The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1880-02-04
GENERAL TELEGRAMS.
MAINE.

eTEsrIOxs OF THE FUsIONIsTs.
BANGOR, Jan. 27.-The following is full
text OF the unanimous decision OF the supreme
judicial court. completed this evening, declin-
ing to recognize the Fukionist bodies at Au-
gusta, and explicitly declaring the House and
Senate now holding sessions in the State
House OF Maine, the legal Legislature of
Maine:
In response 10 the foregoing communication,
the undersigned justice of the supreme judi.
eisl court, have the honor to say that while
the siItement and questions now
before as are presented by any
TO require any opinion from US under
the constitutional provision IaGt o. sec; r ~, we
ant service, which the people OF this beloved
State and the. gentlemen who have presented
these q9estlons presumably from an honest 10 ,n
premises might expect Of US. II we fail TO
give some OF the reasons which compel us TO
said statement and Questions based thereupon.
The solemn occasion is indeed unparaueleu
and the ominous events In our public history
months, but we are bound to declare that
these questions are not presented by
Legally eSnstutee bESeav state9
When different bodies OF men, each claiming
To be and exercise the functions OF the leglS-
lative department of the State appear, each
asserting their title to be regarded as law Civ
ers for the people, IL is the obvious duty OF the
judicial department., who must inevitably at
no distant day be called to pass upon the val
idity of the avs that may De enacted by the
respective claimants to the legislative author
fty to INQUIRE and ascertain for themselves,
with or without questions presented by the
claimants, which OF those BODIES lawIully rep
their power. There can be but one lawful
Legislature. The court must know for itself
as OF binding force, whose levies of tax it will
enforce when brought judicially before It,
court it will respect. In a thousand ways it
becomes essential that the court should forth
with ascertain and take judicial cognizance OF
the question. Which is the true Legislature?
. The existenc of certain facts raising the ques-
, tion as to the powers and duties OF the COVER
nor aud cOunciI in canvassing the votes for
members OF the Senate and House OF Repre-
sentatives was necessarily implied in the
questions propounded by Governor Garcelon
and answered by this court under date of jan
uary 8. To put such questions in the absence
of facts requiring their solution would De an
abuse of the power OF the executive to call for
an opinion OF the court upon cues
tons Of law on solemn occasions.
These questions were fully answered,
and by the answers 1t appeared that the acts
and doings OF the governor and council in
as senators and members of the House of Rep
resentatives. who did not appear to be elected,
and dscinlng 10 issue eerunG ; ana 81 sum ~.
elected, were in violation of their legal and
constitutional obligations and duties. We are
bound to take judicial notice of the dOtDgs OF
the executive aud legislative departments of
the Government, ana when called upon by
proper authority to pass upon their validity.
care bound 10 take judicial notice of histori-
cal facts matters Of public 9otOrlsty and mn IN
as facts matters that are i'm con-
ict with The record, and historical facts
can not shut our eyes to the fact that the gov
ernor and council then in office disregarded
the governors questions omitted to revoke
the summonses illegally issued to men VINO
monses 70 men " who did appear to be elected.
We know that the officers who presided in the
conventions of the mem bers-elect of the Sen
ate and House on the first Wednesday in Ian
uary recognized as members OF both these
bodies men who were unlawfuny introduced
methods pursned by Governor Garcelon and
council ana refused to recognize men VINO
appeared 70 De legally elected, and refused to
permit any appeal from illegal decisions to
bodies over which they were temporarily pre-
siding. The report OF tn committee Of the
council, and the action OF the governor ana
council thereon, of which we must take judi
cial notice. show that men were thus admitted
and excluded upon grounds which this court
declared, IL their answer TO Governor GaTce-
Ions questions, to be untenaole and illegal. 1t
evera quorum N the House of Representative
which undertook To organize on the first
Wednesday of January, without counting
because the late governor and council pur ued
modes which this court declared, IN their an
swer to his questions, 10 be unconstitutional,
illegal and void. These men were not in fact
elected.
They did not appear to be elected by the re-
stitution and laws rightly interpreted
quired the governor and council TO canvass
them. We can not recognize House OF rep
resen tatlves 10 make a quorum in which the
presence OF these men was necessary as a law
ing any functions of a House of Representa-
tives when due protest was made in behalf OF
those who were in fact elected by
the people. In like presence in
the Senate OF men claiming
seats to the exclusion of those whom q can.
legally conducted would show to be
the convention by the temporary presiding
offieer.who, though protest against the illegal
action was made on the spot, refused to per-
init an appeal from his decision 10 the con-
vention OF the senators elected, and Vitiated
the organization of that body, and we have
only to reafnrm the inciples we asserted
iE00 our answers OF January IT,
TO a resuIl-ihat the bodies prOpOunding to us
the foregoing questions are not legally or
gained House OF Representative I've anu Senate
remainstO be considered whether there Is a
legally organized Legislature in existence en-.
upon the people and courts of the State. The
action of those controlling the proceedings on
the first Wednesday, the Sth of January, 1850,
quorum OF those appearing TO have been
elected to either House. 1t is matter of his
tory that after unsuccessful resistance TO ile-
gal action OF the officers attempting to create
leg 'lative organization on that day, a ma
jol ttY OF persons who appeared TO be elected in
net 20 Houses formed an organization of
them elves. and they Iefrained from forming
an III lcptuuent OIkhulZhIiOn l<ln Oh
Jsnu Try. hoping, until then. TO obtain their
Tigh :. They were forced into such position
~ the Illegal action of a minority of
he members whose action they were not
q i ed to submit to which they could in
TIN r reasonable manner resist. The organt-
zst .Ons made on January - were made by a
majority of members appearing to be elected
ana having prima fscie rights to seats. The
point is raised by the statement and questions
submitted that no legal organization could be
formed on January l2, because no notice of
intended action was given to the minority or
nOn-attending members, so as to enable them
to participate therein. Inc minority were not
An excluded organization. IL was made in a
public manner. The minority were at the
time claiming 20 be, and are still claiming TO
be a lawful Legislature. 1t is not presumed
that they would have abandoned that organi-
cation that time had notices been
given. We do not think that the want or
notice invalidates the organization Of
January II. There may be Irregularities
In the manner in which such
organizations were formed, but the voice
of the peopls is not on that account
to be stifed. nor true government fail TO be
maintained. No essential defects anywhere