Morning journal and courier., 1880-01-15
News bT Telegraph FROM ALL QUARTERS.
 QIIE'I AT AUGUSTA. No Marked Change in the
 Situation. QUESTIONS FOR THE COURT. Both Partie, Waiting for
 the Answer. PLAN OF THE FUSIONISTS. Republican Members to : be Unseated.
PLAN OF THE FUSIONISTS.
NEW ENGLAND.
Maine.

| Counting Out-RepubIican Members
 to be Unseated-QuesEiOns for the Su-
 Preme COurt-BOth Parties Waiting
 for Hts Decision.
 | AUGUSTA, Jan. 1.-The situation at mid
 night is unsettled. Their plans for tomorrow
 are not fully matured by the fusionists The
 courts decision seems to be waited for with
 great interest. The Republicans are afraid
 the fusionists will attempt to capture the Gap
 itol. General Chamberlain has 6 large force
 of men armed and quartered there.
 The House met promptly at 10 o'clock this
 morning, and after prayer had been offered an
 order was passed to prepare register of the | names of members and @ diagram. On motion
 the chair appointed as a committee on cleo
 ton the following: Dickey of Fort Kent, Rob-
 inson of Thomaston, Young of Brunswick,
 Hard of Biddeford Hill of Oorinth, Swan of Minot and Benner of Waldoboro. The com
 mittee met immediately and reported this af-
 ternoon. They gave list of certiicated mem
 bers entitled to participate in organizing the House last Wednesday and stated that 76 qualified at that time and one subsequently, making altogether v members. The commit ! tee reported in the case of the contested elec- | ton in Westbrook that Merritt W. Stiles was ! entitled to the seat for which James Donnell, Republican, holds certificate, and all the papers ID the case were submitted. MT. Dickey, chairman of the committee, stated | that the case had beer fully and patiently heard and the committee were unanimous in
 their opinion. MT. Hill, member of the
 committee, moved that the report be laid upon
 the table, as he claimed Mir. DonneH should
 have an opportunity to be heard if he wished. The motion was lost, g to Az, on rising vote MT. Wales, of Biddeford, said he didn't see anything that looked like haste. He un- derstood that in this case it was almost an impossibility for the one who holds the certificate to appear before l the committee. A large number of seats are | vacant voluntarily, it is true, but if any case were hastily passed upon without both par l ties appearing before the committee of the House, it might seem to the State and the whole country as if something was being done that was not right. MT. Dickey said the simple facts in the case were that MT. Donnell had majority of two. MT. Stiles had given
 him the requisite fifteen days notice and he was represented by an attorney. It had been
 clearly proved that MT. Donneu received
 four illegal votes, one cast by pauper, two by n-residents and one for J. H. Dormer. These facts had been proved by the assessors. MT. Hill, of Corinth, said he agreed in the report but moved it's reference back to the committee as he did not want to have any ev- idence stided. MT. Swan, of Minot, and MT. Perry, of Camden, urged immediate action. The former considered General Chamberlain guilty of treason in refusing to recognize Governor Lamson. Several members who had opposed laying the report on the table consented as a matter of courtesy to it's ref erence back to the committee and it was SO referred by vote of A to 21. It will be re- ported back tomorrow and acted upon at once. It was also voted to unseat Eugene Hale.
 It is understood that an agreement has been decided upon by the fusionists tonight by which they will seat William Murray, of Vassalboro, in place of Dr. Butler, (rep. ), and M w. Stiles in the Westbrook district in place of Donnell, (rep.) The committee on ported in these two cases and were unanimous in favor of seating the fusion contestants. The above programme will doubtless be carried out tomorrow and the fusion Legislature will have quorum and proceed with the regular business. One hun- dred men came here tonight on the train at Il o'clock and were escorted to the State House, where they were detailed for active duty by General Chamberlain. This arrival sweIls the number of the Generals guards to blankets. No arms were visible. At this hour no disturbance has taken place, but the excitement is quite intense.
 Following are the questions submitted to the Supreme Court by the Republican Legis- lature
 Have the Governor and Council right under the Constitution to summon person to attend and take seat in the Senate or House of Representatives who by the official returns, ! under the decision of the court, does not ap- pear to be elected, but defeated or not voted for, or would such summons be merely void aQ fha Council under the Constitution?
 Has the holder of any such summons @ right to take part in the organization or. sub sequent proceedings of either House to the ex- | clusion of members rightfulIy elected asshown by said returns under the decision of the court, or does such right restin said last named member to the exclusion of the member sum ! moned from the same district
 If summons were issued under the facts re- cited in the statement herewith submitted to | certain persons, would such summons give either of these persons a right to take part in \ the organization or subsequent proceedings of | the House, or would such right rest in [cer- | tain persons named1 to the exclusion of per
 sons summoned from the districts. If sum- mons were issued under the facts recited in the | statement herewith submitted, would such | summons give either of the persons named a | right to take part in the organization or sub
 sequent proceedings of the Senate
 \ Does the same rule apply when the mem- | D0Eb SuumOuoU App6hE Dy LQ6 r6GurQS 70 De ! elected only because of some error in the \ name or initials of the candidate not sum | moned, which error is correctable by law un- | der the decision of the court, and the official | record states the name and initials correctly l under the facts of the Senatorial district and \ the Representative districts of Exeter, New
 castle, Goldesboro, Weston and Robinson, as | recited
 When the term of one Governor has ex- pired by law, and no successor has been | Al ! come acting Governor, if, at his election 20 | votes only are cast for and against him, and
 these 20 votes are made up as described in
 question 12?
 Can legally chosen president of the Sen ! ate become acting Governor, until he has le- gally qualified as such, and in addition to his
 qualification as president of the SenateL
 Can such qualifying oaths be legally ad-
 ministered by president pro tempore of the
 Senate, in joint convention of the Senate and House of Representatives, when less than 76
 members of the House are present or voting
 on the motion to proceed to joint conven-
 ton.
 When twelve persons are legally elected
 members of the House Of Representatives
 from the five cities of Portland, Lewiston,
 Rockland, Bath and Saco, and that fact un- T mistakably appears on the official return and by the decision of the court on the facts
 recited in the statement submitted, Ehave these EI twelve members elect right to take part in
 the Organization at all subsequent proceedings
 of the House without summons from the
 Governor or Council, no other persons hold ing summons for the same seats:
 Can the House of Representatives legally
 organize or act under a certified roll contain
 ing 139 names only, and given no representa- ton to the five cities of Portland, Rockland,
 Lewiston, Bath and Saco under the facts as
 stated in question IS, without admitting at once the twelve members.
 When persons are legally elected members
 of the House from the respective districts of
 SkoWhegan and Pennington, and that fact un-
 mistakably appears on the official returns, and
 by the decision of the court on the facts reci-
 ted in the statement herewith submitted for
 those districts, have three members -elect Q
 right to take part in the organization and all
 subsequent proceedings Of the House, without 8 summons, the persons summoned having re turned their summons and declined to serve
 as Representatives on the ground that they