Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1880-02-04
Matters in Maine.
THE SUPREME COURT AGAIN DECIDES
IN FAVOR OF THE REPUBLICANs-
THE DUAL GOVERNMENT PROBABLY
AT AN END.


the full text Of the unanimous decision
of the Supreme Judicial Court, com.
pleted this evening. declining to recog-
Dize the FusioniSt bodies AT Augusta
and explicitly declaring the House and
Senate now holding sessions in the
! State House the legal Legislature OF
Maine:
In response to the foregoing commu.
nication the undersigned Justices Of the
! Supreme Judicial Court have the honor
to say that, while we cannot admit,
even by implication, that the state
ment and questions now before us are
presented by any legally organized leg
/ islatiye body 50 a. TO require any Opln-
| ion from US under constitutional pro-
! vision. we feel that we should be omit
/ ting an important service which people
of this beloved State and the gentle
men who have presented these ques-
tions, presumably for an honest desire
to know their duty as citizens in the
premises, might fairly expect of US
were we to ignore them, but we are
bound to declare that these questions
are not presented by legally consti-
tuted legislative body for the following
reasons, briefly stated:
When different bodies of men, each
claiming to be and to exercise the
functions Of the Legislative Depart
ment Of the State, appear, each asser-
ting their title to be regarded as law
giyers for the people, it is the obvious
duty of the Judicial Department, which
must inevitably at no distant day be
called to pass upon the validity of laws
that may be enacted by the respective
claimants to legislative authority, TO
inquire and ascertain for themselves,
with or without questions presented
by claimants. which Of those bodies
lawfully represents the people from
whom they derive their power. There
can be but one lawful Legislature. The
Court must know for itself whose en-.
actments it will recognize as laws Of
binding force, whose levies Of taxes it
will enforce when brought judicially
before it, and whose choice OF prosecu-
ting officers before the Court IL will res
pect. In thousand ways it becomes
essential that the Court should forth
with ascertain and take judicial cogni-
zance Of the question, which is the
true Legislature.
The existance Of certain facts raising
questions as to the powers and duties
of the Governor and Council in can
vaesing the votes for members Of the
Senate and House Of Representatives,
was necessarily implied in the questions
propounded by Coy Garcelon and ans
wcred by this Court under date Of Jan.
J. TO put questions in the absence Of
facts requiring their solution would be
an abuse Of power Of the Executive to
call for an opinion Of the Court upon
questions Of law on solemn occasions.
These questions were fully answered,
and by the answers it appeared that
the acts and doings Of the Governor
and Council in issuing certificates of
election to certain men a. Senators and
members Of the House Of Representa-
tives who did not appear to be elected,
and declining to issue certificates and
summonses 10 certain men who did ap-
pear to be elected, were in violation Of
thoir legal and constitutional obliga-
tions and duties. We are bound TO
take judicial notice Of the doings Of the
Executive and Legislative Depart
ments of the Government, and when
calIen upon by proper authority TO pass
upon their validity. We are bound to
take judicial notice, Of historical facts,
matters Of public notoriety and inter
est transpiring in our midst We can
not accept statement which asserts
as facts matters that are in conflict
with the record and historical facts
that we are not at liberty TO disregard.
We cannot shut our eyes TO the fact
that the Governor and Council then in
Office disregarded the opinion OF the
Court given In anzwer 70 the Cover
nor's questions, omitted to revoke sum
monses illegally issued to men who did
not appear to be elected or to issue
summonses to men who did appear TO
be elected We know that officers who
presided in the Conventions Of MEM
bers-elect Of the Senate and House on
the first Wednesday in January recog-
nizcd as members Of both these bodies
men who were unlawfully introduced
into them by the unconstitutional and
illegal methods pursued by the Cover
nor and Council, and refused to recog
nize men who appeared to be legally
elected, and refused TO permit any ap-
peal from illegal decisions to the bodies
over which they were temporarily pre-
siding.
The report Of the Committee Of
Council and the action Of the Cover
nor and Council thereon, Of which we
must take judicial notice, show that
men were thus admitted and excluded
upon grounds which this Court de
clared. in their answer to Gov. Garce-
Ions questions, TO be untenable and IL
legal II cannot be successfully claimed
that there was even a quorum in the
House of Representatives which un-
dcrtook to organize on the first We'd
nesday Of January without counting
men who could only appear 10 be
elected. because the late Governor and
Council pursued modes which this
Court declared in their answer 10 his
questions TO he unconstitutional, illegal
and void. These men were not in fact
elected. They did not appear TO be
elected by the returns canvassed in the
manner in which the Constitution and
laws, rightly interpreted, required the
Governor and Concil 10 canvass them.
We cannot recognize House Of Rep
rescntatives 10 make a quorum IN
which the presence OF these men was
necessary as lawfully constituted
body, or capable Of performing any
| functions Of the House Of Representa-
tives, when due protest was made in
behalf Of those who were in fact elected
by the people. In like manner tho