Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-17
he bodies assembled TO b. organized as such.


, Clerk. The assumption OF such officers ths
; no questions should be entertained relatiy,
l TO the rights Of pers,ns whose names are no
upon the rolls furnished bv the Secretary o
! State. but who were claimants Of seats. wa,
unwarrantable. The statute OF 1863. en-
| bodied in the revised statutes. chap. ., sec
Is. cannot preclude either the Senate o.
| House from amending and completing tn,
! rolls of membership according to the facts.
Each house has the constitutional right Il
organize itself. The form provided for aid
and convenience in eifeciing the organization
does not confer upon temporarily presiding
officer such conclusive power. We have moi
failed to carefully consider the act of 1859,
chap. 81, Incorporated into the revised
statutes, chap. ,. chap. -. and so far il de-
clares that No person shall be allowed 10
vote or take part in the organization of either
branch of the legislature rs member. un-
less his name appears upon the certified roll
Of that branch of the legislature i'll which he
claims 30 act" we think it clearly repug-
nant TO the constitution which declares that
each house shall be the judge of the election
and qualification of its own members. 1t
aims to control the action Of each within its
constitutional powers. till after full organ
ization with majority determined and fixed
by the Governor and Council.
BY their action in granting certificates to
men not appearing 10 be elected, or refusing
10 grant certificates to men clearly elected.
they may constitute each house with major
ity To suit their own purposes, thus strangling
and overthrow ing the popular will, is honest
ly expressed BY the ballot. The doctrine of
that act gives to the executive department the
power 10 rob the people of the legislature
they have chosen and force upon them. une
To serve It's own purpose. Ii poisons the
very fountain of legislation and tends to cor
rupt the legislative department of the govern
mcnt. Ii strikes a death blow at the heart of
popular government. and renders its fuunda-
tion and great bulwark. the will of the peo-
pie, expressed by the ballot. farce.
Each house has the same power, and is
charged with the same duty 70 declare the
election Of lis own members. and organize in
any legitimate way, as before the passage of
that act.
CUES ). Does the same rule apply when the
member summoned appears by the returns to
be elected only because of some error in the
name or initial ofthe candidate not summoned.
when such error is correctable by law under
the decision of the court. and the official
record states the name and initials correctly
un Ter the facts of the Lincoln senatorial dis
-
ter, Newcastle, Goultlsboro. Weston and Rob.
bnston. as recitcd in the statement herewith
submitted. or when the member summoned
appears by the returns to be elected only bv
rejecting the returns of one town because I'M
signed by the town clerk, though Il duly at
tested copy of the record of said town is sea-
>onably offered As a substitute and rcjected
under the facts as recitcd in the statement of
the Lebanon district.
Ans. Ia the answers of January :. 1880.
this court held that in cases like these stated
in this question. it is the duty of the Cover
nor and Council to hear evidence and deter
mine whether the record or return is correct
and if they determine the record to be cor
rect. to receive it. or Il duly certified copy of
it. to correct the return. Is provided in
chap. PIP of the acts of 1877; but in sUch
case they arr required 10 determine an issue
of fact whether the record or return is cor
rect. And so far as their action i concerned
in determining that fact we think their
determination is conclusive. subject. of
course. to be reversed by the House. If. how
ever they should refuse to hear evidence and
determine the question, and should by reason
of such refusal issue the summons to the
candidate not elected the case would fall UNI
der the rnle above stated.
CUES. G.. If the summons described in the
qucs. / is void. and persons holding such sum
monses take part in the organization of either
Senate or House of Representatives, and
without the votes of such person there are
less than sixteen O6) members in the Senate
and less than seventy six go members in
the House. voting for and against and of the
officers of the so-callcd Senate or House,
have such bodies any legal organization or Of
iccrs:
Ans. If objection was made to the admis
sibiitv of the illegally summoned persons as
set forth in the statement presented TO us.
ana the Houses took no action thereon, then
an organization of House or Senate in the
manner described in this question would be
Illegal and void.
Tie court expressed the opinion on for
mer occasi n. that the Senate could organize
with less than a quorum of members (35
Maine. J63) where less than quorum were
elcctcd.-a condition of things that might
happen when it required a majority of votes
to elect senators. That decision met the ne
cesstieS OF that occasion. but the doctrine of
that case cannot apply when quorum is in
fact elected
Qucs7. Without such legal organization in
either House or Senate, or without sixteen
(l6) members in the Senate. and seventy-siX
no members in the House present and vot
ing on the given measure can any valid law
be enacted. anv legal officer chosen. or any
business whatever be legally done except to
adjourn and if any business. what business?
Ans. Without legal organization formed
and legal officers chosen by 16 members pres
ent and voting in the lInusc of Rep
reSentativcs and hv sixteen members present
and voting in the Senate upon the given
measure, officers can be chosen or law
passed. nor business done. except to adjourn
No less than 76 members can constitute a
quorum of the House of Representatives.
nor can less than lG members. now that a
plurality elect. constitute a quorum of the
Senate. Nor can either house. without
a legal organization formed and with
out legal officers chosen, compel
the attendance of absent members. II is the
House or Senate when formed anil organized.
that has the power to compel such attendance.
and it is not within the power of persons who
are merely memhers-elect to do so.
Ones 5. Without legal organization formed
and legal officers chosen, by seventy-siX (16)
members present and voting in the House OF
Representative. and siXtcea (le) members
present and voting in the Senate, can either
House compel the attendance of absent mem
bers:
Ans The attendance NAV under our constitu-