The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1880-01-30
The FuslOnists Confused.

The bogus Legislature in Maine
Notwithstanding the fact that the su',
premc court of that state had already
declared the legality of the Republican
senate and house, decided to put some
questions on the subject TO the same
court, perhaps in the forlorn hope that
they also would be declared legal
legislative. The court in its reply OK
plicitly informs the would be law makers
and actual law breakers that the house
and senate now holding sessions in the
state house is the only genuine simon
pure legislature of Maine, and declines to
recognize the Fusionists bodies. Fol
lowing is an outline of the courts de.
cision:
The supreme court say when differ
ent bodies, each claiming to be the
Legislature, appear, it is the duty of the
judicial department who must be called
TO pass upon the validity of the laws
enacted by the respective claimants, TO
ascertain for themselves which of those
bodies lawfully represent the people
from whom they derive their power.
We cannot shut our eyes to the fact that
the governor and council then in office
disregarded the opinion of the court
given in answer to the governors
questions, omitted to revoke sum-
monses illegally issued to men who did
not appear to be elected, or to issue
summonscs to men who did appear 10
be elected. Men were admitted and
excluded from the senate and house
which met on the first Wednesday OF
January on grounds declared by the
court to be untenable and illegal. II
cannot be successfully claimed that
there was ever a quorum in the house
which undertook to organize on the
first Wednesday in January, without
counting men who could only appear 10
be elected because the late governor
and council pursued modes which This
court declared in their answer TO his
questions to be unconstitutional, illepal
and void. We cannot recognize a
house, to make quorum in which tbe
presence of these men was necessary. as
lawfully constituted, or capable OF
performing any functions of the house
when due protest was made in behalf
of those who were in fact elected by
the people. On similar grounds the
court declares the organization of Inc
fusion senate illegal.
The court further says, after unsuc.
ccssful resistance to the Illegal action OF
the officers attempting to create lepis.
lative organization on the first Wednes.
day in January, majority of persons
who appeared TO be elected to the two
houses formed an organization of them.
selves. They refrained from forming
an Independent organization until the
18th of January, hoping to obtain theil
rights. They were forced into such q
position by the illegal action of d
minority of the members whose action
they were not obliged to submit 10 and
which they could in ITO other reasona.
bic manner resist. The organizations
made January 18th were made by q
majority OF the members appearing tc
be elected and having prima facie right,
TO seats. The minority were not OK
clnded, and the organization was made
in a public manner. We do not think
that want of notice invalidates tic or.
ganization of January 18th. There
may be Irregularities in the manner IN
which such organizations were formed
bnt the voice of the people is not OF
that account to be stined, nor will The
government fail to be maintained. Ne
essential defects anywhere exists. bu
only such departures from ordinary
forms as the circumstances compelled
History can never fail to disclose ths
vital fact that the organizations o
January 18th were formed by FIJI
quorums of persons appearing by The
ecords of returns as duly elected
members of either house. II cannot be
that such construction must be given