National Republican. (Washington City (D.C.)) 1872-1888, 1880-01-17

such practical Interpretation of tho Constitution in
The absence of express provision, or manifest in
tcnlon to the contrary, we think effect should be
given.
To the sixteenth question wc reply that a legally.
chosen President of tho Senate may become acting
Governor without the administration Of any other
qualifying oath than that which he has taken iu
his office of Senator. The answer to the sixteenth
question renders reply to the seventeenth un'
necessary.
QUESTION ls.-To the eighteenth question we on.
swer as follows; i appears from thy statement OF
fact that members from the five cities of
Portland. Lewiston, Ruclil1nd Bath and
SaGo were duly elected as members by returns be-
fore the Governor and Council; that by law o
summons should of right have been issued 10
them; that in fact no summons was issued, and
that their names were not borne the roll Ccrti
fed to the House, ns provided by r. - W. sec. %.
A motion was reasonably mado that these mem.
beTs appearing by the returns before the lIousc TO
have been duly elected, should he permitted to
participate In its organization, but the assistant
clerk refused to put the motion and to entertain
| an appeal. BY tho Constitution, the returns wcrc
before the House; by those returns the
Representatives above named appeared ~ be
elected; their seats were not contested. The Gov.
Urnor and Council could not without a violation
Of their Constitutional duty, neglect to issue to
thom q summons, nor the Secretary of state to
place their names on the certified roll which IL
was his duty to furnish Tho Governor and Couu-
ell could not legally withhold their simmonses
from thoir appearing TO be elected They could
not order summon to issue to some appearing 10
be elected aud withhold II from others, If they
could II would bO In their power to select from
tho members appearing to DO elected and withhold
1t from others II they could: IL would be In their
! power to select from the members appearing to be
elected those who should and those who should
| not take part In the organization of this House.
The section 2S r. s., CHI 2, restricts the vote ~ those
whose names are bOTue on tho certified roll the
| restricting the vote to those only whose names
are thus borne Is at variance with the
Constitution In 50 far as II restricts and limits the
| action OF the House TO those whom the Governor
and Council may select, and not to those appear
| Ing TO be chosen aud to those the House may de-
termlne to be members Tho twelve members had
n right to act in the organizing of the House.
| returns The House IN no way denied their
| right. The question whether their names should
| be added to the roll wuS not submitted to its de-
| termination. Upon the facts set forth they up-
peared to be and were elected and is not to be pre-
| sumed that the House, knowing such facts would
| have prohibited their action. IL the clerk had
permitted the question to be PIT, these members
had a right to take part In tho Organization of the
| House until it should otherwise determine,
| Tho laeness of tho hour at which the re.
mander of the decision comes to hand pre-
cludes its publication. 1t is in similar spirit
to the above and fully sustans the action oil
tho legislature elected by the people in It's
mode of organization and subsequent proceed
lngs. The decision is 81 clear, logical and con.
elusive that the Fusonists on reading IL will
halt in the revolutionary schemes which
seemed to be threatened late last night.
| Smith In Open Revolt.
BosToN, Jan. 16-A special dispatch from
| Augusta To the He,dM says: Tho whole as