The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-28
The Supreme Court Decides the
Republican Legislature To
30 the Only Legal Ono.
Fusioniats Coming Armed to Augusta
to Protect Their Legislature
The Fight Over the Treas
urerBhip What the Flu
Hionists Propose
To Do.

brook will 10 qualified tomorrow, having fled
his bond and then he will demand OF Trefs-
ursr White tho of1len and keys thereof. Should
tho latter rofuso and mhndamus be served. 1t
will tako until Mny to sottls tho question. unloas
a speoinl aot III passed by tho Legislature. II ia
thought that Whito will not hold out. should
the decision Of the court be against him.
ARRIVAL or THE SUPREME oour In nANGon.
BANGOR. Me- Jan. 27.-The justces Of the Flu
preme Court arrived last night. They will
confer to- day upon tho Fusion question.
THE DECISION or THE aupREME COUNT.
The following 10 tho substance Of tho unanl-
nous decision Of the Hupteme Court dnoining
10 recognize tho Fusion Legislaturo:
Tho court aays It cannot. sven by implication.
admi, that tho statement and questions before It
are presented by any Legally organized body.
so as to require the COURTS oplbiOD iinder arti-
ale o. Roeion a. nf tho constitution. PresuminR.
however thnt tho geat,smen who ask tnn dnea
duty as eitlzsna tho court snys II will Rtvo
some Of tho reasons why It cannot entertain or
answer the questions presented.
Whom two dlrore nj bodies OF men, each claim
ing 10 III this legislature of II state npnenr
and assert theit right TO enact laWs Tor the
people II iR tho Obytoua duty OF tho Judicial
department to inqntre and hseerthin Tor ltRalf.
with or without questions presented by claim-
nnts which of those bodies lawfully teprNsenfs
the people. whose enactments i VIII reoognizs
| rs laws. whose lovies of taxes 1t will enforce.
etc. This court IL bound to lake official notice
| of tho doIngs ri the executive and Legislative
deuarmants Of tho government md. whom
cmlled upon by proper authority. to pass upon
nn, hsr "ag Il hs W. Hr @s and NJ n9 nors Of
public motor lety and interest tranBpiring In our
mdst. We cnnnot hocept tho Ptatemnnt which
nHseTta ~ facts matters TINT Rre In conflict with
tho record and with historical fHcta. VIZ cannot
shut our eyes to the fHct TINT Gov Garcelon and
Council disreRnrloi the opinion Of this court.
given In answer to tho ipvornors questions:
| TINT they omitted 10 revoke the summons Mo-
gnlly isauod 70 mon who did not appoar to DO
nleotod, aud ~ ieauo summons to msn who did
appear to he elected Wo know that tho
of1icors who rrcfided in tho conventions OF
monherB olnctad to the Renn'o and llouso on
tho frat Wednesday IN Jauuhry reeagnized hs
memhors persons who wore unlaWtnlly nitro
ducad bv tho unconstitutional and Illegal moth.
0ds pursued by tho Governor md Council and
refused to recognHe mon who appeared to be
elected, aud refused 10 permit any appeal from
their Illegal decisions 70 tho bodiSe over which
they tempornriy preH,hsd sueh ACTION yifinted ~
the princpleg We asserted In our Hnsw0r Of
January 1G upon those subjects. In coming 10
the conclusion thnt tho bodies prououndlug tp
organized HDnsG If Representatives. ind Senate
undor the constitution ef the State;
II remHine to he considered whether there Is
Il legally organized legIelature 10 extstSneo en-
tited tn enact laws that must m be binding upon
the poople aud courts of this Stat0. Epon this
point the court holds that quorum Of mem
ber4 nppnnrtUg 10 la eleeted in both houses
fHing TO obtain their rights on account of tho
ate Legislative organization on tho nTst
Wednesday, in January. were foread To with
drnW hnd form ~ fndepondant organization:
This nrganizattcn wis made by majority ot
momhers nppenring To ha elected and having
pl.nG faclG right to seats. There may nave
boon itrpEulHri9R In ths mnnn0r In which
such Organization wRs effected. hut tho voice Of
| tho psople Is not on that account to be stttled
nor tho true government fall to be- maintained.
No essential dnfGets anywhere OK lat. md HIS
tory can mover fail to discoae tho vit9l fact thnt
tho organ tHntfon 0f January II WAS mnda by
full uuorums Of tho persons appearing by
the rncorIR and returns TO bo duly elected
members of the two houses.
The opinion concludes na follows: After
duo dafberafton nnd confederation Of MI tho
matters involved wa affirm md declare our
Judgment to be- TINT tho senate. whose prasid-
ing officer . tho Hon. Joseph A: Locke. and the
of1lc6r IA hon Geo u. Weeks. constitute th9
,pEni ana constitutional Legislature OF the
State
GtsIoNIsTs FLoCEISd no Augusta.
BosToN. Jan. 2I.-The He'nids Augusta apo-
cial enys: There hav' boon quito large Arrivals
Of FuElontatB from Lewiston md Auburn, and
the hdjutnnt general has information Tint
CON pnny Of seveuty-nve is expected this after
government will be resisted by force.
The Governor InS been urged to call tho
Portland Blnea and Montgomery Guards this
city. nnd ii hHa baen suggested TO have them
auartsred IN = hill neaf that in which the Fu-
stontsts mnet. Tho Governors proclamation
Il exueeted to follow cl0so upon the decision OF
tho Supreme OouA
WHAT THE FusGoNtsTs WILL DO.
AUGUSTA Jan. 27.-The moro ultra Fusl loniSts
sny that should the nuInf6n of the court be nd
verse to their position th"y will ADJOURN IN
body subject to the call Of Mr. Smith. That Mr.:
SaWye will continue to discharge tho duties OF
hacretary of State, and all returns and other
dopu1nents from Fneton towns will be sent In to
him They say that not more thhn halt u DOZEN
VII tar" seats tn tho Renu2,i a., :, LtGi lature.
! MeanWhile they Will t"elanrtati5@ CahErNse
AUGUSTA jan. 2T.- rha Fusion Legislature