Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1880-01-29


with him named were entitled to act as
members OF the Senate. In neither csse
did the Senate or House itself act upon the
question OF their membership. Both the
Senate aud House. "meaning the bodies
assembled to be organized as such. were
debarred from any action thereon by the
conduct OF the presiding secretary aud
clerk The assumption Of such officers
that no questions 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 uuwarrantAble.
The statute Of 1863. embodied In the Re
vised Statutes, ch. 2, sec. %, cannot pre-
clude either the Senate or House from
amending and completing the roll Of men,
bership according to the facts. Each House
has the constitutional right TO organize It..
self. The form received for aid and con.
vcnience 10 efYecting the organisation does
not confer upon temporarily presiding
officer such conclusive power. We have
not failed to carefully consider the act OF
ls69-c. incorporated Into X. s., ch. 2.
sec, -, and so far As IL declares that mo
person shall be allowed TO vote or take part
In the organization OF either branch OF the
Legislature as a member unless his name
appears upon the certified roll Of tha,br
OF the Legislature In which he claims to
act, we think IL clearly repu2nAnt to the
constitution, which declares that each
House shall be the judge Vf the election and
qualification Of its own members. II aims
TO control the action OF each within its
constitutional powers until after fuller
orgAnization-with q majority determined
and fixed by the Governor aud Council.
By their action In granting certificates to
men not appearing TO be elected. or re-
fusiny to grant certificates to men clearly
elected, they may constitute each House
with a mxjority TO suit their own purposes,
thus strangling aud Svsrthrowing the pop
ular will as honestly expressed by the bal
lot. The doctrine Of that act gives to the
executive department the power to rob
the people Of the Legislature they have
chosen and force upon them one to serve
It's own purposes. Ii poisons the yery
fountain OF legislation aud tends TO corrupt
the legislative department Of the state. IL
strikes . death blow at the heart OF pop
ular government and renders its fountain
and great bulwark-tne will OF the people
ss expressed by the bAllot-a farce. Each
House has the same power and Is charged
with the same duty TO declare the election
OF It's own members and organize In any
legitimate way as befoe the passage OF
that act.
5. Does the same rule apply when the
member summoned appears by the returns
10 he elected only because OF some error
in the name or initials Of the candidate not
summoned. when such error Is correciAblc
by law under the decision OF the court,
and the official records state the maine and
Initials correctly. under the facts of the
Lincoln Senatorial district and the Repre-
sentative districts OF Exeter, Newcastle.
Gouldsboro. Weston and Robbnston. as
reciied In the statement herewith submit,
ted 3; or when the member summoned ap-
pears by the returns 10 be elected only by
rejecting the returns Of one town because
unsigned by the town clerk, though duly
attested copy OF the record OF said town is
sessonably offered as a substitute and re-
jected. uuder the facts as recited in the
statement OF the Lebanon districtf
Answer-In the answers OF January ),
lss0. this court held that In cases Ike
those stated ll this question Ii Is the duty
OF the Governor and Council TO hear evil
dence and determine whether the record
or return Is correct, aud II they determine
the record 10 be correct, TO receive IL or
duly certified copy OF it. 10 correct the re.
turn SIS is provided in chapter 2l2 Of the
acts of 1877. But In such = case they are
required 10 determine an issue OF fact
whether the record or return Is correct.
And, so far As their action Is concerned. 10
determining that fact. We think their de-
termination IL conclusive. subject, OF
course. To be reversed by the House. II.
however. thew should refuse TO hear evil
dence and determine the question. and
should. by reason OF such refusal, issue
the summons TO the candidate not elected.
that would fall under the rule above
stated.
6. If the summous described In question
l 10 void, and persons holding such SUN
mons take part In the organization OF
either Senate or House OF Representatives,.
and without the votes Of such persons
there are less than sixteen members in the
Senate and less than seventy-six members
in the House voting for and against any of
the officers OF the so-called Senate or
House, have such bodies any legal orgsni-
zation or officeS!
Answer-If objection was made TO the
admissibility OF the Illegally summoned
persons as set forth ic the statement pre-
sented TO Us, aud the Houses took DO action
thereon, then IN organization Of the House
or Senate In the manner described 10 this
question would be Illegal and void. The
court expressed the opinion on former
occasion that the Senate could organize
Me. 5sS) where less than . quorum we're
elected-a condition Of things ths, might
happen when IL required . majority Of
votes to elect Senators. That decision met
the necessities Of that occasion. But the
doc:ri Of that case cannot apply when .
quorum is in fact elected.
Z. Without such legal organizations in
either House or Senate. or without sixteen
members 10 the Senate and seventy-six
members in the House, present and voting
on the given measure, cen any valid law
be enacted. any legal officer be chosen, or
any business whatever be legally done. ex.
cept to adjourn; and If any business, what
business!
8. Without a legal organization formed
and legal officers chosen by seventy-six
members present and voting In the House
OF Representatives and sixteen members
preseut aud voting 10 the Senate, can
either house compel the attendance Of
absent members?
Answ.r-Without . legal organization
formed and legal Officers chosen by sew
enty-six members present and voting in
the House Of Representatives, by l6 mem
bers present and voting in the Senate upon
the given measure, no 0mcers can be
chosen, nor law passed, nor business done
except to adjourn. No less than seventy
six can constitute quorum Of the House
of Representatives, nor can less than sixteen
meDbers-now that . plurality elects-
constitute q quorum Of the Senate, nor can
either House without legal organization
formed and without legal officers chosen
compel the attendance OF absent members.
It is the House or Senate when formed
and organized that has the power TO cOm-
pei such attendance, and 1t Is not within
the power Of persons who are merely MEM
be5s elect to do so. The attendance may
under our constitution be compelled by
such penalties as each house may provide.
Until legal organization has been effected
there 10 no house to provide penalties for
such purpose. Until legal organization
10 completed there 10 no ofacer In either
house to issue . warrant against the ab-
sent members. No such power was COM
mitted or intended to be committsd into
the hands Of persons not comprising and
acting ss an organized and completed
house. 1t has frequently happened In our
history that legislative bodies have been
| DELAYED days and sometimes weeks with
out being able to complete an organize
tion for the want OF quorum.
.. To make up the legal quorum re-
ouired on any vote in either House, can