Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-01-29
THE GAME is UP.

. Third Ruling from the supreme Court
Demoltshes tho Fusion Organization
Governor smith to Retire from Public
Life.
Boston, Jan. 27.-The supreme crur, jus.
tees to-day set forth their reasons, In an
sWer to tue fusionists' questions, for d. Gin.
lng to recognize the f%usionist legislature.
They say that not while admitting even by
tina. any legally organized body
has submitted these questions, yet they
would be lacking in duty II they should fail
to give reasons which may guide the citi-
zens In pursuing their duty, .es the supreme
court q eventually. In all cases like the
preeent, pass upon the laws which so-called
or C Al legislative bodies pass. I, is prop.
or that that tribunal should consider at once,
with or without question, which is the one
and only legislature of the two claimants.
Tue . says a large portion of this ques.
ton has been decided III its answers to Gov.
GarceloD's questions. BY these it
appeared that Gov. Garcelon aud council
10 Issuing certificates of e.ec,i,n to certain
not appear to be elected, ard declining to
issue to certain others, who uld appear
to be elected, we're in violation of their le-
gal and constitutional obligations and duties.
They cannot ignore the fact that Garcelon
in answer to his questions, omitted to revoke
elected, nor did he issue sum to tie
who we're elected. The officers who
presided in the fusion branches OF the legis.
unlawfnlly introduced into them by uncon-
e&sA.,esnnnl rnnn~c n-l roc,,aI - ~onr~.:->
certain ones who we're lawfully elected. 1t
cannot be claimed that the fusion house ever
had a quorum without counting whom this
court had declared not elected, and therefore
they cannot recognize the fusion house y
q illegal body. The same is true of the SEN
ate.
They then consider whether there is in
existence q legal Legislature, and con-
clude that the organization made peaceably
on the 18th of January (the republican
house and senste) were made by q
majority Of the members appearing 10 be
elected. They raverse the point raised that
the republican organization was illegal be-
cause no no ice of intended action was given
the minority, so as to enable them to par
ticipate, and say the minority were moi
excluded. The organization was publicly
made, and the want of notice did not invall.
date the organization. although the manner
was irregular. Yet the voice of the people
is not to be stiled on that account nor The
government fail to be maintained. Full
qnorums were present and the houses we're
therefore legal bodies.
The Justices conclude by saying that they
only perform a solemn duty in deciding
that The senate presided over by Joseph A.
Locke, and the housc presided over by
Geo. E. Weeks, are the lega. and constitu-
tional legislature of the state.
All the justices sign the decisions.
Augusta, Jan. 27.--The fusionis,s are
very much depressed at the receipt of the
news from the court. Major Smith said he
believed that the controversy had now
ended. He said that while the previous
opinion of the judges was based on the re-
publican statement. there was room for rea.
sonable doubts, but In view of the tact that
the courts had decided against them on the
fusion statement. they could but gracefully
submit. He had got through playing gov.
ernor aud should 60 home.
Maj Smiths views.will be sdopted 10y
the better part Of the fusionists, who will
take their seats in the legislature.
Mr.. Sawyer said be still considers him
self secretary of state. Henry Ingalls,, a
leading member of tho fusion house says he
ts not prepared to give an opinion to night,
but has always been in favor of yielding to
the courts.