The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1880-01-28
JUSTICE SPEAKS.
THE MAINE MATTER SETTLED.
Deeision of the supreme Court In
Favor of the Republican Leg
isIature-Every Point Clear
and Decisive.

to-day accepted the report of the CON-
mittee on the investigation.
The committee reported that they
had notified Wallace r. White, against
whom charges of bribery had been
made, to appear before them, but he
had failed to do SO.
Adjourned until tomorrow.
The senate did not have quorum.
and adjourned.
Boston, Jan. 27.-The Herald's Au-
eusta special says the arrival of body
of fusionists from Lewiston and Au-
burn will be followed this afternoon (if
the information received at the adju-
tant generals office is correct) by the
coming of company of seventy-five
Biddeford fusionists. Leading fusion
lists say any attempt to arrest officials
of their government will be resented
by force.
The governor has been urged to call
the Portland blues and Montgomery
guards here, and it has been suggested
to have them quartered in a hall near
that in which the fusionists meet.
The fusionist treasurer, White, re-
fused to allow the finance committee to
examine his books. He says he does
not recognize either government as
legal There is talk of putting him out
by force.
Augusta, Jan. 27.-The more ukra
of the fusionists say that should the
opinion of the court be adverse to their
position they will adjourn in a body
subject TO the call of Governor
Smith; that Sawyer will continue to
discharge the duties of secretary of
state, and all returns and other docu-
ments from fusion towns be sent in to
him. They say that not more than half
q dozen will take their seats i'm the re-
publican legislature. Their constitu-
ents are bolstering them up to this,
meanwhile they will memorialize con-
gress, but conversation with. the
more conservative element shows that
this opinion is entertained by but few.
Bangor, Jan. 27.-The supreme court
of justices to-day set forth their reasons
in answer to the fusionists questions for
declining to recognize the fusionist leg
islature. They say, while not admit
ting even by implication that any le-
gally organized body has submitted
these question, that they would be
lacking in duty if they should fail to
give reasons which may guide the citi-
zens in pursuing their duty. AS the
supreme court must eventually in all
cases like the present pass on the laws
which the so-called or actual legislative
bodies pass, it is proper that that tribu-
nal should consider at once, with or
without the question, which is the one
and only legislature of the two claim
ants.
The court says that large portion
Of this question has been decided in its
zanswers to Gov. Garcelon's questions.
BY these answers 1t appeared that
Gov. Garcelon and council in issuing
certificates of election to certain men
as senator's and representatives who
did not appear to be elected, and de-
Gliding to issue to certain others who
did appear to be elected, were in viola
tion of their legal and constitutional
obligations and duties. They cannot
ignore the fact that Garcelon disregard
ed the opinion of the court given in
answer to his questions. He omitted
to revoke the summonses illegally is
sued to men not elected, nor did he
issue summonses to those who We're
elected.
fusion branches of the legislature
recognized men as members who were
unlawfully introduced into them by
unconstitutional means, and refused to
recognize certain ones who were law
fully elected. 1t cannot be claimed
that the fnsionist house ever had a
quorum, without counting the men
whom this court had declared not
elected, and therefore they cannot
recognize the fusion house as legal
body. The same is true of the senate.
They then consider whether there is
in existence legal legislature, and
conclude that the organization made
peaceably on the 18th of January, (the
| republican house and senatel were
made by a majority of the members
appearing to be elected They tray
erse the point raised that the republic
can organization was illegal because no
notice of their intended action was
given the minority so as to enable them
10 participate, and say the -saiaasit5:
were not excluded, as the organization
was publicly made and the want of
notice didn't invalidate the organiza-
tion, and although the manner was
irregular yet the voice of the people is
not to be stiHed on that account, nor
The government fail to be maintained,
ana as full quorums were present the
houses were therefore legal bodies.
The justices conclude by saying that
they only perform their solemn duty in
deciding that the senate presided over
ny Joseph A. Locke, and the house
presided over by Geo. Z. Weeks are the
legal and copof;f,t;ooo1 I1-:.IuA 4