Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1880-02-03

srrTUrIoNAL ONE.
The following is the full text OF the
unanimous decision or the supreme JUDI
cial Court. declining TO recognize the fu-
sionist bodies ut Augusta and explicitly
declaring the House and Senate now hold
sessions i'm the State House the legal Legis-
lature OF Maine.
kft) BANGOR, Jan. %, 1880.
In response to the foregoing communi-
cation the undersigned, Justices OF the Su-
preme Judicial Court, have the honor to
say that while we cannot admit, even by
implication, that the statement and ques-
tons now before us are presented by any
legally organized body so rs to require an
opinion from us under the constitutional
provision art 6, sec. 3 we feel that we
should he emitting an important service
which the people of this beloved State ana
the gentlemen who have presented THESE
questions, presumably from mn honest ue-
sire To know their duty As citizens III the
premises, might fairly expect oil Us, II we
failed To give some of the reasons when
compel Us To decline TO entertain ana re-
spond to the aforesaid statement ana ques-
tons based thereupon.
The solemn occasion Is indeed here, IN
the unparalleled and ominous events oil our
history which have occurred within the
last few months, but we are bonnd TO de-
clare that these questions are not presented
nv a legally constituted legislative body,
for the following reasons briefly stated ;
When different bodies of men, each claim
in.y To be and To exercise the functions OF
the legislative department of the State APP
near. each asserting their title 10 be re-
garded as the law giyers for the people, II
il the obvious duty of the judicial depart
ment who must inevitably at no distan,
day he called 10 pass upon the validity oil
the laws that may be enacted by the re-
spective claimants To legislative authority,
TO inauirc aud ascertain for themselves,
with or without questions presented ~ the
claimants. which OF these bodies lawfully
represents the people from whom they de-
rive their power. There can he but one
lawful Legislature. The court must know
for itself whose enactmcnts II Will recog-
uize as laws OF binding force, whose levies
of taxes IL will enforce when brought Judi
cially before IL, whose choice OF prose
cutting officer before the court J; w'.i re
.pect. In thousand ways II becomes es-
seutial that the court should forthwith as
certain and take judicial cognizance OF the
ouestion-which j. the true Legislature!
The existence OF certain facts, raising
questions a. TO the powers and duties oil
the Governor and Council IN canyaSsing
m. VOTES for members Of the Senate and
House Of Representatives, was necessarily
implied in the questions propounded by
Governor Garcelon aud answered by THIS
court under date OF January 81.
To put such questions in the aoScnce oi
facts requiring their solution would DC an
abuse of the power OF the executive TO cal!
for the opinion OF the court upon questions
OF law on solemn occasions. Ihcse Yucs-
tons were fully answered and by the an-
swerS II appeared that the acts and doinsS
of the Governor and Council In issuing GER
titicates or election To certain men o. Sen
ators and members of the House OF Repre-
scntativeS who did not appear To- be elected,
were i'm violation of their legal and cunsu-
tntioual obligations and duties We are
bound To take judicial notice of the doings
OF the executive and legislative depart
mcnts OF the government, and when called
upon by proper authority To pass upon
their validity. We are bound TO take judi
cial notice OF historical facts, matters oil
public notoricty and interest TRANSPORTING Ia
our midst. We cannot accept statement
which asserts Is facts, matters that are IN
conflict with the record aud with the his
torical facts that we are not NJ liberty 10
disregard. We canno, shut our eyes to
the fact thst the Governor aud Council
then In Office disregarded the opinion oi
the court given in answer TO the Governor :
questions. omitted TO revoke the summons
illegally issued TO men who did not appear
10 be elected, or TO issue Summon>eS 10
men who did appear 70 be elected.
We know that the officers who presided
In the conventions OF members-eiect OF the
Senate and House on the first Wednesday
In January, recognized a. members OF 0oth
bodies men who were unlawfully introduced
in,o them bv the unconstitutional and He
gal methods pursued by the Governor aud
Council. and refused to recognize men who
appear,,d Ia be legally elected, and refused
Ia hermit any appeal from their Illegal de-
ciSious Ia the bodies over which they were
temporarily presiding. The report of the
committee OF the Council and the action OF
the Governor and Council thereon, OF which
we must take judicial notice, show that
men weIe TINS admitted aud excluded upon
grounds which this court declared IN their
answer 10 Governor Garcelon's questions
TO be Illegal.
II canuot be successfully claimed that
there was ever quorum in the House OF
REPRESENTATIVES which undertook 10 organ
iLe on the first Wednesday of January with
.hn rnul1
10 be elected because the late Governor and
Council pursued modes which the court de-
clsred Ia their answers 10 his questions 10
be unconstitutional, Illegal and void.
These men were not In hct elected.
They did not appear TO be elected oy
the returns canvasscd in the manner IN
which the constitution and laws, rightly
intefpreted. required the Governor and
Council 10 cang ass them. we cannot rec
ognize a House OF Representatives, 10
make a quorum in which the presence of
these men was necessary, as o lawfully
constituted body or capable of performing
any of the functions of House of Repre-
sentatives, when due protest was made on
behalf of those who were in fact elected by
the people.
In like manner the presence IN the Sen
ate of men claiming seats 10 the exclusion
OF those whom canvass legally conducted
would show to be elected-and being rec
ognized a. members by the temporary pre-
siding officer, who, though protest against
his illegal action was made on the spot, re-
fused 10 permit IN appeal from his decision
To the convention of Senators elect, yitiated
the organization of that body. We have
only to reafiirm the principles we asserted
in our answer of January l6, 1850, upon
these subjects, in coming to the result that
the bodies propounding to US the FOREGOING
questions are not legally organized House
of representatives and Senate under the
constitution of the State.
II remains 10 be considered whether
there is a legally organized Legislature IN
existence entitled 10 enact laws that will