The Portland daily press., 1880-01-12
ny Y. Tribune.l
A Bogus legislature.

| The conspiracy in Maine has not yet accom-
plished its purpose Not vote has been tax
Ell with the quorum which the Supreme
Court in its latest decision declared to be
requisite. Nevertheless the Fusionists pro-
pose to 90 on with the election of State officers,
the admission or exclusion of members,
and the passage of laws, as if the validity Of
their so-called Legislature were undoubted.
Surely such course was never pursued before
in any civilized community. 1t must be
known by every member who acts with the
conspirators that nothing can be done by such
Legislature as this which the Courts will
hold valid. Lacking legal quorum, this
body simply insults the people Of Maine by pre-
tending to have a legal existence and authority
to act in their name. Disorder, disturbance
and interminable litigation will grow out Of
any attempt by such body to exercise legis-
lative powers, and no man can estimate the
injury to the rights and interests of the people
of Name which a bogus Legislature may do
in single week.
The wrong is not without a remedy. The
pretended Legislature may be sure that every
step or act which anybody may care to resist
will be declared invalid by the Courts. The
case of Bashford as. Barstow, memorable in
the history of Wisconsin, illustrates remedy
to which Republicans of Maine may resort
entered upon the duties of the office of Gov
ernor, but upon appeal to the Courts he was
turned out, and his opponent was declared
elected, AID proceeded to administer the office.
Against any fruluent choice of Governor by
the fraudulent Legislature now sitting at Au-
gusta, an appeal could be taken with great
confidence, since the highest judicial tribunal
in Maine has just declared that seventy-six
members are necessary to constitute legal
House of Representatives. The withdrawal
afr,co1 To unt n n m "a If fhNSa
qualified, will leave the House absolutely in
competent to take any action whatever, and 1t
has been shown that several of the members
qualified refused to take any part in the pro-
ceedings. In the absence OF legal quorum,
no act can be passed which any good citizen
will be bound to respect; nor can such body
choose any official whose authority any person
will be under obligation to recognize.
Indeed, the remedy would doubtless remain
the same even though the quorum required by
law'should beltemporarily secured, 1t is plain,
only by the exclusion of persons who are plain
ly entitled to seats, and by the admission of
persons who, under the recent decision OF the
Supreme Court, have no. right to exercise
any of the functions of legislators. Seventy
six lawfully elected members, are needed to
form quorum. Fifty-six lawfully elected
members and twenty uSurpers, who take their
seats in defiance of law, cannot exercise any
power whatever. In reality, they have no
more authority as legislators than any unau-
thorized mob on street corner. Their pro-
ceedings can have no more validity than the
action of Seventy-Six convicts who might meet
in State prison and organize mock Legisla-
ture In some form the validity of the action
of such body will undoubtedly be tested at
once, and before the very Court which has so
emphatically denounced as unlawful the do
ings of the Governor and the Council. Nor
can there be any doubt that the Court will
hold that body composed of fifty-six MEM
bers who were never legally elected at all, is
not in any sense House of Representatives
and cannot form part of Legislature.
The conspirators seem to have overlooked
one phase of the matter. Guilty intention
has ripened into criminal acts. By suffering
them to organize House, and then to exclude
members who were clearly elected, the Re
publicans have permitted the Fuslonists to
commit overt acts which may cost them more
than they now suppose. Evidently the leader
of the Republicans could have prevented the
organization of the House, even for tempora-
nv purpose if he had seen fit to refuse TO qualify
as a member Had there been no good reason
for testing the purpose of those engaged In the
conspiracy, Mr. Hale would hardly have en-
abled the Fusionists even the pretence oil an
an organization. Perhaps it may occur to
them that they have been given power
enough to put themselves within the reach OF
the law, but not enough to do any mischief.
They are engaged in an unlawful and villain
GUS conspiracy, which it is quite possible that
the law may yet punish lndlviduals anu
communities have been robbed of their legal
rights, not by errors in constituting the law, put
by deliberate and high-handed defiance OF the
law as construed by the highest Court in the
State. From the highest to the lowest, from
Governor Garcelon to the cheapest member
who has voted to consummate this great
crime every participant in this transaction
has made himself liable to proceedings, the
nature and effect of which 1t would be well ior
him carefully to consider.