Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-01-16
THE QUESTIONS.

otoGs " t00 eeuato W0eu OILY twenty mem.
bersto OF both sides. inclusive, vote on the
motion to request their presence for that
purpose. and II those twenty eight, though
summoned, did not appear 10 be elec.ed
BY thego dlcial returns, ETC., and were not
in fact elected?
IS. Al what date 10 the year 1880 do
the terms of ofice of tho following state
of1cers elected in January, 1879, expire?:
The governor, the executive council, the
secretary of state, treasurer, attorney gener-
al and ~adjutant Renerali
II When the terms Of Office of the
governor and executive, council have OK
pired, or their Offices are vacant, and there
10 neither governor nor council, can the
members elect of the senate and house of
representatives be legally qualified before a
magistrate appointed and commits Toned by
the governor with the advice of the coun-l
ell under . dedimus pdoestatum by virtue
of the revised statute, or by any other pro.
vision oflaw?
10. When the term of one governor has
expired by Law and no successor has been
chosen. can the president OF the senate be-
come acting governor. If at his election
twenty votes only are cast for and against
him, and those twenty votes only are made
up % described 10 question 1877
16. Can . legally chosen president Of the
senate become acting governor until he has
legally qualified q. such in addition to his
qualification as president of the senate?
II. Can such qualifying oaths be legally
administered BY the president pro tenn oil
the senate in joint convention of the senate
and house of representatives when less than
seventy-six members of the house are present
or voting on the motion to proceed to joint
conveptioni
10. When twelve persons are legally
elected members of the house of represen-
tativea from the five cities Of Portland, Lew
iston, Rockland, Bath and Ssco, and that
fact u~nmistakably appears on the Official
returns, and by the decision of the court on
the facts recited in the statement submitted,
have those twelve members elect the RICH,
TO take part in the organization and all sub.
summons from the governor and council, no
seats.
10. Can the house of representatives
legally organize or act under q certified roll
containing 139 names only, and g wing no
representative to the FIVE cities of Portland,
Rockland, Lewiste n, Bath and Saco under
the facts as stated in question 18, without
admitting ut once the twelve members from
said cities.
20. When persons are legally elected
members of the house from the representa-
tive districts of Skowhegan and Pennington.
and that fact 10 mistakably appears in the
official returns and by the decision of the
court as recited in the statement submitted
for those districts, have those members.elect
the right to take part in the organization
and all subsequent proceedings of the house
without summons, the persons summoned
having returned their summonses and de-
clined to serve as representatives on the
ground that they were not elected.
The remaining question:, seven 10 num-
Der, are founded IN the foregoing and de.
signed to cover every legal point that can
be raised in connection with the matter.
The associate Justices will arrive this ev-
ening and court convene tomorrow.
THE FUs1oN1srs.
The house met at 8 o'clock this evening.
Nj. Robinson, from the committee on cleo
tions, reported as elected The members GER
tificated by the governor and that seventy
ak had appeared and were qualified. Mr..
Dickey, from the same committee, reported
that the committee had unanimously agreed
to report in favor of unseating Joseph Dun.
nell, republican member from Westbrook,
and seating Merritt w. Stiles, democrat, on
the ground that Dunnell had but two ma
jority, and three men at least voted for him
who had no right to do so. 1t was a clear
case and he moved that the report be
accepted. Hill, of the committee, said he
had intended to bring in a minority report.
The committee was not appointed till this
morning and Dunnell had no opportunity
appear and be heard. He was q green.
hacker and had no love for the republican
party, but was here to do his duty fairly
ind equarely. He wanted no sharp iudR-
mept and moved that the report be recon-.
Swan, of Minot, was for immediate
action. This 10 q legal house and no power
On earth can overturn it. This is no time
for delay, but for action. Right and Justice
must triumph over disorder aud anarchy.
He was for seating Stiles at once. Perry
vas ready to give Stiles his seat at once.
are asking, Why thi. DELAY I?
Why are 100 or 200 extra police in the
and crowding these galleries? 1t is
Ons Of the games of intimidation of the
without intimidation. Bradbury
AAss AuS0AAo WVs0- w ucAoys We DuUulO
wait and see if time would not evolve peace
out of the present excitement. Hill said :
II We are right 70 csn afford to wait, and if
wrong We have gone far enough. The
report Was recommitted BY more than two
to one, . triumph for the conservative ele.
nent. The object of seating Stiles is to
make q quorum. The house then adjourned.
There is . reported rupture bet~ cen
Scion Chase and Eben F. Pillsbary. Chase
is against the use of any force and will
abide the decision of the supreme court. He
says that unless the democrats come up to
this he will withdraw.
In the senate . bill was presented and
laid on the table to repeal 90 much of the
revised statutes relating to the returns of
votes from plantations go that assessors
shall receive votes and declare them in
open meeting from a list of votes in open
meetings.
The senate adjourned to 10 a. m. Thurs.
No election of governor to DAY.
a large number of people Al Bath, Port
land and Ban lOr. alarmed at the reported