Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-15

ESPECIAL By TELEGRAPH TO THE RECoRD-UNIoN.l
AUGUSTA, January 14th.-on the assembling of the
House to-day, the first business was the appoint
ment of the following Committee ON Election :
Dickey of Fort Kent, Robinson OF Thomaston
Young OF Brunswick, Hard OF Biddeford Hill of Ex-
eter, Swan of Minot and Benner of Waldoboro. The
Commission Immediately retired to perform their
duties.
1t is reported that Hale of Ellsworth and Butler
of Vassilboro are to be unseated and Fusion mem
bers to take their places; also that the Fusion
member from Lewiston will be admitted.
The Fusionists say that if Smith is chosen Gov
ernor to-day they will have meeting of rejoicing
tonight, ring bells and burn tar barrels.
Senator Rogers of Penobscot says the crash is
put in the gubernatorial chair we shall see which
will win.
The police at the State House was strengthened
this forenoon by the addition of fifty.
Should Smith be chosen, it is alleged that Cham
berlain will not recognize him as Governor.
LATTER
AUGUSTA January 14th-The Election Committee
voted to to unseat Hale.
WHAT Is THOUGHT OF THE AFFAIR IN IOWA.
Dies MONIES, January 14th.-In the House this
morning Clayton introduced a'cOncurrent resolu-
ton, which was adopted by full vote, deprecating
the recent attempt in Maine by Governor Garcelon
and the Council to thwart the Will OF the people,
condemning the bold attempt to su5vert the
pressed wishes OF majority OF the legal voters OF
the estate Of Maine extremely dangerous to re-
publican form Of government, and revolutionary IN
character
THE QUESTIONS SUBMITTED TO THE SUPREME
COURT.
BANGOR, Jsnuary l4th-The statement of facts
and ques tions submitted today to the Supreme
Court of Maine by the Republican Legislature for
its decision. The following are the questions
l. Have the Governor and Council right under
the Constitution, to summon person to attend and
take seat in the Senate or House of Representa-
tves who by the official returns, under the decision
of the Court does not appear to be elected but de-
feated or not voted for; would such summons be
merely void, as exceeding the powers of the Gov
ernor and Council under the Constitution?
,. Has the holder on any such summons right to
take part in the organization or subsequent pro-
ceedings OF either house, to the exclusion of
hers rIghtfully elected rs shown by said returns,
under the decision of the Court does such right
rest in said astnamed members, TO the exclusion of
members summoned from the same DISTRICT
3. Ii summonses were issued under the facts
recited in the statement herewith submitted to
Lewis Voter of Pennington district, Daniel Snow
of Skowhegan, Alfred Cushman of Ashland, James
o. White of Jay, Leonard NJ. Beae of Lisbon,
Osgood n. Bradbury of Stoneham, G. W. johnson
of New Sharon, Lincoln S. Leighton of Cherry
field, Aaron H. Woodaock OF vanceboro,
Harper Abber of Fairfield, Joshua L. Jor.
dan of Searsport would such summons
give either of the above-named persons right
to take part in the organization subsequent
proceedings of the House, or would such right rest
in Cyrus ii. Thomas Of Pennington district, Her.
man S. Stewart OF Skowhegan district, John Burn
ham of Ashland district, John r. Eaton of Jay
district Vim. II. Thomas OF LISBON district, A. F.
Andrews Of Stoneham district, David n Norton,
Of Sharon H of herr
field district, Charles A. Rolf If Vanceboro dis
trct, X. B. Kole, of Fairfield district - to
the exclusion of the persons summoned
from said districts?
T. If the summonses were issued, under
the facts in the statement herewith sub
mitted, to - there follows the names Of the
legisatorsl would such summonses give either of
the above-named persons right to take part in the
organization subsequent proceedings of the Sen
ate or would such right rest in here follows the
namesl Ito the exclusion of the persons summoned
from the same districts?
5. Does the same rule apply when a member
summoned appears by the returns to be
elected, because some error in the name or
in tials of candidate not summoned which error is
correctable by law under the decis on OF the Court
and the official record states the name and initials
correctly, under the facts OF the Lincoln Senatorial
District and the Representative Districts Exeter,
Newcastle, Gouldsboro, Weston and Robbinston, as
rected, o. when member summoned appears by
the returns to be elected only by rejecting the
turns Of one town because they unsigned by the
Town Clerk, though duly attested copy of the
record of said is onably offered substi-
tute and rejected, under the facts recited?
G. Ii the summons described in question is void
and the persons holding such summons take part in
the org 4nizltion of either the Senate House of
Representatives, and without the votes of such per-
sons there are less than sixteen members in the
Senate and less than seventy-six members in the
House voting for and against the officers of the
called Senate House, have such bodies any legal
org anzation officers?
T. Without such legal organization in either the
House or enate, orwithout sixteen members in the
Senate and seventysiX members in the House pres
ent and voting on given measure, can any valid
law be enacted, any legal officer chosen any bust
ness whatever be legally done, except to adj oun
and ii any business, what business?
s. Without a legal Organization formed, legal Of
ficer chosen by 76 members present and voting in
the House of Representatives and 10 members
present and voting in the Senate, can either beuse
compel the attendance of absent members
0. To make up the legal quorum required on any
vote in either house, can the vote of any person be
counted who, though summoned, does not appear
to be elected by the official returns under the Con-
stitution and decision of the Court?
TO- Can the Governor and Council legally admin
lister the qualifying oath to members-elect OF the
House of Representatives when yea and nay
vote s shown by the record only seventy three mem
bers both sides inclusive, vote motion to re-
quest the attendance of the Governor and Council
for that parposef
H. Can a valid organization of the House be
made under the Revised Statutes, Chapter 2, Sec
ton 49, when under the facts stated in question
10, protest entered at the time that quo.
rum manifest on yea and nay vote, and not
wthstandin that protest the Clerk refused to put
motion to adjourn, and the Governor appeared and
administered the oath?
r. Can the Governor and Council legally admin
lster the qualifying Oaths to members of the
Senate when only twenty members both sides in
elusive vote on motion to request their presence
for that purpose and il that twenty, though sum-
moned, did not appear to be elected by the official
returns. etc. and were not in fact elected
13 At wh2. date in the year 1880 do the terms OF
Office OF the following State officers elected in JAM
uasy 1879 expire The Governor, the Executive
Council the Secretary Of State, the Treasurer, At
torney- General and Adjutant- General1
Il " hen the terms Of office OF the Governor and
Council have expired, their offices were vacant,
and there is neither Governor CouHcil, can the
members elect OF the Senate and House OF Repre-
sentatives be legally qualified before magistrate,
appointed and comnri stoned by the Governor. with
the advice Of the Council, under a dedimUs
potestatem by virtue OF the Revised Statutes, or by
any other provision OF law
Is When the term of one Governor has expired y
law and no successor has been chosen can the Pres
lent Of the Senate become acting Governor, y, at
his election 20 votes cast for and az ilnst nm,
aud these 20 votes made up as desired IN ques-
ton I2i
Nc. Can the Legally chosen President of the Senate
become acting Governor until he has legally quail
fed as SUCH in addition to his qualification as Presi-
dent cf the Senate!
IL Gan sucn quautNlbs uaeiis DC leSd'iy a'ihthis-
tered by President pro tenn. Of the Senate in joint
Convention OF the Senate and House of Representa-
tiyes when less than rs members of the House are
present or voting the motion TO proceedto joint
Convention?
49, When IL persons are legally elected members
of the House OF Representative from the five cities
of Portland Lewiston, Roekland, Bath and Saco,
and that fact Enthusiastically appears on the official
returns and by the decision of the Courts, on the
facts rected in the statement submitted, have those
II members-el.ct right to take part in the organi
cation aud all subsequent proceedings OF he House
without a summons from theGOvernor and COUNCIL
no 9th persons holding summons for the same
seats?
10, Can the House of Representatives legally or
panize or act under a certified roll containing l39
names only and giving no Representative to the