Daily Kennebec journal., 1880-01-13

'-.,, move !. II necessary, and there should
!. ~ douht whatever Of the fact. not even
rs =. bre.th Of a suspicion, that there is
a'e.. ~, r,s;or;tv of the members. Of which .
IIo,,.s of fRepreseptatives should be composed,
nresent and voting when the House under-
90. to send to the Senate the names OF Two
rorsons of whom the Senate shall. ~ Daiios
slsrt one. who sh.ll be declared the stovefnor.
Il, l.. vell-kpown fact, that there 10 mos
a majority. viz, seventy-six representatives
5uIx ouaiified, present in that House. NO
ono vill undertake truthfully to make such
statement: everybody knows that there - not,
mi no one more certainly than the Hon.
gentleman presiding oyer that body:
Again, even granting that that House mas
nm ;ts present roll of membership the names
of seyentv-seven persons, who have taken tne
oath required BY the constitution, and nave
subscribed to the same before the Iovernor
and Council Of last year. and that those sev,
entv.seven persons have been present ana
.ct;no in said body all the time continuously
.;rce said oath was administered, and were
nresent and voted at tile organization OF sald
bodv. Still claim that under the constitu-
tion and laws of this State. said returns are
not legally before these two bodies, SO that
the House can select two names to be sent 10
this body, from whom we should select
Governor. and for the following reasons, VIE
Previous to the year 1864, the constitution
of this State, Art Nv. part lst, section .,
provided.
1.-The meetings for the choice of represen-
tatives shall be warned in due course OF law
by the selectmen of the several towns. seven
days at least before the election, and the
seiectmen thereof shall preside impartially at
such meetings, receive the votes OF all the
qualified electors present, sort, count and de-
clare them in open town meeting, and IN the
presence of the town clerk. who shall form q
list of the persons voted for, with the NUMBER
of votes for each person against his name,
shall make fair record thereof in the pres
ence of the selectmen, and in open town meet
ing; and a fair copy of THIS list shall be at
tested bv the seiecfmen and torn clerk, and
deiirered 6y said seleefmen to each represenfa-
tire rithin ten days nezt after said election,
&C."
Under the above provision Of the constitu-
ton there is no question, but that the select
men simpl- performed q ministerial duty;
they were not judges If elections in any sense
whatever; they had no right to inquire wheth-
er or not the warrant calling the election had
been legally issued: whether or not the con-
stable to whom said warrant was directed,
had posted up copies of said warrant duly At
tested by his own signature; whether or not
his return or the warrant showed the date
when he posted said copies their duties were
simply ministerial, nothing more.
In 1864. in order to enable the soldiers on
the field to vote. and that their votes might
be counted and added to the votes of the sew
eral towns where their homes were, these du-
ties. formerly performed by selectmen, were
by a Resolve adopted March -, 1864. trans
ferred to the Governor and Council, and by
that resolve there was transferred to the
Governor and Council the same ministerial
duties which before that time had been per-
formed by the selectmen, with no more au-
thority to change them in any way than the
selectmen had. Our Government is based
upon the idea. that any man who shall be
deemed worthy to be exalted to the high Of
flee of Governor of this State or to be made
our honorable Councillors, should be hOest,n
and support and maintain and carry out the
spirit of the constitution and the laws. accord
ing to his oath, the latter clause of which
reads as follows:
II -. do swear. that / will faithfully
discharge to the best Of my abilities. the du-
ties incumbent on me as - according to
the constitution and the laws of the State. So
help me God"
term of Office has just expired and each one
of his Council took.
Let us examine and see if they have been
faithful to that oath.
Article III. of the constitution of this State
reads:
"Sec. l. The powers of this government
shall be divided into three distinct depart
ments, the Legislative, Executive and Judi
cial.
Sec. 2. No person or persons, belonging
to one of these departments, shall exercise
any of the powers properly belonging to either
of the others, except in the cases hereinafter
expressly directed or permitted
If they have not been faithful to that oath,
and have assumed and exercised any of the
powers properly belonging to either of the
other departments, and in that violation of
their oath have gone beyond their ministerial
duties in tabulating the returns for represen-
tatives, and have issued certificates to persons
who did not have plurality of the votes cast
for representatives As by the lists of votes
sent to the Secretary of State, from the sew
eral towns, then those certificates were
fraudulently issued, and are not valid. and
the parties holding them are not entitled To
seats on the floor of that House, neither are
their doings there, acting under those certifi
Gates, or summOnses, of any binding force.
and their acts are illegal.
Mr.. Locke then went on to show that the
Governor and Council had no right to issue
summonses to persons who were not elected
and then proceeded to present cases which
are already familiar to the public in which
such summonses were issued. Amer estab.
iishing that there is no legal House, Mr..
Locke proceeded to show that the Senate also
is net legal body. He argued that the Gov
ernor and Council did not comply with the
constitution in making the count, and thai
their acts are therefore not binding to the ex.
tent in which they disregarded the constitution
He then took up the cases Of the Cumberland
Senators, giving the vote cast for each. and
showing clearly the outrage which had been
inflicted upon the people Of that district
The other senatorial districts in the Gtate
were also sharply reviewed a. to the action of
the Governor and Council. Having thor.
oughly exposed the ilegality Of the count M
Locke took up the pretended organization of
the Senate. The Senate was organ;zed hv
twelve men who had a plurality Of the vote.
cast In their respective districts, assisted bv
eight men who did not have a plural;tv ~
votes. Under the rules Of all legislative a.s.m.
olles 1t requires majority Of persons enti.
tied to seats to elect President and orosr;.o
the bOdy This r,,lo noS h..:--