New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-01-27

long, for the FusOn1st reOelllon Has
reached a point where it has no
longer any claim to forbearance WIN
decisions OF the highest Court against
it. no respectable backing from the people
and not even cohesion among its own mem
bers, it is now despite the surprise OF
innocent Mr.. Smith, nothing more than
disturbance of the peace; and unless the
pretended Legislature should disband OF its
own accord. as it seems likely to do, the
legitimate Government of the State will soon
be compelled to put summary end 10
the whole business. What do Mr. Smith
and his followers imagine they can do next
local officer has paid over part OF the pub
lie taxes to the FusOnist State Treasurer
Suit will no doubt be brought Immediately to
recover the money and the Supreme Court
will thus be called upon to embody III for
nal Judgment the authoritative and Official
opinion which it has already given as to the
validity of the Republican State Government.
From this decision there can he no appeal. III
there were any way of so making an issue that
the question could be carried into The supreme
Cont of the United States. the action OF the
Maine Justices could not be reversed there, for
il hos been distinctly held by that august trlbu-
nal. especially in the famous Rhode Island case,
Z" that the Courts of the United States adopt and
follow the decisions Of the State Courts IN
Questions which concern merely the Constitu-
d" ton and laws of = stare" and that the Fed
era Courts have "no power to determine
" that q State Government has been lawfully
" established which The Courts of the state
"disown and repudatc.' If the Fusionisfs
resist the judgment of the State Court
and succeed in mastering a stronger force
than Governor Davis can over Ome, there VIII
then he a condition Of domestic violence
justfying an appeal 10 the General Govern
ment for assistance. Under -uch circumstances
it will be the duty u; The President to decide
for himself which is The legitimate Legislature
of Maine. There can be 10 doubt how he will
decide. He will uuquestionably follow the
"decisiOns of the State Courts
The Fusonists tall, Of appealing 10 Congress-
But the application foI aid against domestic
violence mist be made to the Executv We. The
response to it will be by an executive, not
legislative act. The Constitution and the
statutes cothe the President with authority
TO use the army and the militia III such cases,
and it has been clearly settled that this au-
tborlty involves the right of determining the
title of the Governor or Legislature making
the application for assistance. 1t Is true that
the United States Senate next year may
also be required to pass upon The le-
gitimacy of the Maine Legislature when
the successor of Mr.. Hamin presents him
self for admission; but it Is not to be
supposed that the Senate will arrOgate 10 it
self power which even the Supreme Court
does not possess of determining that a State
" Government has been lawfully established
(which the Courts of the State disown and re-
"pudater That every State establishes It's
Legislature in its own way, and that the ques-
ton of its organization or Legitimacy must be
settled by such tribunals as the State itself
eBtrusts with that duty, is doctrine
which no Democrat in the Senate surely
will undertake to cOntrovert The SEN
ate will inquire whether person
who applies for admission has been fairly
chosen by the Legislature but in determin-
ing which of two rival bodies is the Legi=la-
ture it will follow the decisions of the State
Courts" If, therefore, the Fusionists should
ever get their claims before the United States
Senate. their own friends IN that body would
be compelled. in accordance with the fnnda-
mental principles of the Democratic party, 10
decide against them. But we do not believe
the Fusion Government of Maine will live long
enough to get to Washington.