The Portland daily press., 1880-01-21
THE FUSION CAUCUS.
A Lot of Silly and Wild
Harangues
WITH AN OCCASIONAL SENSI-
BILE REMARK.
Some Questions to be Submitted
to the Court.

Fusonsts met in Union Hall. The records
were read and approved.
Mr.. Dickey moved that a committee be APP
pointed to report on the proceedings of yester-
day. He had received letters from Washing
ton counselling them to stand firm.
Mr. Bradbury of Norway thought they
should proceed to business at once.
Mr. Swan of Minot believed that the SUI
preme Court should be informed that it had no
jurisdiction over the matter, and that we would
appeal to Congress for relief Our State is in
the hands of rebels. Let us stand erect and
firm, and victory will crown our efforts.
Mr.. Dickey of Fort Kent introduced an
order to make up the pay rolls and mileage of
members and officers of the House. He said
that if the treasurer will net pay some one else
will.
Mr.. Plaisted of Lincoln was afraid that much
Impotence prevailed in their ranks but if we
wish to hold out against the enemy, we must
stand as like rock. We are i'll the bands Of
men who will get us out of this dilemma.
Mr.. Staples of Parsonsfeld was glad to as
sociate himself with men of high morals and
intelligence. The gates of hell cannot prevail
against our position.
The House then took recess until 4 O clock.
The Senate met and Mr.. Patten said we are
waiting the decision of the judges whether
they will entertain questions from this body.
Mr.. Hobson presented bill on highways
The resolution relating to restricting the ap-
pointing power was taken up and Mr.. HobSon
made speech in support.
Mr. Patten believed that intimidation was
rampant in the country.
Mr.. Barker said attempts were made to
bride him.
Mr.. Thompson of Knox believed that frauds
were practiced Justice required that some
thing should be done.
Mr.. Thompson of Franklin was sure that
bribery had been practiced in his county, and
was in favor of investigation
The resolution was tabled and the question
of the legality of the Fusion Legislature taken
up.
Mr.. Ellis said that he wished an opinion of
the court He thought the Fusion House was
not legal, but that the Senate was legal body;
that no business transacted by the House
would stand legally. Some action must be
taken that will be recognized by the court,
also some action that would affect the Green
back party in the spring elections.
Mr.. Patten had come to Augusta to do the
duty imposed upon him as legislator. He
believed both branches were legal aud that we
should proceed to the transaction OF business.
Senator Barrett said he came here to do his
entire duty. If any person is here not belong
ing he shall not have my vote to retain him.
We should try and get ourselves into working
order.
abandon our own Legislature and go into an
illegal one. The House was legally organized.
The judges acknowledge that this organza-
ton is legal one and the rallying point to
which the Republicans must come.
Mr.. Patten said the Republicans, he be-
lieved, are mob, not legal organization.
Our only mistake is that we did not go to
work and investigate the legal qualifications
of members. We know there was quorum
instead of u members as the court was in
formed by the Republicans. My view is that
the House and Senate are the judges of cleo
tions. There was no Senate of House till we
were organized. We were nothing but
a convention holding certificates till the
organization was effected. ! am willing to
meet them full half way to obtain settle
ment.
Mr.. Ellis said that ae organization can be eff
fected only through us. The Supreme Court
has decided certain facts against US. Dontt
lose sight that any appeal can be made. We
should stultify ourselves by applying to Con-
gress. believe in state rights. Let us not
yield. We have got to fight out this matter in
our own state. We have got to make the best
of our situation. 1 don't believe we have any
right to go home and leave the affairs of the
state in the hands of the Republican legisla-
ture. 1t is matter of small importance who
controls that body. Let us act like responsible
men and not go home or make fools OF our
selves by applying to Congress. believe an
amicable settlement may be made by meeting
the Republicans III a fair way.
Mr.. Barker said he had no doubts in his mind
regarding ihis duty as to admitting members
not eertificated.-How could we decide to adj
NIT men claiming seats until an organic alton
was effected and committee appointed to con-
slider the matter. He believed the House le-
gal. He read letter asking why Gov. Smith
did not appeal to headquarters at Washington.
There is some method to obtain settlement,
and we must stay here until settlement is
made.
Mr.. Ellis said the opinions of the lawyers
have led us into vast amount of mischief
Had it not been for them we should long ago
have had matters settled By listening TO them
we have been brought into the present condi-
ton of affairs. Those who have some respon-
sibility in this matter should be needed.
Mr.. Strickland said they had got to do one
of two things, either go to the State House and
has the court recognized that branch of the
government as a legal Legislature? Then they
recognize its acts as legal. He was not desir-
GUS of remaining here and doing nothing. II
my constituents desire, | will go home. If
there is any way by which we can recognize
the other House, should be happy to do it.
Should rather go home than submit myself to
a subordinate position by recognizing that
House.
Mr. Patten said we have met and caucused
and left things night after night the same as
they were. The only proper way for us to
move is to submit, either from the Governor
or the President of the Senate, decisive ques-
tions to the court. The reading of the tele-
grams was an injudicious act. He believed
the opinions rendered are partisan, and if
questions are put in q proper manner they
will decide that body meeting in the State
House for the last two weeks was convention
of the legal Legislature.
Mr.Barker said that this body had better de-
eide to send questions to the court, as the 9TH
er branch is too divided There is no better
70 1ani6o fba ma than thncn p:,a=+iopc
The entire aspect of things is in favor of sub
hitting questions. We will abide by them.
Mr.. Strickland said that the court by recog-
nizing the former questions coming from the
Republicans, recognized their Legislature and
was under no obligationsto examine ours.
Mr.. Ellis said if the statement of facts sent
by President Lamson YVES in the hands of the
court at the time they gave their opinion, to
again appeal to them would be folly. They
are evidently unwilling to recognize us as le-
gal body. | see no other alternative than to
accept the decision, though against us.
The Senate adjourned at p. M
In the afternoon session of the fusion House
the committee on the constitutional organiza-
ton of that branch reported through ingalls,,
who said that the committee had considered
prepared to report only in part. They had de-
cided to recommend to the House the submit
ting of certain questions to the Judges of the
Supreme Court in case the House so desired
Lie knew JlaC CQlS would SUrlke some OF UHOSe
present as unwelcome news, but we stand here
face to face with an opinion of the Judges
which shows us that no acts we may
pass will be considered valid by these
gentlemen when the questi3i is pre-
sented before them Judges.
He said they rested their case upon the act of
1869 which has been Incorporated in chap.i2 Of
the Revised Statutes. That act specifically
stated that the clerk and assistant clerk of the
preceding House was authorized to preside in
the House until the speakers election, and the
clerk was to be furnished with certified
roll of members from the Secretary of State
who received the report from the Governor
and Council. The members had proceeded on
the first Wednesday of January in strict ac-
cordance with law. If they went on, APP
pointed committees and proceeded to pass acts
and entered upon the general business of
legislation they knew beforehand that no
single act theysmight pass would be recognized
by the judiciary of the State. The committee
felt that the case had not yet been fully pre-
sented, and that there were very important
questions to be submitted. The committee
mad not fully prepared the questions as they
desired delay, expecting eminent counsel to-
night who would be present AMI advise them.
Mr. ingalls, submitted an order to instruct
the committee to submit questions. He further
said he was willing to abide by the decision of
the Judges, and if it was adverse to them the
only redress they had was at the polls next
September.