The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-01-29
Name.

a.. ga ~ the troubles In Maine. The SUI
rrsre judicial Court refused to tns"er ,ae
irtcrrsgatories put to Il by the Fusion he
! ri.latare. This was the only course ope"
a them. They had already recogniseo Tue
penuhI,c,n Legislature, and thus commit
,ed themselves. But, In addition. tbey
could not honestly have answered IN tue
negative tha, one Of the epestacns ~h'en
we enacted In our EDITOR aioi Tuesday on the
subject. That question: wss drawn up .!
nm expert constitution Al lawyer.
II IL now suggested that vhe case WIN i"
acme wsy be taken up 10 the S1pre"e
Court Of the United States. We 40 "o'
know how II Is proposed TO get u t"e.e'
~, me- are conGdcet that the Fusioniss
will he dismissed by that triounai III Tue
same summary manner In wh'ch Tue '"-
preme Court OF Maize dismissed 'nen.
.rndcr the circumstances, no court VIII
countenance further litigation. 1t Is one
ming 10 recognize living body. II is an
other 10 try 10 revivify dead one. ON the
Isl wednesd day in January aud Tor day or
two afterwards the Fusion Senate OF Name
was constitutional body-a live, active,
kicking body, with vitality enough TO nave
la.ted /, for two years IL that vitality had
heen bu.bmded. But the refusal OF the
over smart LAWSON TO quality the Repubii-
can members enabled those members
backed by Dictator CBaMRERLAIN, TO wouho
desperately the Fusion Senate; and while
II was in that helpless condition the SUI
preme Judicial Court finished 1t. Ii is no
longer alive. The people must be appealed
10. Perhaps they may avenge its wrongs
by electing a successor OF its politics.
p. =. Since the above was put into type
we have received report OF the opinion OF
the court which satisfies us that the MEN,
hers felt that they were bound TO sustain
the government in existence, right or wreng.
We quote:
cit cannot be successfully claimed that
there was even a quorum In the House OF
Representatives which undertook to organ
ize on the first Wednesday in January, With
out counting men who could only appear to
be elected. We cannot recognize House
of Representatives 10 make quorum I'D
which the presence III three men was neces-
sary as q lawfully constituted body. Nor
can we recognize a Senate which pursues
similar course"
There is DO assertion anywhere that the
Senate was not legally organized, nor that
ii did not have quorum. 1t is disposed OF
ms above: "Nor can we recognize Senate
which pursues similar course" The SEN
ate did not pursue a similar course, and the
Court dared not say that it did, but 1t used
language carrying that false meaning.
Again: In the same opinion the same
troublesome question Of the lawiuness Of
the Convention through which the Senate
must be organized, il organized lawfully,
was evaded as follows:
"Thus, a Iegally-organiZed Legislature
being now in existence and exercising It's
constitutional functions, il follows that no
convention OF members.elect OF either house
can exist which can be treated as nucleus
for another organization. But one govern
ment can be recognized and 0Deyed."
See that language. There Is no attempt
10 deny that the Fusion Senate was the body
through which the Senate ought to have
been organized. On the contrary, we re-
gard this language as proof positive that the
Court knew that the Senate recognized by
Governor GARCELON was the lawful Senate
OF Maine. The Court bases its opinion
upon the ground that legally organized
LEGISLATURE mot SeDate) is now in exist
ence. The Republican House was lawful
body, and had recognized the Republican
Senate. Therefore the Court treated the
LEGISLATURE as legal, and would not recog-
nize the Fusion Senate as body
which "cOuld be treated oS a nucleus
for another organization" In other
words, the Fusion Senate was known to the
Court to be Just what it claimed to be, but
in consequence OF the action OF the Repub'
lican House IN recognizing the Republican
Senate as a lawful body, the Court could not
treat the Fusion Senate as the law OF the
case entitled IL to be treated. 1t did what it
deemed best for the peace OF the State, with
out regard to the rigid requirements OF the
law, on the broad ground that "but one goU-
ernment can be recognized and obeyed." A
dangerous precedent, but one that may have
been honestly set. At first we were disposed
to doubt this last.