Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-01-28
The Mnine War Ended.
THE SUPREME COURT REFUSES TO RECOGNIZE THE
fCSloNlST LEGISLATURE, AND DECLARES IT


The Maine War Ended.
THE SUPREME COURT REFUSES To RECOGNIZE THE
FUsloNlST LEGISLATURE, AND DECLARES IT
ILLEGAL
The supreme judicial court OF Maine last eve
ming gave their answer 10 the fuSionlsts unani-
mously declining TO recognize the fliSoIfiSt body
at Augusta and explicitly declaring the house
and senate now holding sessions In the state
house the legal legislature in Maine. The Judges
.ay: lille we cannot admit even by implica-
uon that the statement and questions now be-
ore US represent any legally organized lesiSla-
1--WE Dody, so as TO require any opinion
rom us under the constitutional provisions
article 6, section 81 we feel that we should be
omlttlng an important service which the people
OF ms DcoVed state, and the gentlemen who
have presented these questions presumably
from an honest desire To know their duty as
citizens In the premises might fairly expect OF
US were we TO TAIL TO give some OF the reasons
which compel us TO decline TO entertain and re-
Spond TO the aforesaid statement and questions
bas ed thcreupon. The solemn occasion Is indeed
here, and the unparalleled and omiuous events
In our public history which have occurred
within the last few months, but we are bound
TO declare that these questions are not present.
ed by legally constituted legislative body"
The Judges then recite the history OF the stIl-
alton and the decisions they had already rem
dered In support OF the republicans, and after
reverting to the fact that GOV. Garcelon and
council when in Office diSregarled the opinion
lhat had been rendered In response to their
questions they say: 1T cannot be successfully
Claimed that there was ever a quorum In the
house OF representatives which undertook to
organize In the first Wednesday in January,
Without counting men who could only appear
to be elected because the late governor and
council pursued modes which this court declared
in their answer to his questions to be unconsti-
tutional, illegal, void. The men We're not, in
fact, elected They did not appear to be elected
by the returns canvasSed in the manner in
Which the constitution and laws, rightly in
terpreted, required the governor and council to
canvass them. We cannot recognize house Of
representatives, to make a quorum in which
the presence OF three men was necessary, as a
10 nf
forming any OF the functions OF house of rep
resentatfyeS, when due protest was made in be-
nan OF those who We're in fact elected by the
people of Maine In like manner the presence
OF men in the Senate, claiming seats
TO the exclusion OF those whom a canvass
legally conducted, would show to be elected
and being recognized as members of the conven-
tion by the temporary presiding officer who
though the protest against his Illegal action
was made on the spot, refused to permit an
appeal from his decision to the convention of
SenatorS-elect, vitiated the organization OF that
body. We have only to reaffirm the principles
we asserted in our answer OF January 16, 1880,
upon these subjects" In regard to the question
whether there Is legally organized legislature
In existence entitled TO enact laws that must be
binding upon the people and courts OF the state,
they say: '.The organizations made on January
IL were made by majority Of members appear
ing to be elected and having prii,,a fucie rights
to seats The point is raised by statements and
questions submitted that no legal organization
could be formed on January H. because no
notice OF the intended action was given to the
minority or attending members so as to en-
able them to participate thereon. The minority
were not excluded. The organization was made
in public manner. The minority were at the
time claiming to be and are still claiming to be
the lawful legislature. 1t is not presumed that
they would have abandoned that organization
at that time had notices been given. We do not
think that want OF notice invalidates the organi-
zation OF January u. There may be irregulari-
ties In the manner in which such organizations
were formed, but the voice of the people on that
account Is not to be stiled. nor the true govern
nTf n fni1f ha nitNfn Hal
fects anywhere exist, but only such departures
from the ordinary forms as circumstances COM
PEELED. Two governments are claiming to be in
GAisience as valid and entitled to the obedience
OF the people. Both cannot rightfully exist at
the same time; but one government can De re-
cogDKed and obeyed. The responsibility and
solemn duty are imposed upon Us to determine
which Is entitled TO judicial recognition. We
therefore, after due elaboration and conStdara-
ton OF all the matters involved. affirm and de-
clare our judgment to be that the senate and
house of representatives whose presiding officer
is Hon. Joseph "A. Locke, and the house OF rep
ltsentatiHeS whose presiding officer is Hon.
George f. Weeks, constitute the legal conStitu-
tional legislature OF the State.'
WHAT THE ULTRA FUsIoNISTs SAY.
The more ultra OF the flSiOniStS say that the
court being adverse to their position, they will
adjourn in body, subject TO the call of Gov.
smith; that Mr.. Sawyer will continue to dis
charge the duties OF secretary of state, and all
the returns and other documents from fusion
towns will be sent In to him. They say not more
publican legislature. Their constituents are
bolstertng them up to this. Meanwhile they Will
memorabilia Congress. But conservation with
the more conservative element shows that this
opinion is entertained by but few.
GOV. SMITH sURRENDERS
Major Smith says he believes the controversy
has ended. He states that, while the previous
opinion OF the judges was based on the republic
can statement, there was room for reasonable
doubt, but in view of the fact that the court had
decided against them on a fusion statement,
n fri 1y gt1h nlft 10 cafd ha
had gotten 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.