, 1880-01-28

tion by tho Temporary presiding nt9lcrr, WHO,
thuuRll n prutest, uE,tinat his Illegal HGt!on
WIS ,ln!le On tho spot, refused 10 nernlt NJ
nplcal from lla decision tO The Convention
bf SGnAtDrs~clect, :,
vlrLATED THE ORGANIZATION or THAT
lUly.
We llaye only to rcal}rul tho principles We
inserted III nlr answers OF Jnii. ~. iHu, NJ
thess siec.s IL f9,'hnF to tS H. rfs'it fa t,M
questions nre not lrta!ly. ORGANIZED llonso
ii Representatives nnll Senato nntler thu
Constitution Of tho Htntc. ,
IL i legally oru,nIzcd lrpislnlnre III ex.
IHtcnce entitled to et,act !aws that must be
binding Mlpn the penple mud rnurta Of tie
Slate. lhp actloM Of tlinSe controlling tie
stary l,an iot leel acauleseetl III by at!ornn,
Of tl,osA appearing to ltnye been elected 70
either House. It IS q Matter Of l'lstnry TINT
nfter NJ unsuccessful resistance to tho ille.
! icgisiatiyu organization on tint day, 2 mn.
jnrity uf tho peis1lis wilt. appeared "a ~
elected IN tho two Houses formed nn nrganl-
zatinn Of themselves, They refralneu tro'n
.Jar'. @ II, hopfng 'ntii then, 10 ollain tlle!r
rights. They were f0rcetl lltu Rlci y posi-.
tlual by tho lllcgat action ct the minority Of
tho members, whbsc action they were not
othsr reasol,ablo manner resist. Tho organ.
| lnniority IT tho mclat,urs appearing to le
elected. aid having prima tnch rights t.,
ni,tE questions submitted tint IN egni nrRau-
| izatlon could By formed on Jnn. - because
no notice Of intended actton wa? given to tl,e
| minority or tlO1-lttcndtnE members so As 10
Hiafi S,inoIity were rot excluded, Ths organiza-
tion was
MADE IN A pun11o MANNER;
tie minority wereI nt tile time claiming to
be and arc still claiming to he t'ie lHWf0l
LEGISLATURE It ls not presumed IL TINT n they W
TINT time Ind notices hccn given. w d6nt
organization Of .Iatl. r., There may be irreg'
t1nrttEes It'll tho 1nnnner IN WHICH such orgnn-
people Is not on Tint tnscn,ll,t t.! he sttled nor
tic trlto Government to fail to bo maintained.
No essential .doiccts anywhere exist,
only such epfT1t,rcs f1s cfanstace fso 0r.s
ta1 etaa'n1pellcti. iitstory can never fnil 70 !lis:
Jim. ii were formed by full quor,ln!s Of
persons appearng by the recors . nlld returns
1t cnnnot be that s,tch = construction must n I
10 Hlven to tho Constitution of the State TINT
subvert tho plain mud obvious intention OF IT'S
fners or place i u the pnwcr n o. d1eSs fow
III the glft Of tile peopa II dGilane9 Of th9
will Of tile voters c0llstitutiDnnlly expressed
arid aseertafned, because thclr own neglect
OF duty Inns made s6no departure frtiln "
rectory provision, and ordinary forms inevi-
/, table.
A LEGALLY ORGANIZED I.EG1srATURE
being nnw TT existence md exercising its
constitutional functions, 1t .follows TINT no
) convention Of neInberselect OF either lieltse
can exist which cnn hD treatcd rs nucleus
for another organization. Two Ggyer1llnonts
cln!m,ing to be In existence. ns valid md CT
titlci is the obedience Of tho people, both
cuiinot rightfully exist Mt the saMo time
Hut one Government chll he recognized and
obeyed. The responsibilities n1a solemn
duty nre Imposed upon TIL TO detef
, ,njna which IN entitled to tnslic!n
, recognition. We therefore, after duo de(ib
nratton md consideration OF all the nlatters
involved, nttlrm and tlecfnrc our Judgment t
: be- that tile Senate wense prtstttinE nillcer Il
7 the lion. Joseph 4. Locke, and tho House 2
Representatives. whose presiding officer l
George E. Weeks, constitute tho legal mt
constitutions. Legislature Of the State.
t 1OHS APPLETON,
CHARLES W. WALTON,
/ WILLIAM q. BANlsDwS,
. CHARLES DASFoltTII,
1oltN A. PETERS,
AlsrEAiUa I4I1n;Y,
0 JOaErI1 W. SyMnNDs.
il To Albert G. Andrews aud II. II. Clleoycl
a Esus,, Augusta, Nc.