Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1880-01-29


tain motion for the correction OF the roll
and refusing to allow an appeal FROM this
ruling, and the Senate taking no sctiou al
though protest WAS made. was Illegal and
void.
l6. Caa legally chosen president Of the
Senate become acting Governor until he
has been legally qualified as such. In ad-
dition 70 his qualification rs president Of
the Senste2
IL. Can such qualifying oaths be legally
administered BY spresident pro tempore OF
the Senate, In Joint convention OF the Sem
ate and House Of Representatives, when
less than &c members Of the House arc
present or voting on the motion TO pro-
coed to joint convention:
Auswer-Cnder the letter Of the coustl-
tutor Il IL 1t least doubtful whether the
President OF the Senate 10 required to take
. new oath before exercising the Office OF
Governor. When that Office has become
vacant In the manner specified therein, the
practice since the organization OF the
State has, We believe, beeu uniform
against requiring such new oath and to
such practice the Interpretation OF the con-
stitotion in the absence Of express pro-
vision or manifest intestiOn 70 the contrary.
We think effect should b given.
To the sixteenth question. we reply that
. legally chosen President OF the Senate
may become acting Governor without the
administration Of any other qualifying oath
than that which be has taken in his Office
OF Senator.
The answer to the sixteenth question
renders = reply to the seventeenth IN
necessary.
Is. When twelve persons are legally
koA Of ~ II
sentatives from the dve cities Of Portland.
Lewiston. Rocklsnd. Bath and Saco, and
that fact unmistskably appears on the ON
ciAl returns and by the decision of tho
court on the facts recited 10 the statement
bers elect right to take part in the organi-
xation and all subsequent proceedings OF
the House without . summons from the
Governor and Council. no other persons
holding summonses for the same sests1
Auswer-r0 the eighteen nth question We
answer as follows: 1t appears from the
statement Of facts that the members from
the hve cities Of Portland, Lewiston,
Rocklsnd, Bath and Ssco were duly elect
ed as well as by the returns before the
Governor and Council !; that BY law . sum
mons should Of right have been Issued TO
them; that In fact no summons was Issued.
and that thus names were not borne on
the roll certified TO the House - provide
BY K. s., c. 2, sec. Is. A motion WAS
seasonably made that these members ap-
pearng BY the returns before the House
tn have been duly elected. should be per-
mltted to participate In its organization,
but the assistant clerk refused to put the
motion and TO entertain an appeal. BY the
constitution the returns were before the
House. BY those returns the Representa-
ives above named appeared to be elected.
Their seats were not contested. The Gov
ernor and Council could not without .
violation Of their constitutional duty neg
lect to issue 10 them summons. nor the
Secretary Of State to place their names on
the certified roll which 1t was his duty to
furnish. The Governor and Council could
not legally withhold their summons from
those appearing to be elected. They could
not order . summons to issue to some ap-
pearing TO be elected and withhold 1t from
others. II they could. It would be in their
power to select from the members appear
ing 70 be elected those who should and
those who should not take part In the or.
ganizatiou OF the House. The section IS.
X. s., C. 2, restricts the vote TO those
whose names are borne on the certified
roll. The restricting the vote to those only
whose names are thus borne 10 ~ variance
with the constitution In 80 far Is 1t re-
ssricts aud limits the action Of the House
to those whom the Governor and Council
may select. and not TO those appearing to
be chosen and who the House may deter
mine to be members. The twelve N em-
bers had right TO act In the organization
Of the House. Their election was patent
n In nf "a
In no way denied their right. The ques-
ton whether their names should be added
10 the roll was not submitted to its de-
Upon the fact set forth they
appeared to be and were elected, and IL 10
not TO be presumed that the House know
ing such facts would have prescribed their
action II the clerk had permitted the action
TO be put. These members had rieh, TO
take part in the org anixAtiou OF the House
until !. should otherwise determine.
10. Can House Of Representatives le-
gally organize or act under . certified roll
containing one hundred and thirty -oipe
names only and giving no representation
to the dve cities Of Portiaad, RsckiAnd.
Lewiston. Bath and Saco. under the facts
- stated 10 question Is, without admitting
At once the j? members from said citlssl
Auswer-The House cannot legally or
ganixe or scs under . certided roll Of l39
names only, and giving no representation
10 the five cities named. provided the Rep
from the cities appeared and
claimed their seats and the House took no
sotion Whatever upon the question Of their
right TO participate 10 the organization. the
clerk refusing 20 entertain . motion made
for that purpose and refusing to entertain
An appeal from his ruling thereof.
20. Where persons are legally elected
members Of the House from the Reprssep-
tstive districts OF SkowhegAn and Farm
ington. and that fact unwistsk ably sppears
on the official returns and BY the decision
Of the court on the facts recited 10 the
statement herewith submitted for those
districts have those members elect right
10 take part 10 the organization aud all
subsequent proceedings Of the House with
out . summons, the persons summoned
having returned their summOnses and de-
clined TO serve IS Representatives on the
ground that they were not elected?
Answer-To question 10, VIC answer in
the Affirmative, unless the House has acted
upon the question Of their right TO act a.
members and determine to the contrary.
81. Can II members duly elected and
summoned and seven other members not
summoned but appearing to be elected BY
. plurality Of oil the votes returned" un.
der the requirements OF the constitution
and the decision of the court, constitute
and organize legal Senate, provided said
eight members each received for Senator
plurality Of oil the votes cast and the Of
ficial records a. well - the OGiciAl returns
show that facti
-. Can 60 duly summoned members
elect OF the House OF Representatives TO-
gether with IL members elect not sum-
moned from the cities OF Portland, Lewis
ton. Bath, Saco and Rockland, and two
members elect not summoned from the
towns Of FsrninRt0n aud Skowhekan.
constitute or organize . legal House OF
when the fourteen men,
bers absve enumerated were In fact elected
and that fact appears BY the official returns
and by the decision OF the court, no other
persons holding summons for the same
seatsf
Answsr.-It Il the opinion Of the court
that questions II and "a may be convea-
isntly answered together. Oar answer 10
this. Circumstances may exist which will
Justify sud render legal such IN 0rgapiza-
tion Of the Senate and such m organiza-
don OF the House. We think such org anil
sations would be justifisd aad rendered le-
gal by the existence Of such circumstsnces
. are rsoited In the statement Of facts
submitted to %, and that such oreapisa-
kion1. eHeoted under such circumstances.