Morning journal and courier., 1880-01-19
Monday Morning. Jan. 1s. 1880.
THE SITUATION IN MAINE.

THE SITUATION IN MAINE.
 The answers given Saturday by the Su- preme Court of Maine to the questions sub- nitted by the Republican members of the Legislature leave the Fusionists no ground to stand upon, and seem calculated to annihilate their pretensions. The Court points out that Governor Gsrcelon previously obtained it's opinion in accordance with provision of the Constitution for an authoritative determine tion of 'important questions of law," and de- clares that the answers given to the questions submitted by him must be accepted as s'the conclusive guide of the Governor and Council in the performance of their ministerial du- ties, and that 'tany action on their part in de- termining the vote as 1t appears by the re- turns, in violation of the provisions of the Constitution and law thus declared, is a usur- patton of authority, and must be held void D Governor Garcelon and his Council gave no heed to the opinion of the Court, and their action in going behind the returns to set aside the apparent choice of the people has been illegal. Therefore no summons issued in vir- tue of such action can confer right to sit in either house, any more than its absence can invahdate the right of member declared by the local canvassers to be elected or can exclude him from his seat. Further, the action of the officers who dictated the organization of the Legislature on the basis of excluding certain Republicans who did not appear on the certi- fled rolls furnished by the Secretary of State, though returned as elected by the csnvassers of their districts, was unwarrantable. This disposes of the Fusion Legislature as body having any legal existence.
 Question twenty-one submitted by the Re- publicans asked whether eleven members duly elected and summoned, and seven other members not summoned, 'sbut appearing to be elected by plurality of all the votes re- turned" under the requirements of the Con stitution and the decision of the Court can constitute and organize a legal Senate, pro- vided said eighteen members each received for Senator plurality of all the votes cast, and the official records as well as the official returns show that fact? Question twenty-tw was Can sixty-two duly summoned members elect of the House of Representatives, together with twelve members-elect not summoned from the cities of Portland, Lewiston, Bath, Saco and Rockland, and two members-elect not summoned from the towns of Pennington and Skowhegan, constitute or organize legal House of Representatives, when the fourteen members above enumerated were in fact elected, and that fact appears by the official returns and by the decision of the Court, no other persons holding summonses for the same seats. These questions the Court answers together. It says: Circumstances may exist which will justify and render legal such an organization Of the Senate and such an organization of the House. We think such organization would be justified and rem dered legal by the existence of such circum- stances as are recited in the statement of facts submitted to us, and that such organizations, effected under such circumstances, would constitute legal Legislature, competent to perform all the functions constitutionally be- longing to that department of our Govern ment. Tumult and violence are not requisite to the due assertion of legal rights. They should be avoided whenever It is possible to do so. They can never be justified, except in cases of the extremest necessity. Such peace ful modes of organization are far preferable to a resort to violence. No rights should be lost by those who seasonably assert them and appeal to the constitutional tribunals, instead of resorting to force" Guided and supported by this answer the Republicans organized a Legislature at Augusta Saturday and elected Daniel E. Davis Governor. Seven Councillors and Secretary of State were also chosen, and at last Maine has a legal governm ent. The Republicans are masters of the situation. They have right and justice. the opinion of the Supreme Court, and the power to enforce that opinion on their side. Whether the Flu sionists will be foolish enough to continue the hopeless contest remains to be seen. If they do it will only be the worse for them.