, 1880-01-18
THE LAW IN. THE MAINE CASE.

For the information Of those who have not
had the time or patience to read the long
opinion given by the Supreme Court Of
Maine, which determines the legal status OF
the Legislature in that State, its purport
may be stated as briefly as possible. This
statement shonld be promised, however,
with the remark that the Constitution Of
Maine makes 1t tie duty Of the Supreme
Court to control and define the law for the
guidance Of the Executive and Legislative
branches Of the Government. eve cannot
decline an answer, II we would" says the
Court This circumstance renders its opin-
ion final and binding upon all laW-abiding
people.
The Court first points out that, in the line
Of its duty and in the manner prescribed by
the Constitution, it advised the late Gov
ernor Of the lawful procedure in the case
Of the returns. The law thus deternetncd,"
says the Court, twas the conclusive guide
of the Governor and Council in the perform
! ance Of their ministerial duties,'' aud a yio-
lation thereof was "a usurpation Of au~
thority and must be held void" It Is
also held that men who claim seats
in the Legislature by virtue Of Executive
summons issued in violation Of law are till
truders, without right, into the legislative
body" Such persons, purporttng to act I'M
der summonses that are void, "have no right
to take part in the organization, or in any
subsequent proceedings, Of the House to
which they are wrongfully certlfcated." 1t
is further held that member without
summons is entitled to the same considera-
ton from the Legislature prtma fucte, as
one with summons, because the former
cannot ssbe deprived Of the position belong
ing to him Oh account Of dereltchon Of those
whose duty it was to have given him the
usual summons" The Court points out that,
otherwise, the Governor and Council, by
granting certificates to men not elected and
| refusing certificates to those who we're clearly
elected, "may constitute each House with
majority suited to their own purposes, thus
strangling and overthrowing the popular will
as honestly expressed by ballot'
II the Court had stopped here 1t would
have laid down the premises for logically
concluding that the acts Of the bogus Legis~
lature we're void and that the members hon.
est}y elected by the people had the hight to
organize the Legislature and proceed to the
formation Of lawful Government But the
Court goes on to specifically determine how
this should be DONE. It holds that all acts
that have been done by an alleged Legisla-
| ture, lacking quorum, excluding Twelve
persons entitled to seats, refusing to consider
their claims, and thus leaving five cities total
ly unrepresented, are illegal and void. 1t
holds that the fact that there Is now no exist
ing Governor and Council to administer the
oath of Office to members Of the Legislature
cannot exclude the latter from their rights;
| that the oath is the essential thing: that 1t
can be taken before any magistrate author
lied to administer oaths. and that it will be
legal*hnd binding when so taken. It declares
that the Senators and Representatives who
hold summonses can meet together with those
| from the disfranchised cities not summoned
who were elected, and organize lawful Leg
islature; that, in cases where the Official re-
turns are lost Cancelled, or inaccessible,
whether by accident or fraud, Inc
result Of the election may be as
certained by the use Of certified copies, and
! that the 1awfully-e1ected Legislature may
assemble, organize, and proceed to elect the
Executive as provided by law. The glst OF
/ the whole matter lies in the following sen
tence: "Neither the care1esness nor turpl-
tude OF officers charged with making, or with
the custody, Of returns can be suffered to de-
feat the will Of the people as expressed in
the election" T.:
The duty Of the Republicans is now very
clear. They should assemble, seat those who
were wrongfully and unlawfully deprived OF
certificates. and nroceed to elect the Governor
and Council In the manner prescribed by law.
The direction Of the Supreme Court In every
State would be properly regarded as 1nal in
case Of disputed tenure, but it must oe so
in Maine, since the Constitution OF that state
expressly constitutes the Supreme Court the
arbitrator and Judge, and makes its rulings