Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-01-18
THE COURTS DICTUM.

REPUBLICAN QUERIES ANSWERED AFFIRMATIvELY
BANGOR, Jan. 16.-The following document
will be forwarded by the supreme judicial
court tomorrow morning, addressed to Hon.
Jos. A. Locke, president of the Senate, and
| Hon. Geo. L. Weeks speaker of the House OF
Representatives,:
BANGOR Me-, Jan. l6, 1SS0.-The under
signed justices of the supreme court have the
honor to submit the following answers to the
heterogeneous proposed and based upon the
accompanying statement of facts.
Question Answer: An election has been
hau by the electors of this State. The rights
of tie several persons voted for depends on the
| votes cast in accordance with the constitution
and laws of the State. 1t was the duty of
the Governor and council thus to de-
clare it. Any other declaration is
unauthorized and void. The Governor and
| council examined the returns and undertook to
declare the result appeared by the returns.
| Various questions involving this construction
of the constitution and statutes relating there
| to arose, and the Governor by virtue of his
constitutional prerogative, called upon this
| court for its opinion upon questions propound-
| ed by the prov isious of the constitution. The
court was required To expound and
construe the provisions of the constitution and
statutes involved. 1t gave full answers TO those
| questions. The opinion of the court was thus
| obtained in one of the modes provided in the
| constitution for an authoritative determination
| Of important questions of law. The law thus
determined is conclusive guide for the Gov
| ernur and council in the performance Of their
ministerial duties. Any action on their part in
| determining the vote as 1t appears by the re-
| turns in violation of the provisions of the con-
| Il n rad a
| of authority, and must be held void.
! Il only remains to apply these principles to
| the subject embraced in the questions pro-
| pounded. The government and council had
| no right TO summon person To attend and
| take his seat in the Senate or House of Repre-
sentatives who by the returns before
them was not voted for, or being
voted for was defeated, to summon one for
whom no votes had been cast, would be de-
| liberate violation of official duty. 70 summon
! those who the returns show were not elected,
would be equally such violation. Either
will intrude without right into the Legislative
body. The summonses thus given would be
void as in excess of any powers conferred by
the constitution. Grant the power and the
right of the people to elect their officers is at
al end.
The second, third and fourth questions may
be answered together. The answer to the first
question covers much of the ground embraced
| by THESE questions. Inc DOlueTS Oh
| which are void for the reason that the governor
and council failed to correctly perform the con-
stitutional obligation resting upon them have
no righ to take part in the organization or IN
any subsequent proceedings of the House to
which they wrongfully certihcated. They
are not IN fact members, but the
members rightfully elected, shown by the
official returns and the opinion of the court
upon the propositions heretofore by the COVER
nor presented to the court, are entitled to ap-
pear and act In the organization of the Houses,
To which they belong, unless the House and
Senate, In judging of election and qualification
of members shall determine to the contrary.
member without q summons, who
appears to claim his seat is prim0 fdcie en-
titled to consideration with member who has
4 summons. He is not to be deprived OF the
position belonging to him on account of the
dereliction of those whose duty ii was to have
given him the usual summons. The absence
of that evidence may be supplied by other evil
Gence of membership. The House and Senate
have the same right to consider and determine
whether In the first Instance
such persons appear to have
been elected and finally whether they
elected, as they have of any and all persons
who appeor for the purpose of composing their
respective bodies. Under these facts recited
in the statement submitted to we are OF
opinion that Lewis Voter and associates, first
HdLIces III lLS tttSSLiOu htAS W dCb
and that Cyrus A. Thomas and associates lastly
named in the question, were en-
titled to act IN the House
as members, and that Daniel W. Trae, and
those first named II he question were not ell
ttlei to act, and that Andrew Howes, and
others with hIri named, were entitled to act
members of the Senate. In neither case did
the Senate or House itself act upon the ques-
| ton of their membership. Both the Senate
and House, meaning the bodies assembled 10
be organized as such, were debarred from any
action thereon by the conduct of presidas-
ing secretary and clerk. The as
sumption of such officers that no
question should be entertained relative to the
rights Of persons whose names are not upon
the rolls furnished by the secretary of state,
but who were claimants of seats. WAS unwar-'
rantahle The statute of 1869 embodied in the
revised statutes, chapter 2, section 25, cannot
preclude either the Senate or House from
amending and completing the rolls of member
ship according to the facts. Each house has
the constitutional right to organize itself. The
form provided for aid and convenience in eff
fec ing orgauiZ alton. does not confer upon
temporarily presiding officer such conclusive
power.
We have not failed to carefully consider the
act, of 1869. chapter 3d. Incorporated into re-
vised statues, vol. ., CHI. 25, and so far as it de-
clares that no person shall be allowed TO vote
or take part in the organization of either
branch of the legislature as member unless
his appears upon the certified roll
of that branch of the legislature in which be
claims to act think it clearly
| repugnant to the constitution, which
declares that each body shall be
the iudge nf the election and qualification of
its own members. 1t aims to control the
action OF each within its constitutional powers
till after q full organization. With the aority
determined and fixed by the governor and
| council By their action in granting certificates
to men not appearing to be elected, or refes-
ing 20 grant certificates to men
clearly elected, they may constitute
each House with majority to suit their own
purposes. thus strangling and overthrowing
| the popular will as honestly expressed by rhe
ballot. The doctrine of that act gives to the
executive department the power to rob the peo-
| pie of a legislature they have chosen and
poses. 1t poisons the very fountains
| OF legislation and tends to corrupt
| the legislative department of the government.
1t strikes death blow ct the heart of popular
| government and renders its foundation and
great buewark, the will of the people as ex-
pressed by the ballot, farce. Each House
has the same power and is charged with the
same duty to declare the election of its own
members and organize in any legitimate way,
as before the passage of that act.
Question 5-Answer-In the answer of jan
uary 3, 1880, this court held that in cases like
those stated in this question it is the duty of