Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1880-02-05

We have only to re affirm the principles
we asserted in our answers Of January l6,
1850, upon these subjects, In coming to
the result that the bodies propounding to
us the foregoing questions are not n legal
" organized House Of Representatives and
senate under the Constitution Of this
State.
1t remains to be considered whether
there Is legally organized Legislature In
existence, entitled TO enact laws that must
be binding upon the people and the Courts
OF the State. The action of those control
ling the proceedings on the first Wednes-
day OF January, 1880, has not been ac-
quiesced In by n quorum OF those appear
ing TO have been elected 10 either house.
IL Is matter of history that. after unsuc-
cessiul resistance to the Illegal action OF
the otiicers attempting TO create the legis-
lat've organization on that day, majori-
" ot persons who appeared to be elected
to the two houses formed an organization
Of themselves. They refrained from form
ing an independent organization until the
18th OF January. hoping until then to ob-
tain their rights In some other way. They
were forced into such position by the
Illegal action OF the nsjority of members,
whose action they were not obliged to
submit TO and which they could in other
tions made on January l2th, were made by
msjority OF the members appearing to
be elected aud having the primq facis
right to seats. The point is raised, by
the statement and questions Submitted,
that no legal organization could be formed
on January leth. because no notice OF the
intended action was given to the minority
or non-attending members so as to enable
them TO participate therein. The minority
were not excluded. The organization was
made IN a public manner. The minority
were at the time claimln. to be. and are
still claiming TO be. the lawful Legislature.
IL Is not 10 be presumed that they would
have abandoned that organization at that
time had notice been given. We do not
think that the want OF notice invalidstes
the organization OF January the 18th.
There may be irregularities in the manner
In which such organizations were formed;
but the voice OF the people is not on that
ment 10 fail to be maintained.
No essential defects anywhere exist, bu,
only such departures from ordinary forms
ss circumstances compelled. History can
never fail TO disclose the vital fact that the
organizations OF January the 18th were
formed by full quorums OF persons appear
Ing by the records and returns as duly
elected members OF either House. II can
not be that such construction must be
given TO the Constitution OF the Stat. as
Will subvert the plain and obvious inten-
hon of It's trainers, or place 1t In the pow
or OF few men 10 perpetuate their hold
upon the offices in the gin OF the people,
In defiance of the will OF the voters con-
sttnttonslly expressed and ascertaned,
because their own neglect OF duty has
made some departure from directory pro-
visions and ordinary forms inevitable.
a legally organized legislature being in
existence aod exercising its constitutional
iuhctlons. 1t follows that no convention of
Inembers-elect OF either House can exist
which can be treated "a a nucleus. for
another organization. Two governments
are claiming to be In existence as valid
and entitled to the obedience OF the peo-
pie. Both cannot rightiuly exist at the
same time. But one government can be
recognized and obeyed. The responsible
" and solemn duty are imposed upon usto
determine which is entitled TO the State
We therefore, after due dellberstion and
consideration Of al matters involved,
affirm and declare our judgment to be,
that The senate whose presiding officer Is
the Hon. Joseph A. Locke. ard the House
OF Representatives whose presiding officer
is the Hon. Geo. +. Weeks. constitute the
legal and constitutional Legislature OF the
State.
JOHN APPLETON,
CHARLES w. WALTON,
WILLIAM G. BARROWS,
CHARLES DANFORTu,
JOHN A. PETERS.
ARTEMAS LlBBEI,
JOSEPH w. SYMpNDS.
To Albert G. Andrews and Ii. c.
Cheever, Esqures, Augusta. Maine.