The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-01-15
The Situation I'm Maine,

RUM0Rs AFLOAT-HALE UNsEATED, &c.
AUGUSTA, January 14.-The police force
at The State-llousc was strengthened this
morning by the addition OF fifty men.
Many rumors are ahoat as to the inten-
tons OF the FuSionists and the action Of
General Chamberlain in the case OF Mr..
Smith, elected TO-DAY as Governor.
The Elections Committee appointed by
the Fusion House this morning has Just
decided by vote OF to 2 to unseat Mr..
Hale.
1t is reported that there is rupture be.
tween Scion Chase and Eben +. PilIsbury.
Mr.. Chase opposes the use OF any force, and
will abide the decision Of the Supreme
Court. He says he will withdraw unless
the Democrats agree to this policy.
QUESTIONS FOR THE SUPREME COURT.
BOsTON, January 14.-The following are
the questions submitted to the Supreme
Court o. Maine by the Republican Legisla-
ture. They are preceded by 4 long pream-
BILE recting the facts, which have already
been given to The public:
1st. Have the Governor and Council a
right under the Constitution to summon a
person to attend and take a seat in the Sem
ate or House OF Representatives who by
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 exceeding the
powers Of the Governor and Council under
the Constitution?
%. Has the holder OF any such summons
a right TO take part in tie organization or
subsequent proceedings OF either house to
the exclusion OF members rightfuly 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?
Sd. II summons were issued under the
facts recltcd in the statement herewith SUBJ
mtted to Lewis Voter, Of Pennington
district, and ten other persons who are
named. would such summons give either OF
the ab0ye-named persons a right to take
part in the organization or subsequent pro-
ceedings OF the House, or would such right
rest in Cyrus II. Thomas, OF the Pennington
district land nine others mentioned in the
query?
4th. This question is similar to Question
3, except that the names Of summoned and
nOn-summOned senators are used instead OF
the names Of representatives.
9Th. Does the same rule apply when
member summoned appears to be elected
only because OF some error in the name or
initials OF the candidate not summoned, or
because OF the rejection OF returns from one
town on account Of their being unsigned by
the town clerk?
9Th. II persons holding the summons de-
Scribed in Question 1 participate in the or
ganzation of tue Senate or House, and il
without their participation the Senate or
House has no quorum OF voting members.
have such bodies any legal organization or
officers?
7h. Without such legal organization, and
without quorum OF l6 in the Senate and
rs IN the House, can any valid law be ell
acted, any legal officers be chosen, or any
business be legally done, except to adj
iourn! II any business. what business!
Stb. Without legal organization or legal
officers chosen by quorum, can either
House compel the attendance OF absent
members
oh. To make up a legal quorum or any
vote in either house, can the vote OF per-
son be counted who, though summoned,
does not appear TO be elected by the official
returns, under the Constitution and decl-
sion Of the courts!
10th. Can the Governor and Council
legally administer the oath to membcrs.elect
Of the House when, As shown by the re-
cord, only seventy-three voted on motion
TO require the attendance OF the Governor
and Council for that purpose?
18th. Can valid organization OF the
House be made under the Revised Statutes
when, under circumstances stated in Cues
ton 10, protest was entered at the time that
no quorum was manifest, and when the
clerk refused to put the motion, and the
Governor offered and administered the oath?
18th. Can the Governor and Council le-
galy administer oaths to senators-elect
when only twenty members-both sides in
cluded-vote on the motion TO require their
presence for that purpose, and wDen twen-
weight OF those summoned did not appear
to be elected by the official returnsy
18th. When did the terms Of Office Of the
Governor, Executive Council, Secretary OF
State. Treasurer, Attorney and
Adjutant-Gene expire?
14th. When the terms OF office OF the Gov
ernor and Council have expired and their
offices are vacant, can the members-elect OF
the House be legally qualified before ma
gistrate appointed and commissioned by the
Governor under dedimuS pOteStdtem, by
virtue OF the Revised Statutes or any other
provision Of law.
18th. when one Governor term OF Office
has expired and no successor has been
chosen, can the President OF the Senate be-
come acting Governor, il at his election
only twenty votes are cast. and these twenty
are made up as stated in Question II?
10th. Can Il legally.chosen President Of
tho Senate become acting Governor unless
be has been legally qualified as such, in adj
diiion 20 bis qualification as President OF
the Senate!
18th. Can such qualifying oath be legally
administered by the President pro tempore
OF the Senate in joint convention OF the
Senate and House when less than seventy
six members Of the House vote on the mo-
ton to proceed to joint convention:
18Th. This question is in substance whe-
ther the twelve representatives from five
d>franchised cities had the right TO partici-
pate in the organization and proceedings OF
the House without summons when no other
persons held summons for the same seats.
18th. Can the House legally organize un-
der a certified roll containing 139 names
only without admitting the twelve members
from the five cities?
10Th. This question Is in substance whe-
ther the representatives apparently elected
from Skowhegan and Pennington had
right to participate in the organization OF
the House without summons when the per-
sons summoned declined 10 serve on the
ground that they were not elected.
21st. Can eleven members duly elected
and summoned and seven other members not
summoned but appearing 10 be elected by
plurality OF all the votes returned under
the requirement Of the Constitution and de-
cison OF the courts constitute and organize
legal Senate, provided said eighteen men,
hers each have receiyed n DluraIity OF all the