Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-15

a L.
-. Johp Rurnham of the Ashland as
80, John Il. Eaton of the jay district W."
i;.mH Thomas of the Lisbon district A Il
,dravs of the Stoueham DISTRICT La'o -
Va~.., If the New Sharon district, henry -
pstsr of the Cherrvield district, Charles \.
Rolf of the vanceboro district. A. b. Ceie ~
The Fairfield district. Robert French Oh .ne
S..rxnort district. TO the exclusion OF Tue
nersou. summoned from the same us"
II summonses were issued unuef o,e
recited in the statement herewith suun
10 Daniel W. True of Cumoerianu e
Edw.-i A. Gibbs of Cumberland county,
W;,l;,-, p. Field of Cumberland county,
Ru1ol,bus P. Thompson of Franklin county
lame. r. Talbot of Washington county
} Iohn n bennett of York county, ana Ira .
! ;hhx Of York county, would such summons-
o.. give either of the above named persons q
! r; rhr to take part in the organization OF SUI
xeouent proceedings of the Senate. "ouiu
60 r;,,bt rest in Andrew Halves of Cumoer
/ land county. Daniel Duran Of Cumberland
comfy. Henry c. Brewer Of Cumberland
comfy, Geo. II. Fernald Of Franklin eouh-
,v Alden Bradford of Washington county
Geo. X. Wakefield of York county, anu q.
" dearborn OF York county TO the exclusion
/ of the persons summoned from the same us
tricts: - .h.
). Does the same rule apply ~hen 'ne
member summoned appears by the returns 70
~. .lacted only because of some error in the
name or initial of the candidate not summoned,
when such error is correctable by law under
the decision of the court. and the omciai
record states the name and initials correctly
nm Ter the facts of the Lincoln senatorial us
,rict and the representative districts OF Exc
Tor Newcastle, GauldsbOro. Weston and Roo-
binston. as recited in the statement hefewnh
admitted or when the member summoned
appears bv the returns to be elected only pv
re;ec,ino the returns of one town because I'M
signed by the town clerk. though duly at
tested copv of the record of said town is sea-
sonablv offered as q substitute and rejected
under the facts as recited in the statement OF
the Lebanon district:
&. Ii the summons described IN the ques-
ton is void, and persons holding such sum-
monscs take part in the organization OF either
Senate or House of Representatives, and
without the votes of such person there are
less than sixteen (l6) members in the Senate
and less than seventy six (76) members IN
the House. voting for and against, and Of the
officers of the sO-called Senate or House,
have such bodies any legal organization or Of
fcers!
:. Without such legal organization in
either House or Senate, or without sixteen
! (l6) members in the Senate, and seventy-six
! (76) members in the House present and vot-
ing on the given measure, can any valid law
be enacted. anv legal officer chosen, or any
! business whatever be legally done except to
adjourn and if any business, what business!
$. Without a legal organization formed
and legal officers chosen. by seventy-six (16)
members present and voting in the House Of
Representatives, and sixteen (l6) members
! ortb
House compel the attendance of absent men,
bers!
i g. 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 constitution, and the de-
cisOn of the court!
10. Can the Governor and Council legally
administer the qualifying oath to the members
elect of the House Of Representatives, when
on yea and nay vote as shown b. the record,
only seventy-three (73) members, both sides
included vote on the motion to request the
attendance of the Governor and Council for
that purpose?
+. IL. Can a valid organization of the House
be made under the revised statutes, chap. .,
sec %, when under the facts as stated in
question 10 a protest was entered at the time
nay vote, and Notwithstanding that protest
the Clerk refused to put motion to adjourn
and the Governor appeared and administered
the oath!
II. Can the Governor and Council legal
ly administer the qualifying oaths to the
members-elect of the Senate. when only
twenty COO members, both sides inclusive
vote on the motion to request their presence
for that purpose and of that twenty (2O).
eight (s) though summoned did not appear
to be elected by the official returns, under
the constitution and the decision of the Court
and were not in fact elected?
IL. At what date in the year eighteen
hundred and eighty, USSO) do the terms of
Office. of the following State officers elected
III January. eighteen hundred and seventy.
nine, Os79) expire: The Governor, the
Executive Council, the Secretary OF State,
the Treasurer, the Attorney General and the
Adjutant General?
H. When the terms Of Office of the Gov
ernor and Council have expired, or their Of
fees vacant. and there is neither Governor
nor Council, can the members elect of the
Senate and House Of Representatives be le-
gallv qualified before magistrate appointed
and commissioned by the Governor. with ad-
vice of the Council. under a dedmus DO
testatem by virtue of the Revised Statutes
chap. 2, secs. IS and Sc, or bv anv other
provision of law.
Is. 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 twen-
ty votes only are cast for and against him,
and those twenty votes are made up a. de-
scribed in question ~
Is. Can a legally chosen President of the
Senate, become acting Governor until he has
legally qualified as such in addition to his
qualifications as President of the Senate?
II. Can such qualifying oaths he legally
administered bv president pro fempore OF
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 convention?
Is. When twelve persons are legally
elected members of the House of Represen.
tatives from the five cities of Portland. Lew.
iston. Rockland. Bath and Saco and that fact
Enthusiastically appears on the official returns
and BY the decision of the court on the fact
recited in the statement herewith submitted.
have those twelve members elect a right ia
take part in the organization and all subse-
quent proceedings Of the House without a
summons from the Governor and Council, no
other persons holding summonses for the
same seats2
10. Can a House of Reprasen.at,va. 4.