The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-01-05
PUBLIC OPINION.
HOW THE OPINION OF THE
COURT IS RECEIVED.
Republicans Jubi|ant and the
FuSiOniSts DiSnayGd.
EXCITED FUSIONISTS DE.
NOUNCING THE GOV.
ERNOR.
Probable Collapse of the Con-
spiracy.
The Effect of the Decision on the
Legislative Seats.
The Effect of the Decision on the
Legislative Seats.

AUGUSTA, Dec. 4.-The decision of the SUI
preme Court has been discussed freely by
crowds upon the streets and at hotels and else
where. The Republicans are greatly excited
and jublant, and regard it as a consummate tri-
umph for their cause The opinion is freely
expressed in the best informed circles that the
opposition cannot stand up and defy the court
the interpreters of the law When the de-
cision was put into Gov. Garcelon's hands he
remarked that he was greatly surprised. He is
not at present in the city and his line of action
is not therefore known, but it is the opinion OF
leading Republicans that he can do no less
than cancel the certificates issued to persons
not elected, and will favor the organization of
the members elected according to the decis-
ion of the court. The fusionists have no def
mite plan matured, but it will be difficult to
develope any tonight as not more than twenty
members are present The number present is
about the same as in ordinary years, when
nothing unusual was pending. A few Demo
Gratis denounced Gov. Garcelon in unmeasured
terms. They say he had no business to submit
his work according to the constitution and
laws, and should have rested his case there.
He had shown the white feather.
D. T. Pike a leading Democrat says that
Garcelon belittled himself by taking any no
tice of Morrill's letter. He had completed his
work and that ought to have been the end OF it,
R. W. Black, leading Greenbacker, says the
court went out of its way to answer questions
not put to it. DR.. Croker says the court has
become entirely partisan and has issued reg
ular Republican campaign document.
Col William Dickey, member of the Legis-
lature, says the decision of the court will have
no effect upon the organization of the Legisla-
ture as the certificates have already been is
sued. This is understood to be the position
Mr.. Pillsbury will take in the Standard to-
morrow. The more courageous say the opin-
ion of the court is farce and it will be replied
to word for word Three counted in members
have already declared they will not partici-
pate, and it is thought that the opinion will
have an effect upon other certified members to
the same end as there is not single case OF
the 81 that this decision does not fully cover.
Hon. Jas. r. Talbot of Washington, and
Hon. Isaac I. Hobson of Lincoln, counted in
Senators, have already stated that they would
not accept seats should the decision of the
the court be against them.
Legal men say if the opinion of the court is
disregarded it will be. the first instance of the
kind in the history of Maine. 1t has been as
certained that the Executive department, in
more than fifty cases since Maine was State,
has asked the judgment of the Supreme Judi
cial Court on important questions of law and
never in a single instance has it been disre-
garded.
DR.. Parker, member of the Governors Coun-
Gil, defends his position in this matter and says
he acted conscientiously and honestly. He had
not not read the opinion carefully and could
not give an opinion as to the result. Secretary
of State Cove says he is not sufficiently familiar
with law to say whether the Governor and
Council could review their action.
The Democrats had a caucus last evening
concerning a candidate for Speaker of the
House, but came to no definite decision. 1t is
understood that B. L. Staples, clerk of the
last House, will be absent on Wednesday, he
having been elected Clerk of Courts in ARGOS
took County, and the House will be called to
order by the assistant clerk, W. E. Gibbs.
The result of the decision of the Court is as
follows:
The answer to question one Q) enjoins upon
the House of Representatives the duty of ad-
hitting at once the twelve Republican Repre-
sentatives from the five DISTINGUISHED cities in
case the Governor and Council still refuse to
certificate them, and establishes the validity
of the special election in Portland caused by
the death of Moses M. Butler
The answer to question two affirms in all
points, but one which it does not consider, the
constitutionality of the law of 1877; shows that
the Governor and Council acted illegally in
unseating one Republican Senator in Lincoln
County and at least one in York County; also
Republican Representatives in the seven fol-
lowing districts: Ashland, Newcastle, Exeter,
Gouldsboro, Hodgdon, Danforth and Lebanon.
The answer to question three also establishes
the important point that the presence of at
least rs amembers in the House of Rep
resentativeS-that is majority of the
whole number, ISL, prescribed by the Consti-
tution-s necessary to constitute quorum,
and without that number no business can be
transacted. The answer to question three also
would seat the second Republican Senator in
York County and the seven Republican Rep
resenta.ives from the DISTINGUISHED cities OF
Bath, Saco, Lewiston and Rockland.
The answer to question four would seat the
five Republican Representatives from Port
land, and together with the answer to ques-
ton ten would restore the three Republican
senators from CuInDerIdHu County, VINO were
illegally counted out by the Governor and
Council.
The answer to question five would entitle
Vanceboro, in Washington county, to be
counted, and would seat the Republican Rep
resentatives in that district and the Republic
can Senator wrongfully counted out in Wash
ington county.
The answer to question six would restore
the disfranchised towns of Jay, Webster Lis
bon, Stoneham, Searsport and Pennington
and seat five Republican Representatives
from those districts, and together with the
answer to question. eleven would seat the
Republican Senator from Franklin county
The answers to questions seven and eight
demonstrate the utter illegality of the action
of the Governor and Council in DISTINGUISHING
Cherrytield and Hersey and would seat two
Republican Representatives from those dis
trcts.
The answer to question nine would restore
the Republican Representative from the
Skowhegan district.
The answer to question ten holds that the
senatorial return from Westbrook was illegal
ly rejected and, if needed would affect the
senatorial election in Cumberland county.
The answer to question eleven decides that
the Governor and Council acted illegally in
rejecting the return from New Sharon, Her
Sey, Webster and Lisbon and in acting at all
in those cases without giving the notice and OPP
portunity for hearing which the Republicans
have steadily demanded This answer would
seat two Republican Representatives.
The answer to question twelve would give
the Republican Representative from the
Fairfield district the seat of which the Gov
ernor and Council deprived him.
BANGOR, Jan. 4..The general scope of the
opinion of the Supreme Court became almost
L universally known here to-day, and
~ - obtained printed versions of tho