The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-15

on a yea and nay vote, as shown by the record, !
only seventy~three members on both sides, In
elusive vote on the motion TO request the at |
tendance of the Governor and Council for that |
purpose?
ii. Can valid organization of the House
be made under the Revised Statutes, chapter
9 section 49, when under the facts as stated III
Question 10, O protest was entered at the time,
that no quorum was manifest on the yea and
nay vote, and notwithstanding that protest the
clerk refused to put motion to adjourn and
the Governor appeared and administered the
oath? =,
-. Can the Governor and Council legally
administer the qualifying oaths to the mem
bers elect of the Senate when only twenty
members both sides inclusive, vote on the mo-
ton to request their presence for that purpose;
and of that twenty, eight though summoned
did not appear to be elected by the official re-
turns under the constitution and the decision
of the court, and were not in fact elected?
49, At what date in the year 1880 do the
terms of office of the following State officers
elected in January, 1879, expire the Govern.
or. the Executive Council, the Secretary OF
State. the Treasurer, the Attorney General,
and the Adjutant General
a. When the terms of Office of the Govern
OF and Council have expired or their offces
are vacant, and there is neither Governor nor
Council can the members elect of the Senate
and House of Representatives be legally quail
fed before a magistrate appointed ana commits
stoned by the Governor with the advice OF the
Council under q dedinlus pojeSfdtem by virtue
of the revised statutes, chapter 2, sections 80
and Sc, or by any other provision OF law?
15 When the term of one Governor has eX-
pired by law and no successor has been chosen,
can the President of the Senate become Acting
Governor if at his election twenty votes only
are cast for and against him. and those twenty
votes are made mp as described in question Il ?
rs. Can a legally chosen President of the
Senate become acting Governor until he has
been legally qualified as such, in addition to
his qualification as President of the Senate?
II. Can such qualifying oaths be legally ad-
ministered by President pro temp0fe OF the
Senate, in Joint convention of the Senate and
House of Representatives. when less than
seventy-six members of the House are present
or voting on the motion to proceed to JOINT con-
venton :
Is. When twelve persons are legally elect
ed members of the House of Representatives
from the five cities of Portland. lewiston
Rockland, Bath and Saco, and that fact unmis-
takabv appears on the official returns and by
the decision of the court on the facts recited III
in the statement herewith submitted, have
those twelve members elect right to take part
in the organization and all subsequent proceed
inos of the House without a summons from the
Governor and Council, no other persons mold
ING summonses for the same seats ?
TO- Can House of Representatives legally
organize or act under q certified roll contain
ing one hundred and thirty-nine names only,
and giving no representation to the nVe cltieS
of Portland, Rockland, Lewiston, Bath and
Saco under the facts as stated in question 49,
without admitting at once the tWelVe lHenloers
from said cities?
90 Where persons are legally elected men,
bers of the House from the Representative dis
tricts CT Skowhegan and Pennington, and that
fact Enthusiastically appears on the official re-
turns and by the decision of the court on the
facts recited in the statement herewith sub
mitted for those districts, have those members
elect right to take part in the organization
and all subsequent proceedings OF the House
without summons, the persons summoned
having returned their summonses and declined
to serve as Representatives on the ground that
they were not elected?
81 Can II members duly elected and sum-
moned and seven other members not summon
ed but appearing TO be elected by plurality
of ali the votes returned under the require
ents of the constitution and the decision OF
the court constitute and organize legal SEN
ate, provided said eight members each recelv-
ed for Senator plurality of all the votes cast
and the official records as well as the onclal
returns show that fact?
o. Can 81 duly summoned members elect
| of the House OF Representatives, together with
| II members elect not summoned from the cities
| of Portland, Lewiston, Bath, Saco and Rock
| land and two members elect not summoned
| from the towns of Pennington and Skowhe-
| gan constitute or organize legal House OF
| Representatives when the fourteen members
! above enumerated were in fact elected, and
tDaC IdCI appears ny tilo iObui "Hu W
| the decision of the court, no other persons
| holding summons for the same seats?
| %. Can the seventy-sx members elect
| enumerated constitute and organize legal
House of Representatives together with nine
| other members elect, who were in fact elected
| and appear by the official returns and by The
| decision of the court to be elected, though the
| nine seats aforesaid are claimed by other con-
testants, who were summoned by the Cover
| nor and Council but were not in fact elected
| ! tfh aa nj "
| returns under the decision of the court?
d When the terms of office of the Cover
nor and Council have expired, the acting
! President of the Senate has refused to qualify
| the duly summoned members elect, and the
| acting House of Representatives, made up OF
! 81 members legally summoned and fourteen
| others summoned but not in fact elected and
not appearing to be elected by the official re-
turns under the decision of the court, refused
| to admit to seats the fourteen members elected
specified in questions 10 or the nine additional
members elect specified in question 70 or any
one of them, can the rs members specified by
| question 10, or the IS members specified by
| question 20, after being called to order by one
I elect read as they appear by the official re-
turns, be qualified before dedtneuS Justice
and thus constitute and organize legal
| House of Representatives?
%. When the terms of Office of the Gov
ernor and Council have expired and the acting
Senate, made up of the members legally sum-
moned and others summoned but not in fact
elected, and not appearing to be elected by the
returns under the decision of the court, refuse
| to admit the members to seats, can the men,
| bers thus denied seats acting with eleven menu
| bers elect duly summoned, after being called
to order by one of their number, and roll of
the members elect being read as they appear
| by the official returns and the decision of the
| court, be qualified before q dediDous Justice
| and thus constitute and organize legal Sem
| ate.
26. When person receives summons as a
member of the House of Representatives and
returns the same to the Governor before the
assembling of the legislature and resigns his
seat is it competent for him to recall and can
| Gel that resignation after the Legislature has
| assembled and organized. or can he be COM
| PEELED to attend as member?
| 27. In case the official returns of the vote
| cast for Governor should be lost, concealed or
| inaccessible by accident or Fraud is it compe-
| tent to count the votes for Governor by using
| certified copies of the official record of the
several cities, towns and plantations in the
State?
Justices Walton, Libby, Barrows, Danforth
and Symonds arrived here on the evening train
and with Chief Justice Appleton and Justice
Peters constitute the full Supreme Judicial
Court They will meet tomorrow to consider
the questions propounded by the legislature
organized Monday last