National Republican. (Washington City (D.C.)) 1872-1888, 1880-01-28

ganzatiOns made on January 12 were made by
a majority Of members appearing to be elected,
and having primd tdcie rights TO seats. The
points raised by statements and questions sub
mitted that no legal organization could Inc
formed on January 12, because no notice ofthc
Intended action was given to the minority or
non-attending members so as to enable them
to participate therein. The minority were
not excluded. Tho organization was made in
public manner The minority were ut the
time claiming to be, and are still claiming TO
be, the lawful legislature. IL is not presumed
that thoy would have abandoned that organ
izati0n at that time had notices been given.
We do not think that want OF notice inva-
lidntcs tho organization of January 12.
There may bo Irregularities in the manner
in which such organizations were formed, but
the voice Of the people is not on that account
to be stillcd, nor the true government fail to
be maintained. No essential defeat anywhere
exists, but only such departures from ordinary
forms us circumstances compelled. History
can never fail to disclose tho vital fact that the
organizations of January 12 were formed by
full quorums of persons appearing by the re.
cords aud returns as the only elected members
of either House. II cannot bo that suoh con-
struction must be given to the constitution of
the State us will subvert the plain and obvious
intontion of its trainers or place IL in
the power of few men who, to perpetuato
their hold upon offices in the gift of tho peO-
pic, in defiance of the will Of voters, constitu.
tionaly expressed and ascertained, by their
own neglect of duty, have made some depar.
ture from direct provisions and ordinary
forms inevitable. A legally.organized cgsla.
ture being now in existence and exercising its
constitutional functions It follows that no
convention Of members'clect Of either House
can exist which can DO treated as n nucleus
for another organization. Two governments
are claiming to be In existence as valid, and
entitled TO the obedience of the people. Both
cannot rightfully exist at the same time, but
one government can be recognized and obeyed.
The responsibility and solemn duty are i'm
posed upon us TO determine which is
entitled to judicial recognition. We thore-
fore, after due deliberation and consideration
of all the matters involved, affirm and declare
our Judgment to bo that tho Senate, whose
presiding officer is Hon. Joseph A. Locke, aud
the House of Representatives, whose presiding
officer Is Hon, George L. Weeks constitute tho
legal constitutional legislature of the State.
JoHN APPLETON, JOHN A. PETERS,
CHARLES w. WALTON, ARTEMUs LIBBY,
WILLIAM g. BARRows, JOSEPH w. SYMoNDs
CHARLES DANFoRTH,
THR STATE MILITIA.
AUGUSTA ME-, Jan. 27.-Thc militia laws
of the State have not boon revised since 1865
and the legislature will undoubtedly authorize
II revision during the present winter besides
taking measures to put the militia on more
substantial footing. A resolution to that effect
will be introduced tomorrow.
THE FARCE ABOUT PLAYED OUT.
AUGUSTA, ME-, Jan. 27.-The Fusionists arc
very much depressed at the reception of the
news from the court Major Smith says he
believes tho controversy has ended. Ho states
that while the previous opinion of tho judges
was based ON the Republican statement, there
was room for reasonable doubt; but in view
of the fact that the court had decided against
them on Fusion statement he could but
gracefully submit. He said he had gotten
through playing Governor and should &C
home. Major Smiths views will be adopted
by the better part of the Fusionists who will
take their seats in the legislature.
Mr.. Sawyer says that he still considers him
self Secretary of State.
ingalls,, the leading member of the Fusion
House, says he is not prepared TO give an
opinion tonight. but that he has always been
in favor of yielding to the court.
EXCLUDED FROM PORTLAND.
PORTLAND, Jan. 27.-The propretors o.
Congress Hall have decided not to let it to th,
Fusion legislature on any terms. The Fusion
legislature will therefore probably not come
here.