The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-14
The Anarchy which the Fusion
Leaders Have Brought upon
the State.

To The Republican AdDisory Committee:
As counsel to the committee it is my duty
to call your attention and that Of the public to
the anarchy to which the Fusion leaders have
brought the state in four days of Legislative
rule by defying the Constitution, parliament
tary law, and the unanimous decision of the
Supreme Court.
THE STATE HAS NO GOVERNOR.
No successor to Gov. Garcelon has been or
can be legally chosen by the Legislature as
at present organized and fraudulently made
up Mr.. Lamson, acting President of the
alleged Senate has once publicly disclaimed
all authority or power under the constitution
to perform any of the duties of Governor. He
has acquired no new authority since his dis
claimer.
The obstacles to his right are:
1. The office of Governor has not this year
"become vacant in the language of the con-
stitution, because it has not been filed The
President of the Senate is not empowered to
act whenever the office Of Governor "shall be
vacant, but when it shall become vacant"
The opinion in the 9th Maine Rep 5O6, was
by divided court and did not raise the ques-
ton in controversy here.
q There is no legal body or officer before
whom under the constitution even a lawful
President of the Senate can be qualified as
Governor. No joint convention can be held
without quorum Of each branch separately
uote to go into joint convention. 1t is not pre-
tended that this was had. Mr.. Lamson quail
fed before an illegal officer in an unconsttu-
tional convention and the proclamation was
made by the Secretary of State whose term Of
qises. ast: as will be seen expired on "Wednesday
g. Worse than all Mr.. Lasnson is not the
legal President of constitutional Senate, be-
ause it will be apparent that
THERE IS NO LEGAL SENATE.
The body at present acting as Senate was
not orqanized by such members as the constttu-
ton commands!
1t is true that under the Revised Statutes,
eb. Q. sec. 21-25, no one can take part in the
organization of legal Senate or House OF
Repr ,sentatives but these certifcated, but 1t is
equally true that by the constitution, which is
above all statutes, no one can be cerhhcated by
the Governor and Council, unless he appears
bu the returns to be elected. 1t IS the conSlatu-
ton that must be obeyed, and if this or any
other statute permits men to organize Sehate
or House Cho do not appear 6y the returns ana
records to be elected, that statute Is unconstltu
tional and the Supreme Court, tits submitted,
could not regard it moment.
According to the unanimous decision Oh the
Supreme Judiciary of the State the Governor
and Council issued certificates to eight men IN
the Senate and seventeen in the House, acho
did not dppear by the returns to De elected.
The men thus summoned contrary to the con-
stitution and the decision of the Court by ex-
Guiding those entitled under the constitution
and the decision of the Court took part IN ana
effected the organization OF Doth branches anu
thus yitiated all proceedings 90 anitao-
IT would not be contended for moment tnat
men whose names did not appear at all on the
returns and for whom no votes were cast
could legally organize Senate or House,
even though they held certificates. But II the
Governor and Council can issue no Vailu Ger,
Iifeates to men whom the voters have not had
before them as candidates, how much less 10
those whom the voters have passed on ana re-
iected? Therefore also
THERE IS NO LEGAL HOUSE OF REPRESENTA-
TIvEs.
This indeed is not denied by the fuslonists
themselves. No vote recorded or unrecorded
shows the presence OF more then seVehty-lour
GA members, two less than tine legai quorum l
fixed by the constitution as declared by tne
Court. and vet they assumed to choose all their
officers and day after day enact the iarce Oh
LEGISLATION without that quorum, which the
constitution makes indispensable TO the small
est Legislative act. -.
Now however, they do nothing but meet
and adjourn and thus acknowledge their own
iliegality and impotence. The State has
NO COUNCIL, SECRETARY OF STATE OR TREAS
.URER.
These officers by the Constitution are all
chosen ssnnnudI[u''. Their terms OF ONCE are
not otherwise fixed.
By a careful rea1ing OF the Constitntloh, as
il ORIGINALLY stood, and comparison with the
- D6u1pOtg since passed, III Will dp-
ar,.ht that the terms & Of q1nee 3 eSS5 oJ
all the officers above named 6eg'n Wtt8 u'e ttrss
Wednesday of January in the year OF their
alection and end at the same date in the sue
cee1inq uear; so that each OF these otnces Is
now vacant. :, ,,
The Constitution as originally adopted In
1920, prescribed in the same language as now
the "annual election of the officers above
named. but in that Constitution was the addl-
ditional provision, Art. 10, Sec. 2, found In IL.
S. !SgS page a. Tho neriod for which the Governor
Councillors, Secretary and treasurer
first elected or appointed are to serve in their
respective offices and places, shall commence
ON the last Wednesday in May in the year OF
our Lord one thousand eight hundred ana
twenty and continue until the first WEDNESDAY
of January in the year of our Lord one thou--
sand eight hundred and twenty-five.
This especially fixes the first Wednesday 0i
Jdn,aru 1922 as the day on when tie Terms y.
the first State officers expired and the eieoIloMns M
being annual" each succeeding 0N'00'
O,1e 1Jenr from that date.
THis was expressly decided by M. justice
Paris in Maine Rep. 5O6 as to governor anu
Councillors. And as to all the state oiiceIs
this was the construction stampSu On .lie Oo.,
stitution by its trainers and by .helr suceessors
for thirty years as appears concluslvely Dy tne
following amendment adopted Mafcs ~, ioff'
amendments to Constitution, Art. o. -. ..
pages AZ and 4S) by which the various artlcles
and sections of the Constitution ''are so FAR al,
tered or amended as that the words the second
Wednesday of May are substituted for the words
the first Wednesday of January IN each OF salu
sections; and the provisions of the consuIu-
ton are so far altered or amended as lnas sno sl
the political year, commencing on he JtFSs
Vedaesdau ig January in the year OF our Lord
one thousand eight hundred and forty-hve'
shall hold their offices till the second ednes-
day of May in the year OF our LORD ono thouS-
and eight hundred and forty-sx
Also Amendment, Article s, adopted August
DIST. 1850 found Il, S. pages 40 and ~, oy
which the various articles and sections OF .ne
Constitution are so far altered ana amenpeu
as that the words the first wednesday OF Jan,
nary are substituted for the words second
Wednesday of May in each OF SAID sectiohsi
and the provisions of the constitution are st
far altered and amended as that the Governor
and other State officers elected LOT tne Pon1iea
wear commencing on the second "Wednesday q
Nan eighteen hundred tfty-one shall hold
their offices till the first Wednesday o. Jdisud-
m. eighteen hundred ffty-three...
Thns stands the constitution to-day. Each
State officer elected in 1858 dated his term from
the first Wednesday in January, and every sue
ceeding State officer to the present time mas
done the same. ,e...s,-
The result is that all the old State officers
,cent out of office on the first Wednesday o
| January last past and the, State has now no
Governor to execute its laws, no Councli 10
advise, no Secretary of State to guard Its arch
ives, no Treasurer to hold its funds, no Aftor-
ney General to prosecute for crime and no Leg
isIature in either branch which can pass a
measure, levy tax or enact law, which any
citizen is bound to obey.
| Is it not time that the men whom the people
have elected. as cpDearS by the returns them--
| seIyes, should ass emble, and in an orderly ana
peaceful manner establish legal government
in the State of Maine? ORv1LLE ID. BAKER
A Polyphonic Ear.
There is something to be said as to the differ
| ence in the way in which the highly-gifted
musician and the ordinary listener hear music.