Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-01-28

1 the people and the courts OF tne o'ato' L uo
action of those controlling proceedings on the
first Wednesday of January Sth, has not been
| acouiesced in by a quorum of those appearing
to have been elected to either house. 1t is
| matter of history that after unsuccessful re-
sistance to the illegal action OF the OH
GERS attempting to create legislative
organization on that day, majority OF per,
sons who appeared to be elected IN the second
| houses, formed an organization OF themselves.
They refrained from forming an independent
organization till the 18th of January. hoping
| until then to obtain their rights. They were
forced into such position by the illegal acts
Of a minority of members whose action they
were not obliged to submit to, which they
could in no other reasonable manner resist.
| The organizations made on January IL were
made by q majority of members appearing to
be elected, and having prima facie rights to
| seats.
The point is raised by the statement and
questions submitted, that no legal organiza-
ton could be formed on January IL, because
no notice of the intended action was given to
the minority or non-attending members 80 as
to enable them TO participate therein. The mi
nority were excluded. The organization was
made in public manner. The minority were
at the time claiming to be, and are still claim
ing to be a lawful legislature. 1t is not pre-
sumed that they would have abandoned that
organization at that time had
notice been given. We don't think
that want of notice inyalidates the organiza-
ton of January 12 There may be irregulari-
ties in the manner in which such organizations
were formed, but the voice of the people Is not
on that account to be stIfled nor the true gov
eminent to fail to be maintained. No essential
effects anywhere exist, but only such departures
from ordinary forms circumstances COM
PEELED. History can never fail to disclose Inc
vital fact that the organizations Oh Jan. IL
were formed by full quorum of persons ap-
pearing by the records and returns as duly
elected members of either house.
1t cannot be that such a construction must
be given to the constitution of the State that
subverts the plain and obvious intention of its
trainers, or places it in the power of 6 few men
to perpetuats their hold on the offices in the
gift of the people in defiance of the will Of the
voters constitutionally expressed and ascer-
tanned, because their own neglect OF duty has
made some departure from the directory pro-
visions and ordinary forms inevitable.
A legally organized legislature being now
in existence and exercising its constitutional
functions, it follows that no convention of
mem bers elect of either house can exist which
can be treated as nucleus for another organ
zation. Two governments claim to be IN exist
ence as valid and entitled to obedience OF the
people. Both cannot rightfully exist at the
same time. But one government can be
recognized and obeyed. The response
billty and solemn duty ID imposed on us
to determine which is entitled to judicial re-
cognition. We therefore, after due delibera-
ton and consideration of all matters involved,
affirm and declare our judgment to be that the
senate wkOse presiding officer is Hon. Joseph
4. Locke, and the house of representatives,
whose presiding officer is Hon. George e.
Weeks, constitute the legal and constitutional
legislature of the State.
(Signed,) JOHN APPLETON,
CHARLES w. WALTON,
VIM. &. BARROW,
CHAS. DANFORTH,
JOHN A. PETERS,
ARTEMUS LIBBEY,
JOSEPH w. SYMoNs,
To Albert G. Andrews and 81. II. Cheever,
Esqs., Augusta, Me.
FUSIoNIsTS DISPERSED.
AUGUSTA Jan. 27.-The Fasionists are very
much depressed at the receipt of the news from
the court. Major Smith said that he believed
that the controversy had now ended. He said
that while the previous opinion of the judges
was based on the Republican statement there
was room for reasonable doubt but in view
of the fact that the court had de-
cided against them on the Fusionist statement
they could but gracefully submit. EIe had got
through playing governor and should go home
Major Smiths views will be adopted by the
better part of the Fusionists, who will take
their seats IN the Legislature. sawyer says ne
still considers himself secretary of state.
Henry Ingalls,, leading member of the
Fusion house, says he is not prepared to give
an opinion tonight but has always been in ia
v0r of yielding to the court.
FUsIoNIsTs RALLYING.
BOSTON, Jan. 27.-The Her0lPs Augusta
special says the arrival of a body of Fusion
lists from Lewiston and Auburn will be fol-
lowed this afternoon, if the information re-
ceived at the adjutant generals office is
correct, by the coming of company of
seventy-fve1 Fusionists from Biddeford.
Leading Fusionists say any attempt to
arrest officials there by the government will
be resisted by 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 the
hall near that in which the Fusionists meet.
MASTER OF THE SITUATION.
The Fusionist treasurer, White, refased
this forenoon to allow the finance committee
to examine his books. He says he does not
recognize either government as legal. These
Is talk of putting him out by force.