New-York tribune., 1880-01-09
1 HnGlS LLGLNLlTrRE.

i
The conspiracy III Maine has not yet accom-
plishcd its purpose. Not vote has been taken
with the quorum which the Supreme Court, IN
its latest decision, declared to bc requisite.
Nevertheless the Fusionists propose 10 90 on
with the election of State officers, the admis-
sion or exclusion of members, and the passage
of laws, as if the validity of their ,o-callcd
Legislature were undoubtcd Surely such a
course was never pursued before in any civil
lied community. II must bc known 10y every
member who acts with the cOusp;rators that
nothing can be- done by such Legislature rs
this which the Courts Will hold vahd. Lack
ing a legal quorum, this body simply insults
the people Of Maine by pretending 10 have n
LEGAL existence aud authority to act IN their
name Disorder, disturbance and ufcrminable
litigation will grow ont of amy attcmp, by such
body to exercise legislative power, and no
man can estimate the injury % The rights and
interests Of the people of 3iainc which bogus
Legislature may do IN single week.
The wrong is not without Il remedy. The
pretended Legislature may bc snyc that every
step or act which anybody may cuIc % resi- {,
will he declared invalid by thc Courts. The
case of Bashiord tS Barstow, memorable IN
the history of Wisconsin. illustrates a remedy
TO which Republicans of Maine may resort.
Barsiow had been declared elected and bad
entered upon the duties OF the office Of
Governor. but upon appeal 10 the Courts
he was turned ont, and his opponent was
declared elected, and proceeded 20 administer
the Office. Against any fraudulent choice OF
Governor, by the fraudulent Legislature now
sitting at Augusta, an appeal can bc taken
with great confidence, since the highest judi
cial tribunal in Name has just declared that
seventy-six members are necessary to cOnsu-
tutc "A legal House of Representatives. The
withdrawal or refusal to vote, of a sit gle mem
Der of those qualified will leave the House abb
solutcly incompetent to take any action what
ever, and it has been shown that several Of the
members qualified refuse 10 take any pant
in the proceedings. In the absence Of legal
quorum no act can be passed which any good
citizen Will be bound to respect; nor can
such body choose any official whose author
ity any person will be under obligation 10
recognize.
Indeed the remedy would doubtless remain
the same even though the quorum required
by law should be temporarily secured. That
quorum can be secured, it Is plain, only
by the exclusion Of persons who are
plainly entitled to seats. and by the
admission of persons who. under the
recent decision Of the Supreme CONT
have no right TO exercise any of the functions
of legislators. Scyenty-siX law fully elected
members are needed to form quorum
Ffty-sx lawfully elected members, and
twenty usurpers, who take seats in defiance of
law. cannot exercise any power whatever In
reality. they have no more authority as legis-
lators than any unauthorized mob on a street
corner. Their proceedings can have no more
validity than the action of sevcnty-Six
conyIcts vino might meet in State
prison and organize mock Leg
islature In some form the validity of tine
action of such a body will undoubtedly be
tested at once, and before the very Court
which has 30 cmphatlcally denounced as unlaw-
ful the dongs of the Governor aud the Coun-
cd. Nor can there be any doubt that the
Court will hold that body composed of fifty
six mewbess who were legally elected, and
twenty persons who were never elected at all,
is not in any sense House of Representatives,
and cannot form part of Il Legislature.
The cOnspratOrs seem to have overlooked
one phase of the matter Guilty intention has
ripened into criminal acts. BY suffering them
to organize House, and then TO exclude mem
bcrs who were clearly elected, the Republicans
have permitted the Fusioniss to commit overt
acts which may cost them moro than they now
suppose. Evidently the leader of the Repub-
lcans could have prevented the organization
of the House, even for temporary
purpose, if he had seen fit TO refuse
to qualify az n member. Had there been no
good reason for testing the purpose of those
engaged in the conspiracy, Mr. Hale wonld
hardly have enabled the Fusionists TO make
even the pretence of an organization. Per-
haps it may occur TO them that they have
been given power enough 10 put themselves
within reach of the law, but not enough to
do any mischief They are engaged in an I'M
lawful and yillanous conspiracy, which It is
quite possible that the law may yet
punish. individuals and communities have
been robbed of their legal rights, not by error
i'll constituting the law, but by deliberate and