The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-18
The Republican Legislature Elect Davis
Governor, and He Ia Recognised
by Gen. Chamberlain.

BANGOR Jan. IT, The Supreme Judirla
Court will send 70 the Republican Leaialatnr
to-day its reply 10 the auestIonp euhmitte'
by that body touching the legality uf tn
Fusion Legislature. Tho decision general,
Huetaina tho Republican position. They say
To question /. Auawer- An election hal
been had by electors uf lhIs State. The right
of the several peraena voted for depend upot
the votes cast IN accordance with the cOnEti
tuition and laws of the State. II was the dut
ofthe Governor aud Council thup tn dorlar,
it: any declaration Of the vote not thus as
certained and declared n nnauiholia Il AM
void. The Governor aud Council examined
the returns and undertook "a declare the re
suit as Il appeared b., tho returna, Variout
questions involving a true construction IL III,
constitution and atatutfA relating therpt,
arree, and the Governor, by virtue Of Ills
constitutional prerugaiiva. called upon this
court for Its opinion upon the qnretiohs pro
pounded by the constitution, Inc court was
required To eSpouud aud ounattaa tha pravl-
atona OF the constitution and statutes in
volved. 1t gave full answers af these
questions The apulan OF the court was
thus obtained in ono of tho mudoa provided
In the constitution for authoritative de-
termination Of important aueettous of law
The law thuH determined i4 ~ conclusive
guide OF the Governor and Council IN the per.
formance Of their ministerial dutiea. any ac-
tion on their part tn determinin9 the vote as
IL appears by rnturna. In violation OF the pro-
Visions Of the constitution and laws aa thua
declared, ia a usufpation of authority aud
must be held void. II nuly femaina TO apply
theae principles to thu auhiacta embraced in
the Quastiuns prepnunded. Ihe Governor
and Council have no tight 20 summon N per
son TO attend aud take nia seat III the SAuate
or House Of Representatives, who hy tho ~
turns before them was not voted fur, or henH
voted for was defeated 10 artn mon one for
whom no vutea hss been raat would he u tiA-
llherate violation OF official duty. IL sum-
mons these whom Returns show were not
elected would be equally auGh violation,
Either would he tntrudeia without right into
the Legislative body. The summons thus
given would be void. "a Ia excean of any pow
efs conferred hy tile constitution. Grant
this power and the right OF the people 10 elect
their officers Ia at al Cnd.
Questions two three and four These a1es-
none may be answered together. The answer
70 the fret question covers much of tho
ground embraced by these questions. The
hulder Of summons which are void tor reason
that the Governor and Cnuncil failed 10 cor
rectly perform constitutional obligation
resting upon them, have no right tN take patt
In the organization or in any subsequent pro
ceeulnGs Nf the house IT, which they aro
u
members The members rEhtfully elected,
however, as shown hy thu official retAna and
opinion of the court upon the pros ,ittous
heretofore submitted by the Governor
elect are entitled 10 appear now and act
In organization Uf the house To which thew
belong, unless the House and Senate III
Judging of the election and qualification of
members shall determine "a the contrary. A
member without u summons, who appears
10 claim his seat, ts rtabd faGif entitled 10
thHAf fi.Nti ii lthF
aeuMmons, He il not a. he drprivcd Of the
position belonging To him on account IL dere
Hetion OF those whose duty IL was tp have
given him the usual summons. The ahseuceI
of that evidence may he suppiiad by other evil
aence of membership. the House and Spu-
ate have the same right {" consider and de-
'Sermtne whether In the titst instance such
persons appear To have been elected, and
finally whether they were ia iact elected AS
they have OF any ans all persons who ap-
spective bodies. Under the facts recited in
the statement submitted to III, we are ~
the opinion that Lewis Voter tnd his asso-
eiates first named Ia the third question
were not entitled TO act, and that Cyrus A.
Thomas and his associates lastly named III
said question were elected 10 act In the House
as members, and that Daniel w. True aud
those tirst named In the fourth question were
not entitled 30 act, and that Aeirew Hawes
and others with him named We're entitled to |
act as members Of the Senate. III neither
case did the Senate or House itself act upon
the question OF their membership. Both !
Senate and House. meaning the bodies as-
eembled to be organized as such, were de-
barred from any action thereon by the con- |
duct of the presiding Secretary and Clerk. |
The assumption OF such officers that no q les |
tion should be entertaiDei relative H. the |
rights OF persons whose names are not upon |
the rolls furnished by the Secretary Of State, /
out who were claimants VI seats. Was nuwar-
rantable.
II only remains to apply these principles |
10 the subjects embraced In the qut stuus |
On this basis the court answers s |
favorahly to the Republicans the various
questions.
LAMsoN GUARANTEES THAT THE FUSION LEG !
IsLATURE CAN MREr WITHOUT INTEL
FEREACE.
AUGUSTA, Jan. 1.-THE Republican Sen I
Ators aud Representatives Will meet this af- |
fernuon at the State. House, ana should the |
opnton OF the court sustain their position
lney will continue the work Of legislation.
Many Fusion members will be glad when the .
knatteT culm mates and the suspense Is
sn,roken. and will participate with the Repub- I
MIR. Lamson, President of the Senate. has
Rddressed the following to Gen. Chamberlain:
lguarantee that the body which assembled
70 the House of Representatives on Monday
tast and adjourned 10 2 o'clock to-day. and
tne body which met In the Senate chamber I
I'D adjourned to meet at the same time. can
Eaeet at that time In their respective houses
without Interference from any party.
JAS. ID. LAMSoN.
Three companies OF militia are under orders
EENom Gen. Chamberlain, but will not be
prolght to the city unless needed. The Capt.
Loi Guards, Of this city. are ordered to appear
u their armory at O'Clock this morning
Ihe answer OF the Supreme Court TO the
l0estions of the Republican Legislature were
'eaa In the Senate to-day.
Ihe Secretary of State refused TO give up
ne gubernatorial returns to the joint COM
William nj. Sargent has declined an ap-
ointment on Gov. Smiths staff. Bsng q I.