Morning journal and courier., 1880-01-19

Any action on their part in determining the
 vote as it appears by the returns, in viola
 tion of the constitution and law thus de
 clared, is a usurpation of authority, an(
 must be held void. It only remains to apply
 these principles to the subjects embraced il
 the questions propounded. The Governo
 and Council have no right to summon a per son to attend and take his seat in the Senate or House of Representatives who, by the re 1 turns before them, was not voted for, or beins | voted for, was defeated. To summon one fol l whom no votes had been cast would be de liberate violation of official duty to summon those whom the returns show were not elect ed would be equally a violation. Either l would be intruders without right into the leg | islative body. The summonseS thus given would be void, as in excess of any power con | ferred by the Constitution. Grant this pow | CT and the right of the people to elect theil | officers is at end.
 The court also decides that the counted in | fusionists were not entitled to act, and tn al | the counted out Republicans were entitled tc act in the organization of the House an Senate. The assumption that no question should be entertained relative to the rights of | persons whose names were not upon the rolls | furnished by the Secretary of State, the cour, | declare to be unwarrantable. The court also | decides that one whose only title to the presi. dency of the Senate is by virtue of such an l election cannot become the acting Governor because he is not the legal president of the | Senate. If of the twenty voting at such | choice of president of the Senate eight did l not appear to be elected by the official re- 1 turns under the constitution and the decision of the court, and were not in fact elected, | there was then no legal quorum and could be no valid election of permanent officers, notwithstanding the eight had been summoned | by the Governor and Council. Without le- gal quorum, and with these eight participating l in the proceedings to the exclusion of those rio tad iv1f fhoir y,Ioo be no valid election of President of the Senate. The Republican caucus made the following 1 nominations for State officers Secretary of State, Sumner J. Ohadbourne, of Dixmont ; State Treasurer, J. W. Fogler, of Hope; At torney General, H. B. Cleaves, of Portland ; gusta Councillors, R. s. Browns, of Saco !; Louis Barker, of Bangor; John P. Hinckley, of Blue Hill.
 This has been another such Sunday in Augusta as the last. On the surface there has been scarcely a ripple of excitement, but there is deep undercurrent of anxiety and distrust. The course of future events cannot be predicted with any degree of cer- tainty, and will be largely controlled by cir cumstances. The fusionists have planned 8 definite line of action, and will act on the de- fensive. Though the Supreme Court has given its opinion favorable to the Rspubli- cans, the fusionists claim it can by no means be considered 8 final decree. They have asked the court whether they will consider and answer a set of questions from the fusion ist Legislature. Chief Justice Appleton has telegraphed to-day that he will consult his as- sociates and reply as soon as possible. Still this course may not be taken, even if 1t is per mitted by the court. Whenever Governor Smith and the Secretary of State perform an official act or make use of the State seal of course there will be an. opportunity to bring the case into court, the result of which would be 8 final settlement of all matters in dispute. The Republicans will not be able to get at the State Treasurers accounts for the past year, as they are in the hands of Treasurer White, re elected by the fusionists last week, who will take the same stand as did Secretary of State Sawyer. The same is true of Attor- ney General Mcclellan and Adjutant General Folsom.
 Immediately upon his election by the Re publicans as Secretary of State, MT. Chad bourne served the following letter upon MT. Sawyer:
 AUGUSTA, Me, Jan. IF, 1880. To Hon. B. A. Cove, Ex-Secretary of State or
 P. A. Sawyer. Esq, Ex-Deputy:
 Dear Sir-You are hereby respectfully mo- tified that have this day been elected and qualified Secretary of State for the current political year, and have entered upon the duties of my office. You will therefore apartments, seals, archives and other prop erty of the State pertaining to that office.
 Very Respectfully your obedient servant,
 s. J. CHADBoURNE, Secretary Of State.
 MT. Sawyer did not reply in writing, but verbally informed MT. Ohadbourne he did not recognize him officially and should not com ply with his demands. At midnight he was called up by a messenger who presented Gov. Davis regards and requested his attendance at the executive chamber. He requested the messenger to give Governor Davis his personal regards, and inform him that he should not recognize him as Governor. The messenger then requested on personal grounds. MT. Saw yer dressed and went to the State House where he met Mir. Davis, who requested him to give up the State seal and the records of his de- partment He declined and gave his reasons Major Folsom, who has been acting as As sistant Adjutant General, was ordered by Governor Davis to report to his superior, Gen eral White, at Bangor, but refused to obey. Major Frank Nye has been appointed Assist ant Adjutant General in his stead, and B. F. Harris superintendent of buildings in place of Dr. Lancaster. Thus dual officers are being created and no one can tell when the end will will be reached. With the fusionists all de- pends upon holding their men together, and the Republicans claim they cannot do this. Tomorrow will probably show.
 The committee of the fusionist Legislature to consider the situation and advise as to the future course will probably ask for more time, as they want to consult with some eminent legal authorities. Speaker Randall has already telegraphed them that whatever the Supreme Court of Maine may hold, seventy was an un- doubted legal quorum of the Legislature. The courts opinion is still the chief topic of con- versation.
 Governor Smith and Sawyer will go to the State House in the morning and make a de- mand for the possession of their respective experiments. This being refused they will go directly away and make no further at tempt to obtain possession until the question is legally decided. Smith has ap- pointed the following officers on his staff General Hn1 M: M' c Eolso@' sdjutsnt inspector general Colonel R. W. Black, assistant judge advocate general Colonel A. Piper, assistant surgeon general; Colonel J. H. Blood, assistant commanding general Lieutenant Colonels John Benson, jr., Horace W. Davis, John H. Chamming and Henry Hathaway aides-de- camp. Davis eats, drinks, sleeps and smokes under the same roof as Smith, both being at the Augusta House, and their respective adhereuts chat and laugh together over the situation. So far as known, however, the two Governors have not met or exchanged any words. To morrow the Re publcans propose to qualify Messrs. Robie, Hinckley and Campbell, three members of Governor Davis Council who were not on hand yesterday, but they will not elect the the rest of the State officers for day or two. Only such standing commit tees will be appointed tomorrow as the ex . igency requires. The special investigating committee of the fusionists means to swear in E. c. Moody and John Redman of Smiths Council tomorrow, both having consented. The remaining member elect not yet qualified is John B. Foster, who is in Chicago. General Chamberlain will go home tomorrow, and says he is mighty glad to get away.
 The latest report Io-h.snS IS that Smith resign if the fusionists persist in going ahead. He has been interviewed, but will say nothing on political questions.
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