Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1880-02-05
END OF THE MAINE TROUBLE.

The Fusion Legislature of Maine, after a
prolonged secret session on Wednesday of
last week, adjourned to meet on the first We'd
nesday in August next Many Of the men,
bers went to their homes not to return to
Augusta before that date; others went to
their districts for instructions as to joining or
remaining out of the State House Legisla-
ture, and others of the Fusionists went over
Immediately to the Republican Assembly.
The Fusion Governor Smith, and Mr. Tai
bott, Speaker of the Fusion House, have also
gone to their homes
The Supreme Court, in rendering their
decision on the questions submitted by the
Fusionists, say:
The Court cannot admit, even by implica-
ton, that the statement and the questions be-
fore it are presented by any legally organized
Legislature, so as to require the Courts opin-
ion, under Article 6, Section 3, of the Con-
stitution. Presuming, however, that the gen.
tlemen who ask the questions have an honest
desire to know their legal duty as citizens, the
Court will give some of the reasons why
it cannot entertain or answer the questions
presented.
When two different bodies of men, each
claiming to be the Legislature of the State,
appear and assert their right to enact laws
for the people. it is the obvious duty of the
judicial department to inquire and ascertain
for itself with or without questions presented
by the claimants, which of those bodies law.
fully represents the people, whose enactments
lou yhoca &c tow
it will enforce, &c. This Court is bound to
take official note of the doings Of the execu-
tive and legislative departments of the gov
ernment, and when called upon by proper
authority, to pass upon their validity, we are
bound to take official notice Of historical
facts and matters of public notorety and in
terest transpiring in our midst We cannot
accept statement which asserts as facts
matters that are in conflict with the record
and with historical facts. We cannot shut
our eyes to the fact that Governor Garcelon
and Council disregarded the opinion of this
Court given in answer to the Governors
questions that they omitted to revoke the
summons illegally issued to men who did not
appear to be elected, and to issue summons
to men who did appear to be elected. We
hHoW LliaL LHe OulCeiS VIII piesiueu III tHe
convention of members elect Of the Senate
and House, on the first Wednesday in Jan
uary, recognized as members men who were
unlawfully introduced by the unconstitution
al and illegal methods pursued by the Gov
ernor and Council, refused to recognize men
who appeared to be elected, and refused tc
permit any appeal from their illegal de-
cisions to the bodies over which they tempo
rsrily presided. Such actions vitiated theil
organization.
We have only to reafirm the principles We
asserted in our answer of January 18th upor
these subjects, in coming to the conclusion
that the bodies propounding to us the forego
ing questions are not the legally organized
House Of Representatives and Senate under
the Constitution of the State.
The last act of the Fusionists is recorded
in the surrender of P. A. Sawyer, Fusion Sec
retary of State, who had established hi
office and retained possession of valuable
State papers. At 5 P. NJ, last Saturday
Sawyer delivered to the Republican Secretary
of State, the State seal and returns of vote
for Governor, county officers, Senators ant
REPRESENTATIVES, council records and all re