Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1880-02-05
The Answers
To shs Ourssions FropOund~d 20 the
Court,
BANGOR. Jan. y. lSs,

1
Court.
BANGOR. Jan. u. lssO.
In response to the foregoing communica-
tion, 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 anv
! legally organized legislative body so as to
require an opinion from us under the Con
stitutional provision, (srt. 6. sec. 3.) we
ieei that We should be omlttlng an impor-
tani service which the people OF this be-
| loved State and the gentlemen who have
! presented these questions, presumably
\ from an honest desire to know their duty
as citizens In the premises, might fairly
expect OF us, II VIC failed to give some OF
the reasons which compel us 10 decline to
entertain and respond to the aforesaid
statement and questions based thereupon.
! The solemn occasion i Indeed here, in thu
unparalled and ominous events in our public
history which have occurred within the las,
few months. But we are bound TO declare
that these questions are not presented by
a legally constituted legislative body, for
the following reasons. briefly stated:
! " hen different bodies OF men. each claim
ing 10 be and 10 exercise the functions OF
I the legislative department OF the State. sp-
/ pear. each asserting their title TO be re-
garded ss the law givers for the people, it
! Is the obvious duty OF the judicial DEPART
ment who must inevitably at no distant
\ day be csllcd 10 pass upon the validity Of
/ the laws tha, may be enacted by tie
I respective claimants TO legislative authoii-
/ ty. 10 Inquire and ascertain for themselves
with or without questions presented by the
/ Claimants, which of those bodies lawfully
o. no, Il.
rive their power.
! There can be but one lawful Legislature
/ The Court mus, know for itself whose
enactments il will recognize as laws of
binding force; whose levies OF taxes twill
enforce wien brought judcially before Ii;
whose choice OF prosecuting officer be-
fore the Court IL will respect. In thousand
WAYS II becomes essential that the Court
should forthwith ascertain and take judi
cial cognizance OF the question Which Is
the true Legisaturel
The existence OF certain facts. raising
questions as TO the powers aud duties Of
the Governor and Council In csnvasslng
the votes for members of the Senate and
House Of Representatives. was necessarily
implied In the questions propounded BY
Governor Garcelon and answered by this
Court under date of January 3. To put
such questions in the absence OF facts re-
quiring their solution would be an abuse OF
the power OF the Executive TO call for the
opinion OF the Court upon questions OF law
on solemn occasions.
Those questions were fully answered,
and by the answers II appeared that the
acts aud doings of the Governor and
Council in issuing certificates OF election TO
certain men as Senators and members OF
the House OF Representatives who did not
appear TO be elected, and declining TO is
sue certificates and summonses to certain
men who did appear to be elected, were In
violation OF their legal and constitutional
obligations and duties.
We are bound to take judicial notice OF
the uoings OF the Executive and Legisla-
tive Departments OF the Government, and
when called upon by proper authority. TO
pass upon their validity.
We are bound TO take judicial notice Of
historical facts, matters OF public notoriety
AMI interest Il transpiring In our midst.
We cannot accept q statement which as
serts as facts, matters that are In conflict
with the record and with the historical
facts that we are not At liberty to disre-
gard.
We cannot shut our eyes to the fact that
the Governor and Council then in Office,
disregarded the opinion Of the Court given
'h " tuC oOvCtuOl QuCstfOuss
omitted to revoke the summonses illegally
issued TO men who did not appear to be
elected, or to issue summonses to men
who did appear to be elected.
We know that the officers who presided
In the conventions OF mem bcrs-elect of the
Senate and House on the first Wednesday
In January, recognized IS members Of both
those bodies men who were unlawfully in |
troduced into them by the unconstitutional
and illegal methods pursued by the Cover
nor and Council; and refused to recognize
men who appeared to be legally elected,
and refused to permit any appeal from
their Illegal decisions to the bodies over
which they we're 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 were thus admitted
aud excluded upon grounds which this
Court declared in their answer to Gov
ernOr GarceiOn's questions to be untenable
and illegal. Ii cannot be successfully
claimed thst there was ever quorum in
the House OF Representatives which under
took to organize on the first Wednesday
OF January, without counting men who
could only appear to be elected because
the late Governor and Council pursued
modes which this Court declared in their
answers TO his questions to be unconstitu-
tional, illegal and void. These men were
not 10 fact elected. They did not appear
10 be elected by the returns canvassed 10
the manner in which the Constitution and
laws. rightfully interpreted, required the
Governor and Council to canvass them.
We cannot recognize House Of Repre-
| sentatives. to make q quorum in which the
presence OF these men was necessary, a.
lawfully constituted body or capable Of per.
forming any Of the functions OF House Of
Representatives. when due protest was
made 10 behalf Of those who were in fact
elected by the people.
In like manner the presencetn the Sen
ate. OF men claiming seats to the exclusion
| OF those whom canvass legally conducted
would show to be elected. and being rec
ognized - members Of the convention by
| the temporary presiding officer who,
| though protest against his illegal action
WAS made on the spot. refused to permit
an appeal from his decision TO the conven-
tion Of Senators elect, vitlated the organ
] izatlOn Of that body,