Daily Kennebec journal., 1880-01-13
The Anarchy which the Fusion
Leaders have Brought upon the
state.


Leaders have Brought upon the
state.
To the Repnbiicaa Adrisory COMMITTEE:
A. cousel 10 the committee it is nv duty
TO call your attention and that Of the pub
lie 10 the anarchy to which the Fusion
leaders have brought the state in four days
OF Legislativ. rule by dcfying the Consttu-
ton. parliamentary law. and the unani-
nous decision of the Supreme Court
The state ha. no Governor
No successor to Gov. Garcelon has been
or can be legally chosen by the Legislature
ns at present organized and fraudulently
made up Mr. Lamson. the acting Presi-
dent Of the alleged Senate has once pub
licly discaimed all authority or power iin-
der the Constitution Ia perform any of the
duties Of Governor. He has acquired no
new authority, since his public disclaim-
or.
The obstacles to his right are
lst. The office of Governor has not this
year "bccome vacant in the language of
the Constitution. because il has not been
filled. The President of the senate is not
empowered to act whenever the office of
Governor shall BE- vacant" but when it
shall become vacant
The opinion in the 9Th Maine Rep. 800
was by divided court aud did not raise
tho question in controversy here.
2nd There is no legal body or officer before
whom under the Constitution even n law
fnl President of the senate can be qualified
rs Governor. No Joint Convention can be-
held without quorum of each branch sep
arately rote 10 60 into Joint Convention
IL IL not pretended that this was had Mr..
I.amson'lualiiied before an illegal officer
in an unconstitutional Convention and the
proclamation was made bv a Secretary oi
State whose term of office. as will he seen.
expired on "Wednesday last
3rd Worse than all Mr. Lamson is not
the legal President of constitutional
Senate. because it will he apparent on ex-
animation that
There is no Legal senate.
The body at present acting as u Senate
was not organized by spch members as
the Consultation commands.
II is true that under the Revised Statutes
ch. , sec. 2l-25. no one can take part in
the organization of u legal Senate or
House of Representatives but those ccrtifi-
Gated, but it Is equally true that by the
Constitution which is above all statutes no
one can he ccrtticated hv the Governor
and Council. unless he appears By Ne ,,
fnrnSto b. elected. 1t is the Constitution
that mus, be obeyed and if this or any
other statute permits men to organize a
Senate or House Tho do not appear by
the returns aud records 10 be elected that
statute is unconstitutional and void. and
the Supreme Court. it is submitted could
not regard it n moment.
According to the unanimous decision OF
the Supreme Judiciary Of the State the
Governor and Council issued certificates
to eight men in the Senate and seventeen
in the House. rho did not appear by The
r,twNs 10 b. electcd. The men thus sum-
moned contrary to the Constitution and
the decision Of the Court hy excluding
those entitled under the Constitution and
the decision OF the Court. took part in and
OM tai ff,.s o.. e L..
and thus vitiated all proceedings ab in
Tho.
II would not he contelrie,l for mo-
ment. that men whose names did not ap-
pear at all on the returns and for whom no
votes were cast. could legally organize n
Senate or House. even though they held
certificates. But il the Governor and
Council can Issue no valid certificates TO
men whom the voters have not had before
them rs candidates. how much less to those
whom the voters have passed on and re-
jected' Therefore also
There is no Legal House OF Representa-.
tive~.
This indeed is no, denied by the fusion
lists themselves. No vote recorded or ,,n-
recorded shows the presence Of more than
seventy-four (s4) members two less than
the legal quorum fixed by the Constitution
IS declared by the Court, and vet they As
sumed TO choose all their etiicers and ,isv
after day enact the farce of legislation
without that nuor1,,, which .h., s>>,.:
tuition makes Indispensable to the smalles,
Legislative act.
Now. however. they do nothing bu,
meet and adjourn and thus acknowledge
their own illegality and impotence. The
STATE has
Ne Coaacil, Secretary Of state or Treas.
urer.
These officers by the Constitution are