Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1880-01-16

these questions by appeal 10 the peaceful course Of
law. Believing This answer must commend ITSELF
10 your Judgment, the only one possible LOT me
lo.giNe. and with the highest respect and esteem
have the honor he your obe,ient servant. (Slgn-
Gu j. L. Chamberlain, MajOr-Genera-
A LEGAL OPINION.
Baker, counsel for the republican advisory
committee, has made report in which be
takes the ground that the state has now no
legal or acting governor. because If the Office
of governor had become vacant under the
constitution Lamson was not legally elected
as president Of a constitutional senate. Baker
holds that the fusion senate was not legal
body or legally organized, because it has no
quorum without the vote of members who
were not in fact elected and did not even ap-
pear to be elected on the face OF the returns
and therefore the certificates they held are
unconstitutional and void, and the governor
and council exceeded their power in issuing
them, since they are compelled by the con-
stitution TO issue certificates to those who
appear by the returns to be elected Such
certificates, Baker urges, are as void as if
issued to persons for whom no votes at all
were cast, or returned. For the same reason
the fusion house has no legal status, and for
the added reason that the house has never
had a quorum voting on the election of any
officer, even counting all the members with
fraudulent certificates Baker contends,
also, and illustrates by comparison Of the
constitution as originally passed in 1920 with
various amendments since that term, that
the Office of the executive, the council, the
secretary Of state, the treasurer and other
state officers. expired Jan. $, and all those
offices are now vacant.
THE FUsIoNIsTs DELIBEEATE-YAEIors MAT
TEss AND EUMoEs.
The fusionis,s held meeting this after
noon to devise plan of operations for to-
morrow, and committee was appointed on
the subject. A sensational rumOr is rife that
Gould of Thomaston telegraphed to Gen.
Chamberlain this evening that unless he re-
cogniZcd LamsOn as governor he was guilty
of treason. The statement published that
Lamson objected TO republicans coming into
the state house was mistake. Ii was MIR.
Lancaster superintendent of public buildings
who objected. Gen. Chamberlain regrets
that such report was circulated. When the
arms were removed to Bangor Iamson
gave his full consent. The questions to the
supreme court will not be made public until
to morrow. They will be sent to Bangor to-
morrow morning. 1t is announced that the
fusionists will choose a governor tomorrow.
THE BRIBERY BUSINESS.
The bribery committee of the house held
a session this afternoon. j. c. White of
Wilton made clear unqualified statement of
offers made him in the nature of a bride
He said the party offering was W. r. White,
his cousin. Wentworth of South Berwick,
testified that one Kicker offered him $500 if
he would remain at home the first two DAYS
of the session and afterwards offered him
500 down and SO day for forty DAYS.
Kicker IL Hannafrat (Fftel,., a.
that his son, who thought it was a disgrace
| for him to take his Seat tried to induce him
| to remain at home.
| THE QUESTIONS SUBMITTED To THE SUPREME
| COURT.
BANGOR. Me, Jan 1.-THE following are
the questions submitted TO the supreme Judi
clal court by the legislature for their deci-
sion. The papers were handed to Chief
Justice Appleton at about 12 o'clock. The
| questions were preceded by a preamble
giving detailed history of the controversy:
| First-IIave the Governor and council a right
under the constitution to summon person to attend
| and take seat in the Senate or House of Repre-
sentafiyes who by the Official returns under the de
clsOn Of the court does not appear elected but
defeated or not voted for: or would such summons
he merely void exceeding the powers OF the
Governor and council under the constitution?
Second-iias the holder OF any such summons a
| right TO take part in the organization or subse-
quent proceedings of either house TO the exclusion
OF the members rghifuly elected as shown by said
| returns under the decision of the court or does
such right rest IN said last named member TO the
! district.
ThirI-If summonses were issued under the facts
| recited in the statement herewith submitted to
| Lewis Voter of the Pennington district Daniel
! Snow Of SkOwhegan, Alfred Cushman of Ashland
james o. White OF JAY, Leonard IL. Beal of Lisbon,
| Osg Ood y. Bradbury Of Stoneham. George W John
/ son of New Sharon Lincoln II. Leighton Of Cherry
field. Aaron II. Woodcock OF vansebOro Harper
Allen OF Fairfield and Joshua L. jordan of Sears
port, would such summonses give either of the
above named persons a right 10 take part in the
organization or subsequent proceedings.
Other questions refer to the legality of the
election of the president of the senate and
his qualifications as acting governor: the
right of members from the DISTINGUISHED
cities to take part in the legislature without
official summons; the right of the house to
organize with only 139 names on the roll and
the right of members from certain districts
elected according to tire returns to take part
in the legislature without official summons,
when other parties summoned decline 10
serve. The remaining questions have refer
ence TO what constitutes legally organized
house or senate and the power of the acting
legislature to admit or exclude persons claim
ing to have been elected Ii is also sought
to be known if a resignation made before the
legislature assemblies can be cancelled after
the assembling Of the legislature, and wheth-
er if the official returns Of votes for governor
should be inaccessible it is competent to
count the votes for governor by using certi-
fed copies of the official record OF cities,
towns, etc.
The associates justices will arrive in Ban
gor this evening. The court convenes to-
morrow.
TIE FUsIuNIsT5 woRkING FOE 4 QUORUM
The house met this afternoon. Robinson
! from the committee on elections reported
that IS members certihcated by the governor
and council had appeared and were qualified.
| Dickey from the same committee reported
that the committee had unanimously agreed
/ to report in favor of unseating Joseph Dun
nell, republican member from Westbrook
and seating Merritt Styles (dem. on the
ground that Dunnell had only two majority
and three men at least voted for him who
| had no right do so. 1t was Il clear case and
he moved that the report be accepted. Hill
of the cOmmmittee said he had intended to
bring in 4 minority report. The
committee was not appointed until this
morning and Dunnell had no opportunity to
appear and he heard. He was Greenback-
or. and had no love for the republican
party, but was here TO do his duty
fairly and squarely. He wanted no snap
Judgment and moved the report be recon-
mitted Swan Of Minot was for immediate
action. This was n legal body. This was
no time for delay but for action. Right and
justice must triumph over disorder and
anarchy. He was for seating Styles at once
Perry Of Camden was ready to give Styles
his seat at once. Ouri constituents are ask
ing, why this delay; why are 100 or 200
extra police in this capitol and crowCling
these galleries? 1t is one of the games OF
intimidation by the republican party.
Vote as YOUR conscienccS dictate without
intimidation. Broadway of Norway and In
gals of WiscasSet were for delay. We should
wait and see if time would not evolve peace
ont of the present excitement. Hill said if
weare right we can afford to wait. The re-
port was recommittod by more than two 10
one-a triumph for the conservative element.
The object Of seating Styles is to make II
quorum. The house then adjourned.
The Latest.
THE EXCITEMENT NEUTRALITY-SUSPICIOUS. EXIsT-
ING RUMORs.
A large number of people at Bath, Port
land and Bangor, alarmed NJ the reported
condition of affairs here were ready to start
for Augusta hut before the trains left they
were informed by telegraph that there was
no particular necessity for their presence
Us it was many came TO he on the ground to-
morrow. Assurances are given by those
in command at the state house that no
alarm need be felt in regard to any defence
necessary for the protection of the records
and the people. The fusionists are busy
holding caucuses tonight and it is limited
the forward movement postponed to-day will
be vigorously pressed tomorrow. 1t is re
ported Attorney McLellen is preparing q
warrant for the arrest of Gen Chamberlain
There is Il police force of $50 at the
state house tonight Sentinels are placed
outside at the entrance. The report that Mr.