National Republican. (Washington City (D.C.)) 1872-1888, 1880-01-28
rhe Question Settled by the Court.

BANGOR, ME-, Jan. 27.-Tho following Is
the unanimous decision of the Supreme
Judicial court completed this evening, de-
clining 10 recognize the Fusionist bodies at
Augusta, and explicitly declaring the House
and Senate now holding session in the State
House the legal Legislature Of Maine.
THE DECISION.
BANGOR, NE, Jan. 27..-In reply to the
foregoing communication. we the undersigned
judges Of tho Supreme Judicial court, have the
honor to say that, while we cannot admit
even by implication that the statement and
questions now before us are presented by
any legally organized Legislative body SO as 10
require any opinion from us under the Con.
sttutional provision (art. 6, sec. -, we feel
that we should be rendering an important
service which tho people of this beloved
State and the gentlemen who have presented
these questions, presumably from an honest
desire to know their duty as citizens in the
premises, might fairly expect of us, If
we fail to give some Of the reasons which
compel us TO decline to entertain
and respond to tho aforesaid questions based
thereupon. Tho solemn occasion is indeed
here, and tho unparalleled and ominOus events
In our public history which have occurred
within the last few months; but we arc bound
to declare that these questions are not pre-
sented by legally.constitute legislative
body for the following reasons, briefly stated
When different bodies of men, each claiming
to be and to exercise the functions of the leg
islatve department of the State, appear, and
each asserting their title TO be regarded MS tho
law-givers for the people, IL is the obvious
duty of tho judicial department., who must
inevitably at no distant day, be called to
pass upon tho validity of the laws that may
be enacted by the respective claimants to legis-
lative authority, to inquire and ascertain for
themselves, with or without the questions
II. ht,I, ,f
bodies lawfully represent the people from
whom they derive their power. There can be
but one lawful legislature. The court must
know for itself whose enactments 1t will rec
Oguize as laws Of binding force, whose lUvies
OF taxes it will enforce when brought judi.
ciously before 1t; whose choice of prosecut-
ing officer before the courts il will respect. In
q thousand ways IL becomes essential that the
court should ascertain and take judicial cOgni-
zauce of tho question, Which is the true
legislature? TEe existence of certain facts
raising questions rs to powers and duties Of
the Governor and Council In canvassing the
votes for members of the Senate and House of
Representatives was necessarily implied in the
questions propounded by Governor GarcclOn
and the answers by this court under date of
January 3. To put such question in the alb
sence of tho facts requiring their solution
would be an abuse Of the power Of the Execu-
tive TO call fol- an opinion Of the court upon
questions of law on solemn occasions. These
questions were full Y answered, and by tho an
swer it appeared that the acts and doings of
the Governor and Council In issuing certificates
Of election to certain men rs Senators and mem-
bers of the House of Representatives who did
not appear to be elected and decliningtO issue
certificates and summonses to certain men who
appeared to be elected were in violation of
their legal aud constitutional obligations and
duties, We arc bound to take judicial notice
of the doings Of tho executive and legislative
department. of tho Government, and, when
called upon by proper authority, to pass upon
their validity. We are bound to take judicial
notice of historical facts matters of public
notoIiety and interest transpirng in our
midst. We cannot accept statement which
isserts as facts, matters that are in conflict
With the record and historical facts.
That we are not at liberty to disregard, we
mnnot shut our eyes to the fact that the Gov.
,rnor and Council then in Office disregard the
opinion of this court given i'll answer to the
Governors questions. That they omitted to
evoke the summons illegally issued to men
Who did not appear to be elected, or to issue
ummonses to men who did appear TO be
lectcd. We know that the officers who pre-
ided in the convention of the members-elect
# the Senate and House of representatives
IN tho first Wednesday of January rccog-
,izcd as members of both those bodies
ncn who were unlawfully introduced into
hem by the unconstitutional and illegal
method pursued by the Governor and Council
md refused to recognize men who appeared to
DC legally elected, and refused to permit any
ippea from their illegal decisions to the bodies
over which they were temporarily presiding
The report of tho committee of tho Council
aud the action of the Governor and Council
thereon, Ofwhich we must take judicial notice
Ihows that mon were thus admitted and ex'
Iluded upon grounds which this court de-
Shared in their answer to Governor Garcelon's
questions to be untcnable and illogical. 1t
cannot be successfully claimed that thoro wa.
ever II quorum in the House of Represents
lives which undertook TO organize in the first
week of january without counting men who
could only appear to bo elected because the latC
Govenorand Council pursued modes which the
court declared in their answer to his questions
to be unconstitutional illegal and void
These men were not in fact elected
by the returns canvassed in the man
ner I'm which the Constitution and laws
rightly interpreted require the Governor
aud Council to canvass them. Wo cannot
recognize the House of Representatives ia
make quorum In which the presence o
these men was necessary, MS lawfully con
stituted body OF capable of performing any
of the functions of a House of Representative
when due protest was made in behalf OF thos'
who were in fact elected by tho people. II
llhO pl'oShho - WV 't'''N '' ''N'
claiming seats, to the exclusion of those whom
canvass legally conducted would show to HI
elected, and being recognized as members o
the con ventiOn by the temporary presiding olh
Ger, who, though the protest against his illega
action was made Oh tho spot, refused to permi
an appeal from his decision TO the convention
of SenatOrseeCt, vitiated the organiza
ton of that body, we have only to reatliru
the principles wo asserted in our answer o
January 10 upon these subjects in coming Il
the result that the bodies propOundlng TO u
the foregoing questions are not legally organ
lied House OF Representatives and Senate uu
der the constitution of the State. 1t romain
TO be considered whether there is legally ol
VanizGd Legislature In existence entitled /
enact laws that must be binding upon tn
people and the courts Of this State.
The action of those controlling the proceed
ings on the first Wednesday of January, th
sth, has not been HCquiesced in by II quorum
of those appearing to have been elected +
either House. Ii Is a matter Of history that
after nm unsuccessful resistance Of the illega
action of tho officers attempting to create th
legislative organization ON that day, maiorl
Of persons, who Appeared to bo elected TO tn
tive Houses, formed an organization oil then
selves, and they relralncd from forming an II
dependent organization until the l2Gh 0l Jan
uary, hoping until then TO obtain their rlghl
in the same way. They were forced INTO sue
q position by the illegal action u amlhorlI
Of tho mornbors, whose action thoy were nc
obliged to submit 10, aud which they could
no other reasonable mRnucv resist. The Vi