The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-04
Reply of the Supreme Court TO
Gov. GRrcelon's Questions.
The General Drift Unfavorable TO
the Action OF the Council--party
Speculations In Augusta
The Fusionists Insist
That the Count
Must Stand.
What the Leader Of the GreenhackeTs Thinks
Of tbe Situation.

AuausrA. Ne. Jan. Vi -solon Chase. leader or
The Greenbackers In the State Of Meine, was In
tsrvlewed by Representative Of the A. sociated
prasR this eveainE with the fSllowfbg result
Question--It has been reported that you do
not favor the count out
Answar-Weil u never favor aryfhinR thHt tH
wrong, and VI anF wensg has been ogmmttted,
and don't eay there haa beet. tien Of course [
don't approve Of II.
Q.- How Az ronr people feel about this mat
A.-srhe Republicans are. If course iudig-
nnnt but outside of that party people are
RE orEss y Noahns ese Gone n ar u
eaS o ses Wkat is the reredy for tn, people II
A.-Tne paoplss great tribunal thu EiaRisla.
tpre. which ts snvetior 70 the a.yern%or % and Y,
hav s,r,orme9 9 ,bsr du,, hopestly ps and com
rcientiously. and II they have done wong II
has nst been Intentional. There are different
pretime it. The ess caflve mey have Haade mi. =
takes, but they will be correctea NY tha lunell.
s bs the sea9sd ssy 81 r be ssslon
Al certainly thinA so, Members counted IN
Hho%ld feai nnder obligations 80 ma here anh
feel q little doubtful about thu people sending
them here: that would not prevent them from
aefnx honestly. balisye thara u GOO, deal M
naopie, Me, Chase spemad to pnt great en-
phHais on the idaa that the people must not for
Ret they owe allegiance 20 the REGULAR authori-
fHis position on thaae matters IL regarded aa
one Of considerable tmoo tame. as he is an ae-
kmuwladRed leader In the afeanbaok uartS. lit
III reported that will remain here until after
the Organization. and do his best to bring the
0reenbackers into line.
rARTv spEurtfATfoNH In AUGUSTA.
AUGUSTA. Me-. Jan. 3-The opininn Of the
SndRes on the uuesttnnB submitted by Gov
Harcelon are esnected to be. promulgated at
Hanger toi,,nay. ,, Thers age nd,ca,lons tnat me
most cg the ppinte a. issue. The Republicans
are hiEhiY elated. aud are looking for sweep.
Ina Endorsement nf The Republican position,
and say that Ii will give them control of the
Legislature beyond a doubt. The opposition
appear depressed eoriesuondinRly. though
reason for depression. They say thu LeaIsla-
tnre Will be duly and promptly crgan,s,i on
otsI sapuaps I ny he aopearsnea 2.
promptly will proceed. Notwithstanding the
boasts Of the Republicans that no quorum Will
Four FuHion members have already Indicated
TINT they Will not accept their certificates
Hon Eugene Hale aud ConsresRman rtenhen
ID Lindsey came here tbia forenoon. Lindsey
expresses the opinion that the counting out
Will not surcned. and that the members wall DC
iuHtfce to those who have been disfratchised or
their eeats. Ii In known that no otfl 'iai orders
were ever received for the empoyment. .of
armed poiiea at the State House. Mo tof the
ktate officers say that they dsapprove cf the
act. few OF the members elect are here, and
more will come by the night train
A rEunABIy RAsELEss RUMaR.
nospos. Jan. . "A special di@pach from
Augusta says that rimora prevail In some of
the cauntieB that certificates OF election have
been laaued II blank bearing the seat ~ the
Secretary OF State, aud given to, Republican
members who have heen counted out. Az
pended 60 the certificates are the words: You
wial be protected"
REFUSES 10 ACCEPT THE CERTIFICATE.
PENNINGTON. Me-, jan. 2-Louis Voter. Demo-
crAt, who was counted In Nv The Faaluniats a. a
Representative. has returned his certificate to
tho Governor, believing that the reasons given
for thu Issuance OF the certificate to him are not
sufficient to Justify his acceptance OF the posi-
REPLY or THB SUPREME COURT TO GOV. GAReE-
Ions QUESTIONS.
BANGOR, Jan. s--The following IL the full
official text OF the unanimous optniona of the
Supreme Judicial COURT, finished and signed
this evening. In answer TO the questions auh-
BANGOR January 3. 1880
Judicial Court,haye the honort submit the fol-
luwlrg answers T, the questions prnpDuuded:
eide there y no return from city on which
Representatives can be rummenaa to atteud
and take their seats in the I@isatnre. IL II |
their duty tQ order new e'tt1n. or Is IL COM
petent for the House OF Repre- sentattves, IL it |
shall appear that there wRs an ele 9tlbn of such |
Representatives. 20 admit them 70 seats though
no return thereof was ma ~ ami delivered Into |
the Office OF the Secretary of Stare2
Answer-No authority Is given e. the ,vern- |
d new election. When the seat OF Representa- |
tive has been vacated by death, re- .ignatton or |
otherwise. provision Il made by the Revised !
SatutaH chapter 4, sections ~. a. aud Al for the
slsinE or existing varanci by these provisions. |
Whenever the municipal officers therein man. |
death of RepreeeSa % i've .lee' II vacancy \. n
caused in any other way, II Is their duty 20 order
new election, Il ! appears to the House of
should admit the Representatives tn tn. ir seats
though no return thereof was made to the Sec /
rotary of State. A Representative Is not 70 he
deprived of his rights because the municipal |
officers have neglected heir duty.
y second-Is It competent for tho Governor and /
Council 10 allow. the substitute ~ OF other. evil
Nc are provided for Ia article 4. part l. section /
Y. OF the constitution. TO enable them TO deter
20 he Legislature by plurality OF
Gnswsr.-This refers to the substitution au-
fhSrizsd by act of 1871. g. ana The cpnstitu-
hon calls for a return that is regular In Its
essential forms aud which rruiy rap esents the
sAs to ~ described oy IT. put much OF The con-
e does not aim at depriviug the people OF
l1air right ot suffrage. or thetf right Of repre-
Ing such a result Where the constitution a Al re-
5asrement has not oeea fully or has baen de.
!ectively executed by town a asrs. IL Is 10 aid OF
the constitutional provision to supp,y the omls-
sions or. deficiency a. nearly and as correctly
as may ha. Such is the purpose of the statute. |
Et IL competent for the Governor and Council TO \
allow an erroneous return or ona that Il in II
formsl or defective tn bs aided and corrected BY
an atteatedsopy of ths record. as by the statute
provided. The ohiret of the ms itutional
provisions respecting elections is TO furnish
q many safeguards Is may he against failure. II
aither tnrousk fraud or mistake correctly to
and dacla q the will of the people as
IMPRESSED IN the choice M rheir officers and
~ islatorss hence the requirement. that not only
inall ths returns 3 ma,ie on ths spot In open
own meettng, but the record Of thu vota shall
- made at the same time aud authenticated
z 2 IKE manner. II os ac idant ar wiItul nag lect
"a be safer than to refer tothe duplicate state
hnt bg the record 10 correct ii? This the .
Atute of ls7T tu 2l7l allows ba done. and ,
Fnile the language Is pc IN ssive. It falls with.
the well known legal rule that wheu public
lRhtS are concerned II III III b. construed IA
laadatory q scommand clothedlin the Ian guage