New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-01-28

to the tusl0n1st questions Is gwen Dcio". Inc
Court plainly says that the Fusionist
body was not legally organized, and that the
two houses in the Capitol building constitute
the only legal Legislature. Major Smith
says he is through playing Governor and
will go home. The better part OF the Fu-
sionst members of the Legislature, it is said,
will join the Republican body. Mr.. Sawyer
still pretends to be Secretary of State.
THE ANSWER FROM THE COURT.
THE FUsIoNIsr BODY NOT LEGALLY ORGANIZED
NO ESSENTIAL DEFECTS IN THE REPUBLICAN
ORGANIZATION.
BANGOR, Me-, Jan 27-The full textof the unani-
nous decision of the Supreme Judicial Court in an
swer to the communication from the Fusion House
is given below. 1t was completed this evening. The
Court declines to recognize the Eusionist bodies at
Augusta, and explicitly declares that the House and
Senate now holding sessions in the State House
pose the legal Legislature of Maine. The decision
is as follows:
BANGOR. Me-. Jan. 81 1880.
In response to the foregoing communication we,
the undersigned, Justices of the Supreme Judicial
Court have the honor to say that. while we cannot
admit even by implication, that the statement and
questions now before presented by any legally
organized legislative body, SO as to require any
art. @, Sec. 81, we feel that should be
omittiDg important service, which the people of
this beloved State and the gentlemen who have
presented these questions, presumably from an
honest desire to know their duty citizens in the
premises might fairly expect of us, if we fail to
give some Of the reasons which compel us to
decline to entertain and respond to the afore-
said statement and questions based there
upon. The solemn occasion is indeed here
in the unparalleled and omnous events in our pub
lie history which have occurred within the last few
months but we are bound to declare that these
questions are not presented by a legally constituted
legislative body. for the following reasons, briefly
stated:
When different bodies OF men, each claiming to be
and 30 exercise the functions of the Legislative De-
partment of the State, appear, and each asserting
their title to be regarded the law-givers for the
people, it is the obvious duty of the Judicial
Department, which must inevitably, at
distant day. be called to pass upon the validity of
the laws that may be enacted by the respective
claimants to legislative authority, TO inquire and
ascertain for themselves, with without the ques-
tions presented by the claimants. which of those
bodies lawfully represent the people from whom
they derive their power. There can be but one
lawful Legislature; the Court must know for itself
whose enactments II will recognize as laws of
binding force, whose lovcs of taxes IL Will
enforce when brought iudcially before II,
whose choice Of prosecuting officer before the Court
1t Will respect. In thousand ways II becomes
essential that tine Court should forthwith ascertain
and take judicial cOgnizance Of the question: Which
Is the true Legisaturei The existence of certain
facts raising questions as to the powers and duties
of the Governor and Council III canvassDg tho
votes for members of the Senate and House of
Representatives, was necessarily implied In the
uuestivds ,sopOGnded by Governor Garceon. and the
answer by this Court under date of January 3. To
put such qucstions in the absence OF the facts re-
quiring their solution would De an abuse OF The
al. fno irtn unffh fha
Court upon questions OF law on solemn occasions
These questions were fully answered, and by the
answers 10 appeared that the acts and dOngs of the
Governor and Council IN lssniDg certicates OF elec-
ton 10 certain rs Senator'S and members OF the
House of Representatives who did not appear To be
elected. and declining to issue certificates aud sum-
monses 10 certain men WHO appear To be elected,
were in violation of their legal and constitutional
obligations and duties.
We are hound TO take judicial notice of the do
ings of the Executive and Legislative Departments
of the Government and, when called upon by the
proper authority. 70 pass upon their validity We
are bound to take judicial notice of historical facts,
matters OF public nOt0rety and interest We
cannot accept statement which ASSERTS as
facts matters that In conflict with
The record and~histOTcal facts that we not at
liberty to disregard. We cannot shut our eyes TO
the fact that the Governor and Council then IN Of
flee dsregarded the opinion of this Court, given In
answer TO the Governors questions; that they
omitted to revoke the summonses illegally issued TO
men who did not appear 10 be elected, or to issue
summonses to men who did appear 10 be elected.
NOT A LEGALLY ORGANIZED BODY.
We know that the officers who presided in the
conventions of the members elect Of the Senate and
House on the first Wednesday in January recognized
as members of both those bodies men who were un-
lawfully introduced into them by the unconstitu-
tonal and illegal method pursued by the Governor
and Council, and refused TO recognize men who ap-
peared to be legally elected, and refused to per-
init any appeal from their Illegal decisions to
the bodies over which they were temporarily presd-
ing The report of the Committee of the Council
and the action of the Governor and Council
thereon, of which must take judicial notice
shows that men were thus admitted and excluded
upon grounds which this Court declared, in their
answer to Governor Garcclon's question, TO be un-
tcnablc and illogical. II cannot be successfully
claimed that there was ever a quorum in
the House of Representatives which under
took TO organize on the first Wednesday
of January without counting men who could only
appear to be elected because the late Governor and
Council pursued modes which this Court declared
in their answer to his questions to be unconstitu-
tional illegal and void. These mon were not in
fact elected They did not appear to be elected by
the returns canvassed in the manner III which the
Constitution and laws. rightly interpreted, required
the Governor and Council to canvass them. We
cannot recognize House of Representatives to
make quorum in which the presence of these men
was necessary as lawfully constituted body. or
capable of performing any of the functions of
House of Representatives. when due protest was
made in behalf Of those who were in fact elected by
the people. In like the presence in the Som
ate Of men claiming seats to the exclusion
of those whom canvass, legally conducted,
would show to be elected, and being recog-
nizcd as members Of the convention by
the temporary presiding officer, who, though the
protest against his Illegal action was made on the
spot refused to permit an appeal from his decision
to the convention of ScnatOrs-eect, ytiated the
ganizaion of that body We have only TO reaiiirm
the principlea we Inserted in our answers of Janu-
Qsn fhnan snhiectR in cnmnR to lie