSELF The form provided 10
sid aud convenience in eilectng the organization
Goes not confer upon Temporary presiding DIN
svon nvrer q &
carefully consider the Act Of 1869. g. 81
INCORPORATED into r. s. G. 2. chapter 20. and so ia
as 1t declares that no person shall b
allowed to vote or take part in III
organization of either branch OF th
Legislature member. unless IN
pane appears upon the certified roll of tina
branch of the Legislature in which h
claims TO act. think il clearly repugDan
e the Constitution, which declares thai eacl
house shall he the judge of the election and qual
cation OF ITS own members. 1t aims to control tn
sstlon OF each within it's constitutional powers I'll
ster fuli organization with majoIli.
aetermined and fixed by the Cover
sor and Council. By their action il