Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-17


| authorized by dedtmus pofesfaseAs 10 a;inin
lister oatiis. In the organization of boil
branches Of the Legislature the names OF al
! the members elect. WHO appear BY the uncor-
rected returns to be elected. were placed upon
roll and were called before proceeding 10
organize the same. as herein last mentioned.
BANGOR, January l6.-The following doc
ument will be forwarded BY special messen-
ger of the Supreme Judicial Court tomorrow
morning. addressed TO Hon. Joseph A. Locke,
President of the Senate and Hon. Geo. T..
Weeks, Speaker of the House of Represen-
tatiye>. Augusta. Maine:
BANGOR, Jan. lG, 1850.
The undersigned Justices of the Supreme
Judicial Court nave the Honor to submit the
following answers 10 the in:trrogato-ies pro-
pounded and based upon the accompany in
statement of facts.
Qucs /. Have the Governor and Council
a right under the constitution. to summon y
person To attend aud take Il sea, in the Senate or
House of Repre- scntatiye,, who by the official
returns. under the decision OF the court. does
not appear to be elected bat defeated OF not
voted for: Or would such summons be mere
~ void a. exceeding the power of the Gov
ernor and Council under the constitution:
Ans. An election has been had by the electors
OF this State. The rights OF the several per-
sons voted for. depend upon the votes cast.
The result should be truly determined in ae
cordtnce with the constitution and laws of
the STATE. 1t was the duty of the Governor
and Council thus to declare it. ANY declaration
of the vote not thus ascertained and declared
is unauthorized and void.
.h..
returns and undertook to declare the result
a appeared by the returns. Various ques-
tions involving the true construction of the
constitution and statutes RELAXING thereto
arose. and the Governor. nv virtu. of his con-
stituiional prrrogative. called upon this court
for lis opinion upon the questions PROFOUND
ed. Bv the provisions of the constitution
the court was required to expound and con-
struc the provisions of the constitution and
statutes involcd. 1t gave full answers to
those questions. The opinion Of the court
was thus obtained in one of the modes pro-
idcd in the constitution for an authoritative
determination of ''Important questions of
law
The law thus determined is the conclu sive
guide of the Governor and Council in the
performance of their ministerial duties. ANY
action on their part in determining the vote
As ii appears by the returns in violation of
the provision of the constitution and laws.
thus declared. is usurpation OF authority.
and must be held void. 1t only remains to
apply those principles to the subjects embrace
cd in the questions propounded. The Gov
ernor and Council have no right to sum
mon a person to attend and take his seat in
the Senate or House of Representatives. 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 Il dciherte violation of
official duty. TO summon those whom the
returns show were not elected would be
equally such violation. Either would be in-
traders without ri-ht into Il legislative body.
The summons thus given would be void as in
excess of any powers conferred by the con-
stitutiop. Grant this power. and the right
of the people to elect their officers is at an
end
QucS. >. Have the holders of any such sum
mons right to take a part in the organiza-
ton or subsequent proceedings of either
House to the exclusion of the members right
fully elected. As shown by said returns. under
the decision of the court, or does such right
rest in said last named member, to the exclu-
sion of the member summoned from the same
district?
Cues ,. Ifsummonses were issued under the
facts recitcd in the statement herewith sub
mited to Lewis Voter of Pennington district.
Daniel SNOW of Skowhegan, Alfred Cushman
of Ashland. James o. White of Jay, Leonard
H. Bpal of Lisbon. Osgood y. Bradbury
of Stoneham. George W. Johnson, of New
Sharon. Lincoln II. Leighton of Cherryfield,
Aaron II. Woodcock of Nanccboro. Harper
Allen of Fairfield. Joshua +. Jordan of
Searsport. Would such summons give eth
er of the above named persons right to
take part in the organization or subsequent
proceedings Of the House or would such right
rest in Cyrus II. Thomas of the Harrington
district, Hiram :. Stewart of the Skowhcgan
district. John Burnham of the Ashland dis
trct John X. Eaton of the Jaw district, Will
liam II. Thomas of the Lisbon district. 4. +.
Andrews of the Stoneham district David y.
Norton of the New Sharon district. Henry c.
Baker of the Cherryfield district, Charles \.
Rolf of the Nanccboro district. A. Il. Cole of
the Fairfield district. Robert French of the
Searsport district. to the exclusion of the
persons summoned from the same districts:
Qucs. 1. If summonscs were issued under the
facts recited in the statement herewith submit
ed to Daniel W. True of Cumberland county,
Edward A. Gibbs of Cumberland county,
William X. Field of Cumberland county,
Rudolphu> i. Thompson of Franklin county,
James r. Talbot of Washington county.
John q. bennett of York county. and Ira :.
Libby of York county. would such summons
cs give either of the above named persons
right to take part in the organization or sub
sequent proceedings of the Senate Would
such right rest in Andrew Halves of Cumbcr-
land county. Daniel Duran of Cumberland
county, Henry e. Brewer of Cumberland
county. Geo. II. Fernald of Franklin coun-
", Alden Bradford of Washington county.
Geo X. Wakefield of York county, and J.
w. Dearborn of York county to the exclusion
of the persons summoned from the same dis
trictS:
Ans The second, third and fourth qucs-
tions NAV be answered together. The answer
to the first question covers much Of the
ground embraced by these questions. Hold
crs of summonses which are void, for the
reason that the Governor and Council have
failed to correctly perform the constitutional
obligations resting upon them. have no right to
take part in the organization. or in any sub
>equent proceedings of the House tn which
they are wrongtullv certiicated. They are
not, in fact. members; but the members
righttuly elected. a. shown by the official
returns, and the opinion of the court upon
the propositions heretofore. by the Governor
presented to the court. are entitled to appear
apJ arr in the oruuniz1.inn of the iuuspS to