The Superior times. [volume] (Superior, Wis.) 1870-1912, 1880-01-17
The Maine Legislature.

On the 9TH inst the legislature of Maine
was convened without serious disturbance.
In the senate at roll call neither the Repu5-
lican nor the boiling members of the oppo-
sition answering to their names, though the
Republicans came in later and took part in
the drawing, and every member responded
except two, and the fourteen in the dis
frsnchised cities and towns. A pro.
test was read from the Republican
members, against the proceeding, and subse.
quently the Republicans refused to serve on
committees or participate in the election of
officers, declaring that the proceedings were
not being carried on by legally elected mem.
bers. James D. Sampson was elected presi-
dent and the governor and council admins.
tered the oath of Office to the members.
The house proceeded to organize by the
election of John c. Talbot as speaker by
vote of 70; no quorum. Mr.. Hale objected,
but his objections were overruled and Tai
bot was conducted to the chair. w. f.
Gibbs was chosen clerk by "a vote of "a, and
similar objections by Hale were again
ovsrruled. The Republicans claim fraud in
counting quorum and that names were
signed to the list of persons not present. II.
Carleton Cheeyer was chosen assistant clerk
by vote of IS, and again was the point
raised that no quorum had voted and
again was overruled. After the Motif cation
to the governor that quorum was present
the governor appeared and qualified the
members. He then announced that IS
members, being a quorum, had taken and
hcpp bod 10 he he
larly and duly constituted house of repre-.
sentatives. This was received with wild
applause from the outside. Gov. Garcelon
said he nov put into their hands the opinion
of the Supreme Court as we'll as a petition
of gentlemen from certain cities claiming
seats, and invoked their careful considera,
ton of the same. The quorum is made up
of rs Fusionists and one Republican, Eu..
gene Hale.
Gov, Garcelon, of Mains, at the request
of Hon. Lot NJ. Morrill, and other promi-
nent Republicans, having submitted to the
supreme judicial court certain questions
touching upon the constitutionahty of Gar
celon's action in the recent electoral count
in that state, the court on the afternoon of
the Sd instant finished and signed answers
to the questions submitted. The following
is the gist of their answers:
If it appears to the house Of representa-.
tives that there has been no election in fact,
members should be admitted to their seats
though no returns be made to the secretary
of state; representative is not to be de-
prived of his rights because municipal off.
GERS have neglected their duties; it is COM
petent for the governor or council to allow
an erroneous return, or one that is informal
or defective, to be aided and corrected by
an attested copy of the record as by statute
provided; the governor has no right to as
sumo that return from city signed by a
legal quorum of the aldermen is
invalid it is immaterial whether
the aldermen return to the governor or
council the detailed vote of each ward sep
srstely, or whether they return the reg nit
of all votes of all the wards for each candi-
date together; returns from towns or cities
which are not sttested by town, plantation
or city clerks, are not valid, unless q clerk
pro tempOre mad been chosen or deputy
clerk appointed, in which case the returns
would have the same force and effect as If
signed by the clerk; the governor has no
right to reject returns of election OF mem
bers Of the legislature which were not made
signed or sealed in open town meeting
when the .nlaiOTitv II he sslectaen ere