Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-28
FusIoNIsT PROGRAMME.

Adjourned until tomorrow.
The Senate did not have quorum, and adj
journed.
FUsIONIST PROGRAMME.
The more ultra of the Fusionists say that
shouid the opinion of the Court be adverse to
their position they will adjourn in body,
subject to the call of Governor Smith; that
Sawyer will continue to discharge the duties
of Secretary of State. and that all returns and
other documents from Fusion towns will be
sent in to him. They say that not more than
half a dozen will take their seats in the Re-
publican Legislature. Their constituents are
bolstering them up to this. Meanwhile they
will memorabilia Congress, but converse
ton with the more conservative element
shows that this opinion is entertained by but
few.
OUT IN The COLD.
PORTLAND, January 27th.-1he proprietors
of Congress Hall have decided not to let it to
the Fusion Legislature on any terms. 1t will
therefore probably not come here.
GATHERING OF FUsIoNIsTs.
Boston, January 27th.-The HtrGlFs Au.
gusta special says: The arrival of body OF
Fusionists from Lewiston and Auburn will
be followed this afternoon (if information re-
ceiyed at the Adiutant Generals Office is cor
rect) by the coming of a company of seventy
five Biddeford Fusionists. They say any at
tempt to arrest the officials of their Govern
ment will be resist ID by force.
The Governor has been urged to call the
Portland Blues and Montgomery Guard
here, and it has been suggested to have them
quartered in hall near that in which the
Fusionists meet.
NEITHER GOVERNMENT RECOGNIZED.
The Fusionist Treasurer, White, refused
this forenoon to allow the Finance Committee
to examine his books. He says he does not
recognize either Government as legal. There
is talk of putting him out by force.
THE SUPREME COURT sPEAKs-THE FUsroSIsTs
'sAT DOWN UPON"
BANGOR, January 9th. - The Supreme
Court Justices to-day set forth their reasons
in answer to Fusionists' questions for declin.
ing to recognize the Fusionist Legislature.
They say that while not admitting, even by
implication, that any legally organized body
has submitted those questions, yet they would
be lacking in duty if they should fail to give
the reasons which may guide citizens in
pursuing their duty. As the Supreme Court
must eventually, in all cases like the present,
pass upon the laws which so-called or actual
legislative bodies pass, it is proper that that
tribunal should consider it at once, with or
Legislature of the two claimants. The Court
say that large portion of this question has
been decided in its answers to Governor Gar
celon's questions. BY these answers it APP
pears that Governor Garcelon and the Coun-
Gil, in issuing certificates of election to certain
men as Senators and Representatives, who
did not appear to be elected, and declining TO
issue to certain others who did appear to be
elected, We're in violation Of their
legal and constitutional obligations
and duties. They cannot ignore the fact that
Garcelon disregarded the opinion of the Court
given in answer to his questions and omitted to
revoke the summons illegally issued to men
not elected, nor did he issue summonses to
men who were elected. The officers who pre-
sided in the Fusion branches of the Legisla-
ture recognized men as members who were
unlawfuliy introduced into them by unconsti-
tutional means, and refused to recognize GER
tain ones who were lawfully elected. 1t
cannot be claimed that the Fusion House
ever had a quorum, without counting
men whom this Court had declared not
elected, and therefore they cannot recognize
the Fusion House as the legal body. The
same is true of the Senate. They then con-
sidered whether there is in existence legal
Legislature, and conclude that the orgaIiza-
tions made peaceably on the 18th of January
the Republican House and Senate-were
made by majority of the members appear
ing to be elected. They traverse the point
raised that the Republican organization was
illegal because no notice OF intended action
was given the minority, so to enable them
to participate, and say the minority was not
excluded. The organization was publicly
made, and the want of notice did not invali-
date the organization Although the manner
was irregular, yet the voice of the people is
not to be stihed on that account. nor the Gov
eminent fail to be maintained. Full quorums
were present, and the houses were therefore
legal bodies.
The Justices conclude by saying that they
only perform solemn duty in deciding that
the Senate presided over by Joseph A. Locke,
and the House presided over by George f.
Weeks, are the legal and constitutional Legis-
lature Of the State. All the Justices signed
the decision.
Affairs at the National Capital.
Especial to the REcoRD-UNIos.l
WASHINGTON, January 27th.-The favor
able action of the Finance Committee to day
on J. NJ. Morton's nomination as Collector Of
Internal Revenue was great surprise to the
California Senators, for out of eight members
of the committee now in Washington no less
than six have heretofore expressed them
selves as being in accord with the position
taken by the California delegation ON this
subject. Careful inquiry developed the fact,
however, that the changed attitude of some
members of the committee is more apparent
than real. The vote to-day on the question
OF authorizing the nomination to be reported
back to the Senate favorably was: Ayes
voorhees,, Morrill,, Ferry and Allison.
Noes-Bayarj, Herman and Wallace-3.
Jones of Nevada was absent. Beck, who is
opposed to Morton's confirmation, yielded to
Voorhees, urgent solicitations sufficiently to
withhold his vote, which would otherwise
have been cast in the negative, and thus
made the result tie. Allison will, it
is said on positive authority, vote
against continuation when the question comes
up in the Senate, but was not willing to take
the responsibility of taking deciding vote in
the committee against the son Of his old col
league. Ferry, who is also from State near
enough to Indiana to make vote on his part
against Senator Morton's son an embarrass-
ment desirable to avoid, followed Allison in
voting for a favorable report, on the ground
of sympathetic interest; but it was evident
that he was almost as strongly inclined to
vote the other way, and there is no proba-
bility OF his giving the nomination active sup
port in the Senate. The committee and its
action, therefore, cannot be considered by any
means as significant of the ultimate fate of
the nomination, as it would be under ordinary
circumstances, and although Mr.. Mcrton's
friends have unquestionably gained great
advantage by it, the final result may very
possibly disappoint the expectations thus
raised, and be in fact very slightly affected
by the committees nominal Judgment. The
nomination was reported to the Senate in ex-
ecutive session this afternoon by Mr.. Voor-
bees, and placed on the calendar for future
consideration. 1t will probably not be taken
~, for act:on before next week
The Senate, during to-day's executive ses-
sion, finally disposed Of long-standing
subject of contest by confirming Norman
Bucks nomination as one Of the United
States Judges for Idaho. to succeed Associate
Justice Clark, who was nominated as his
own successor nearly two years ago, and then
confirmed by the Senate, but whose commits
sion was withheld by President Hayes by
reason of certain charges brought to light i'm
mediately after the date of the confirmation
The case was before the Senate in the last
Congress and discussed several times, but
went over, from. one cause or another, until
t o-day, when it was finally settled.
Caldwell of Kentucky. in behalf of the
Private Land Claims Committee. endeavored
to obtain unanimous consent to-day to report
for passage a resolution directing the Secre-