Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1880-01-21
The Maine Problem Solved.

our intelligence from Maine last week
left the Republicans in quiet possession of
the state house, with quorum in both
branches, duly qualified before a justice Of
the peace, and with officers regularly chosen.
The qualification before a justice was un-
questionably illegal, as the constitution re-
quires it to be done before the governor and
council. This was impossible in this case
because there was no governor and council.
In certain contingencies the constitution
makes the president of the senate acting
governor. But there was no legal president
of the senate, for by the decision of the
supreme court the fusion legislature was not
a legal body, and could not, therefore, legally
elect president of the senate. The state
was thus left without governor, real or
acting, and without legally-constituted
Legislature, though with two organizations
claiming to be such. Beyond organizing.
the Republican legislature had thus far done
nothing, except the adoption of resolution
to submit to the supreme court the question
of the legality of their body and its acts.
This it did in the form of twenty-seven dis
tinct questions upon which it desired the
decision of that body
Wednesday and Thursday were spent in
skirmishing on the part of the fusion leg
islature. The president of the fusion sen.
ate, by note, undertook to displace Gen
eral Chamberlain, whom Governor Garcelon
had placed in charge of public property;
but the level-headed general replied that to
obey his order would be to recognize the le-
gality of his election, which could only be
done by the supreme court.
On Friday the fusionists got their cour-
age up to the sticking point and chose
Greenbacker Smith governor, after getting
a quorum by unseating several Republicans
who had received certificates from the gov.
ernor, and seating fusionists in their places.
The farce of Inauguration was Immediately
enacted, and the alleged governor received
the oath and read his inaugural. Soon after
he issued an order relieving General Cham
berlain and commanding the militia to obey
no more of his instructions. At this juno
ture the decision of the supreme court upon
the questions submitted by the Republican
legislature was promulgated II sustained
the Republicans al every point 1t sets out
with the declaration that the formers opin-
ion, given at Governor Garcelon's request,
ought to have been regarded and obeyed by
him. In reply to the question last submit
ted, the court says: Certificates given to
those whom the returns show were not
elected are deliberate violation of official
duty and are void, otherwise the right of
the people to elect their officers is at an end F;
holders of certificates which are void have
no right to take part in the organization or
subsequent proceedings of the branch TO
which they are wrongfully summoned; a
member without summons who appears to
claim his seat is prima tdcie entitled to
equal consideration with member who has
a summons, and is not to be deprived of his
, position by the dereliction of those whose
duty it was to summon him; the assump
ton of the clerk lin the organization Of the
house) that no question should be enter
tanned relative to the rights of persons whose
names are not upon the rolls furnished by
} the secretary of the state, but who claimes
seats, was unwarrautable, and the stat
/. ute from which his authority was derived
r is repugnant TO the constitution, ant
: strikes death blow to popular government
T. it was the duty of the governor aud council
9 to correct returns as provided by the act o
e 1877; an organization of the senate o
!. house would be illegal and void, if oh
J. lection was made TO the admission OF lille
n gally-summoned persons; no business ca
, be done nor motion put, except TO adjourn
/ unless a quorum, consisting OF seventy-si
r in the house and sixteen in the senate,
IS present and votes, nor can less numbe
d compel the attendance Of absent members
It the qualifying oaths under the constitutio
,r or statute may be administered to the men
h bers-elect Of either branch in any number
N but quorum must be qualified before I'll
al election of a speaker; the term Of Office
&. the governor and council expired at mi,
10 night following the first Wednesday of Jal
&c usry, $780, the qualifying oaths may
It, taken before magistrate in case there 10 l