Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1880-01-29
@isetllaneous. &
THE COURTS ANSWER.
THE REPUBLICANS UPHELD.
Their Legislature Declared Legal.
Ne Y..,s.lA ues, fer she Yusse.sss..

Nv special messenger OF the supreme JuOtCiAi
court addressed to Hon. Joseph A. Locke.
! President OF the Senate. and Hon. George
r. Weeks. Speaker Of the House OF Rep
resentatives, Augusta. Me-:
BANGOR, ME, Jan. l6. 1850.
The undersigned, justices of the supreme
judicial court. have the honor to submit
the following z answers to the interrogatories
proposed and based upon the accompany
ing statement OF facts:
l. Have the Governor and Council .
right under the constitution to summon y
person TO attend and take = seat In the
Senate or House OF Representatives who
by the official returns under the decision
OF the court does not appear TO be elected.
but defeated, or not voted for: or would
such summons be merely void as exceed
ing the powers OF the Governor and Coun-
Gil under the constitution?
Answer-An election has been had by
the electors OF this State. The rights OF
the several persons voted for depend upon
the votes cast. The result should be
truly determined la accordance with the
constitution and laws OF the State. twas
the duty OF the Governor and Coancil thus
to declare 1t. Any declaration OF the vote
not thus ascertaiDed and declared Is un-
authorized aud void. The Governor and
Council ex amined the returns and undertook
To declare the result as app, -.rd by the
returns. Various questions Involving the
true construction OF the constitution, and
statutes relating thereto. arose. and the
Governor, by virtue OF his constitutional
prerogative. called upon this court for its
opinion upon the questions propoonded.
By the provisions Of the constitution the
court was required 10 expound and con-
strue the provisions OF the constitution and
statutes Involved; 1t gave full answer TO
those questions. The opinion OF this court
WAS thus obtained in one OF the modes
prov ided in the constitution fer an auihori-
taiiye determination Of important ques-
tIons OF law The law thus determined
is the conclusive guide of the Governor
and Council 10 the performance OF min
is,-iial duties. ANY action on their par,
in determining the vote as II appears by
the returns In violation OF the provisions
OF the constitution and law thus declared
is usurpslion OF authority and must be
held void. II only remains to apply those
principles to subjects embraced q the ques-
tions propounded.
The Governor and Council have no right
10 summon a person 10 attend and take his
seat In the Senate or House OF Representa-
tives who by the returns before them was
not voted Tor. or being voted for WA de-
Iehltu. 10 euhtuoh JUG III hp
| vote. had been cas-, would be q deliberate
| violation OF official duty. To summon
those whom the return, show were no,
elected would be equally such violation.
| Either would be inIruders without right
| into . legislative body. The summons
| thus given would be void as 10 excess OF
| OF any powers conferred by the constitution.
| Grast this power and the rights Of the
people TO elect their officers Is at an end.
2. Has the holder OF any such summons
| . righ, to take . part in the organization
or subsequent proceeding OF either house.
| to the exclusion OF the members rightfully
| elected. as shown by said returns under
| the decision OF the court; or does such
right rest In said last named member, to
| the exclusion Of the member summoned
| from the same district!
3. II summons were issued under the
facts reciied in the statement herewith sub
mi,ted, TO Lewis Voter Of the Pennington
| district, Daniel Snow Of SkowhegAn. Al
| fred Cushman Of Ashland, James o. White
| OF jay, Leonard Ii. Beals Of Lisbon,
| OsRood n. Bradbury Of Stoneham. George
W. johnson Of New Sharon. Lincoln II.
Leighton Of Cherrydeld, Aaron II. Wood
| cocE Of vauceboro, Harper Allen Of Fair
field, Joshua Z. Jordan Of Searsport,
would such summons give either Of the
above named persons q right to take part
| Ia the organixati0n or subsequent proceed
ings OF the House. or would such right
rest In Cyrus II. Thomas Of the Farming
ton district, Hiram ). Stewart OF the
| SkowheRsn district. John burnham OF the
Ashland district, John X. Eaton OF the Jay
| dis,rict, William II. Thomas Of the Lisbon
district, A. +. Andrews Of the Stoneham
! district, David n. Norton OF the New
sharon district, Henry c. Baker Of the
| Chsrryfieid district. Charles A. Rolf OF the
vapceboro district, A. b. Cole Of the
Fairfield district, and Robert French OF
the Searsport district, to the exclusion OF
the persons summoned from the same dis
trictsf
| 4. II summons were issued under the
| facts recited In the statement herewith
submitted, to Daniel w. True OF Cuuber-
land county, Edward A. Gibbs Of Cumber-
land county, william K. Field Of Cumber-
land county, Rudolphus Z. Thompson OF
franklin county, James X Talbot OF wash
ington Coonty. John =. bennett OF ork
| county, would such summons give either
/ Of the above named persons . right 70 take
part 10 the organisation or subsequent
proceedings OF the Senate; or would such
tight rest 10 Andrew Hswes OF Cumber-
| Land county, Daniel Duran Of Cumberland
| county, Henry c. Brewer OF Cumberland
county. George II. Fernald OF Franklip
| county, Alden Brsdford Of Washington
| county. George X. Wakefield Of York
| county, and J. W. Dearborn Of York
| county, to the exclusion OF the persons
/ summoned from the same dstrictsf
| Answer-The second. third and fourth
questions may be answered together. The
answer to the nrst question covers much
ofthe ground embraced BY these questions.
4 ~ which VOin fOr
| the reason that the Governor and Council
have failed to correctly perform the con-
stitutionsl obligation resting upon them.
have no right to take . part In the organ.
IzAtiou or in any subsequent proceedings
Of the House 70 which they are wronRfally
certincated. They are not In fact mem
bers. But the members rightfuily elected
| as shown by the official returns and the
opinion OF the court upon the propositions
heretofore BY the Governor presented "
the court are entitled to appear and act 10
the organization Of the houses to which
they belong. Unless the House and Sen
ate, in Judging Of the election and quail
acatIon of members, shall determine 70 the
contrary. . member without . summons
who appears 70 claim bis seat 10 primo
Iaeie entitlsd to equal confederation with
| 4 member who has . summ0ns. He 10 not
70 be deprived OF the position belonging
To him on occoupt Of the derelicti0n Of
those whose duty Il was 70 have given him
the usual Summons. The absence OF that
evidence may b Supplied By other evi.
depce Of membersbip. The House and
Senate have the same right 70 consider
and determine whether In the 6rst instance
such persons appear 70 have been elected.
and finally whether they we're 10 fact elect
Cd a. they have Of any and oil pereons who
appear fer the purpose Of composing tneir
respective bodies. Under the tacts reciteo
In the statement submitted to 10. we are OF
oninIon that Lewis Voter and associates
| ~ .amaA In nnaafion three were not