Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-17

| included. vote on the motion 10 request the
! attendance of the Governor and Council fol
! that purpose:
] CUES. IL. Can valid organization of the
House be made under the revised statutes,
chap. = sec. ~ when under the facts as stated
| in question 10 protest was entered at the time
! that no quorum was manifest on the yea and
nay vote, and Notwithstanding that protes,
the Clerk refused to put motion to adjourn
and the Governor appeared and administered
the oath:
CUES. Il. Can the Governor and Council
legally administer the qualifying oath> to the
members-elect of the Senate. when only
twenty coo members, both sides inclusive.
vote on the motion TO request their presence
for that purpose and of that twenty coy.
eight (s) though summoned did not appear
TO be elected by the official returns, under
the constitution and the decision of the Court
and were not in fact elected
Ans. These three questions referring TO
the qualification of members by the admins
tration of the required oath. may be answered
together. BY the constitution. the oath is TO
he taken and subscribed in the presence of
the Governor and Council. BY the statute.
Revised Statutes, chap. ,, section %. the
clerk of the preceding House shall preside
until the representa.ves-elect ''shall be quail
flied and elect speaker. and if no quorum
appear he shall preside and the representa-
tives-eleet present shall adjourn from day to
day until quorum appears and are qualified,
and speaker is elected. Thus il will be
seen that while by the statute the clerk is to
preside until a quorum shall appear and be
qualified. it is not provided. either in the
constitution or the statute, that less num-
Der than quorum shall not be qualified.
nor can the yea and nay vote on the motion 10
request the attendance of the Governor and
Council for the purpose of administering the
oath be deemed of any Importance. If the
Governor and Council had appeared
without a motion or vote, their
authority would have been the same.
We therefore answer that the qualify
ing oaths under the constitution or
statute may he administered to the members
eject of either branch. in any numbers.
though quorum must appear and be quail
fled before proceeding to an election of
Speaker and il the whole number of votes for
Speaker. is less than quorum. and there is
nothing upon the record to show that a quo
rum was present and acting, there would be
no election.
CUES. l3. Atwhat date in the wear eighteen
hundred and eighty, (lss0) do the terms of
office, of the following State officers elected
i'll January. eighteen hundred and seventy.
nine. (lS.9) expire: The Governor. the
Executive Council. the Secretary OF State,
the Treasurer. the Attorney General and the
Adjutant General?
Ans. The Governors term of office and
also that of his Council expired at midnight
the first Wednesday of Jan. 1850.
The term of the other officers mentioned in
the question will expire when the several
H. al.
CUES. II. When the terms of office of the
Gov. and Council have expired. or their Of
fees vacant. and there is neither Governor
nor Council. can the members-clect of the
Senate and llousc of Representatives be le-
gally qualified before a magistrate appointed
and commissioned by the Governor. with adj
vice of the Council. under dedimus po-
testatem by virtue of the Revised Statutes.
chap. = secs. So and Sc, or bv any other
provision of law.
Ques. "a. When the terms of office of the
Gov. and Council have expired. the acting
President of thu Senate has refused to quail
ify the duly summoned members elect and
the acting House of Representatives made
up of siyty-two members legally summoned
and fourteen Others summoned but not in fact
elected and not appearing to be elected by the
official returns under the decision of the
court refuse to admit 10 seats the fourteen
members elect specified in question 10. or
the nine additional members elect specified
in question % or any one of them: Can the
seyenty-six members specified by question 10
or the eghty-five members specified by ques-
ton 20. after being called to order by one of
their members, and roll of the members
elect read as they appear by the official re-
l,aG faIh at.h lodi ms
and thus constitute and organize a legal
House of Representatives:
CUES -. When the terms of Office ofthe
Gov. and Council have expired. and the act
ing Senate made up of twelve (l2) members
legally summoned. and Gig hit (S) others sum-
moned but not in fact elected and not appear
ing to be elected by the official returns
under the decision of the court. re-
fuse to admit to seats the seven members
thus denied seats. acting with eleven MEM
bers elect. duly summoned. after being called
to order by one of their number and roI
of the members elect read as they appear by
the official returns and the decision of the
court be qualified before a dedimus Justice
and thus constitute and organize a legal Sen
ate?
Ans. To the l4th. oath and 18th questions
proposed. we answer as follows: In the gen.
eral provisions of the constitution, art. .,
certain oaths or affirmatons are prescribed
for persons elected, appointed or commits
stoned to the offices therein mentioned 1t
appears that those before whom the prescribed
oaths were to be administered refused to act
and that now there is no existing Governor
and Council before whom they can he admin
is:ered. The oath is prescribed The terms
are the essential. Its binding force de-
ponds upon its terms. not on the magis-