The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-02-03

leans special says the topic of conversation to-
night at the hotels and public places is the
forthcoming duel between State Treasurer
Major +. H. Burke and Major IL. j. Hearsy.
Burke, besides being State Treasurer, is the
editor of the New Orleans Democrat, the or
gan of the Democratic party. Hearsy, few
months ago, was editor Of the Democrat. The
difficulty arose from newspaper discussion
regarding the contract for city printing, which
was awarded to the Democrat. Major Burke
was challenged by Uearsy and the challenge
promptly accepted yesterday. The seconds
are busily occupied in arranging the details
of the duel, which is arranged to take place
tomorrow morning. peaceable settlement
OF the affair is regal ded as impossible.
BosroN, Jan. 27.--Thc Ue'alds Augusta
special says: The arrival of the body of
Ftlsionis,s from Lewiston and Auburn will he
followed this p. H., if the information receiv
cd at the Adjutant Generals office is correct,
by the coming of a company Of scventy-tive
Bid1etOrd Fusonists Leading FusiOnistS
say any attempt to arrest the officials of their
Government will be resisted 10y 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 tie hail near that in which the Fuslonisls
meet. The Fusiouist treasurer White, re-
fused this forenoon to allow the finance COM
recognize the government as legal there is
talk OF putting him out by force.
WASHINGTON, Jan. Z7.-The consul gen-
eral at Melbourne writes the State Depart
ment December 1st that several companies
have been formed to develop the production
of petroleum, found in large quantities and
OF good quality in various parts Of the colony.
The trade Of the United States with Australia
is only four per cent. Of the total trade of the
latter with all countries. With Great Britain
it is over seventy millions dollars; with the
L tnited States less than S., 900, 900.
WASHINGTON, Jan. 27.-Randolph, from
the committee on military affairs, reported
the bill already published for the relief of
FitZ john Porter Logan made a minority
report. He dissented in toto from the pre-
ambe on the grounds. first, that the President
had no authority to organize a commission
to examine the case by taking er parte testi.
mony secondly, that the action of the court
martial is not renewable by Congress third
ly, Congress has no right to pay person foi
services not rendered because of exclusion
from the army. The bill was placed on the
calendar.
Edmunds offered a resolution, which was
agreed to, nstructing the committee on Judi
clary to enquire whether in settlement OF
adjustment between the United States and the
railroads mentioned or provided for in the ac
of February %, 1875, to provide for a settle
ment with certain railway companies if an,
discrimination or difference of treatment ha
been made by the United States officers il
favor of one or more such companies a
against Others and, if SO, what further legis
ton, if any, OH the subject is expedient.
Pendleton introduced bill to authoriz
the appointment of one of the medical in
spectors in the navy to the office Of Chief &
| La IN of aIinina and SurC,.Ar\- and
remove the disability of the present incun
bent. Consideration Was then resumed {
the joint resolution introduced by Bayard t
withdraw the legal tender power Of Unite
States notes. Bayard spoke in favor of tn
resolution.
The Decision.
BANGOR Jan. 27.-The Supreme Coul
justices to-day set forth their reasons il an
wer to the FusionistS' questions for decliniIl
to recognize the Fuslonist Legislature. The
said, while not admitting even by inmplc;
j ton, that any legally organized body has sui
mttel to them any questions, yet the
would be lacking in duty should they fail I
give reasons which may guide citizens in pl
| suing their duty, as the supreme Court mu
eventually, in all cases like the present, pa:
upon the laws which sO-called Or actual legi
ative bodies pass. 1t is proper that this Il
r without question which is the one and on
Legislature of the two claiming that dstin
ton. The court says that Il large portion
t this question has been decided in its anSw
to Governor Garcelon'S questions by the
f answers it appeared that Governor GarcelC
, and the council issuing certificates OF electic
; to certain men as Senators and Represent
tives who old not appear to be elected, al
l declining issue to certain others who did Il
: pear to be elected, were in violation OF the
S legal and constitutional obligations and d
t ties. They cannot ignore the fact that Care
lon dsregarded his question, and omitted
g revoke the summonseS illegally issued
: men not elected, nor did he issue summons
a to men who were elected. Officers who preSi
i ed in the Fusion branches OF the Legislatul
: recognized men as members who we
d unlawtully introduced into them by unco
d stitutional means, and refused to recogni
S certain men who were lawfully elected.
y cannot be claimed that the Fusion Hou
It even has a quorum without counting N
Y whom this court had declared not electe
5 and therefore they cannot recognize lie +
e sion House As a legal body, and the same
true OF the Senate. They then consider
" neither there is in existence Il legal Legis
= tIlre, and conclude that the organization ma
e peaceablv Oh the 18th of January. of Il repuu
can House and Senate, were made by Il IL
IL iorty of members appearing to be ciectt
't They traverse that the point raised that the
publican organization was illegal because
e notice of intended action was given the l
Is nority SO as to enable them to participate. a
1t say the minority were net excluded; the
of ganzation was publicly made; want o; not
a did not invalidate organization, although
1t manner was irregular. Yet the voice Of
le people is not being sihcd on that accou
nor the government fail to b" tnantain
at Full quorun:s were present. and the hou
d, were therefore legal bodies.
'e The justices conclude by saying they o
10 perform Il solemn duty i'll deciding that
$, Senate presided over 10y Joseph a. Locke, {
at the House presided over by Geo. Weeks
I'd the legally constituted Legislature Of
state. All the justices sign the decision.