Morning journal and courier., 1880-01-06
On the Eve of the Legislatures Organization.
HOPES OF THE REPUBLICANS
That Fraudulent Certificates
 will be Recalled.
MEETINGS OF BOTH PARTIES.
CaHcuses to Nominate Legfs-
 latfve Officers.
THE MAINE FRAUD.

Excitement at Augusta-SalOons Or dered CiOsed-Meetfngs of Roth Par
 ties Republicans Hoping to Secure
 Control of the Legislature = Senti-
 celOn's Position Considered Weak
 emcd.
 AUGUSTA, Jan. 5.-The excitement is in- creasing here. Senator Blaine is jubilant over the opinion of the court, but prominent Dem- ocrats say it is Republican stump speech of no binding force. There is little likelihood that both branches of the Legislature will or ganize on a fusion basis.
 The fusfonists held a meeting in one of the halls tonight. A large number of members elect were present. Several speeches were made. The fusionists will hold caucuses to- morrow night for the nomination of legisla- tive officers. The Republicans will likewise hold caucuses Tuesday night for @ similar purpose. The greatest excitement prevails The Chief of Police has ordered the liquor stores and bar rooms to close up till after the organization of the Legislature
 Blaine's house was the scene of large meeting of Republicans tonight. Hamlin, Reed, Frye, Hale and 8 host of others were present. The conference was long one, but the strictest secrecy was observed.
 The Governor and Council to day decided to refer the opinion to the Legislature with the returns and reports of the Council upon the canvass, and upon the decision of the Legis- lature depends the result. The secretary of the present Senate, Hon. s. W. Lane, of this city, will call the new Senate to order on Secretary of State. MT. Lane is 8 Republi- can, but believes in supporting the State au- thorities in the discharge of their official du. ties. Major General Chamberlain came to town tonight and is with the Governor. His determination is to preserve order at all haz- ards. A. A. Sproal, Republican candidate from Portland, called on the Governor to de- mand his certificate, but the Governor was absent and he had to leave without it.
 WASHINGTON, Jan. 5.-The decision of the Supreme Court of Maine on every point sub mitted to it by Governor Garcelon has excited the liveliest interest in political circles here. The question now uppermost is what does Governor Garcelon propose to do. The weight of sentiment seems to be that he cannot ig- nore the unanimous verdict of the highest ja- dicial powers in Maine. Many Republicans think that Governor Garcelon, in accordance with thespirit of the Supreme Courts decision, will recall the certificates issued to members of the fusion party not elected and correct his error by granting certificates to such Re pubicans as were undoubtedly elected but who were counted out under technicalities of law. The Democrats, however, do not as 6 general rule adopt this view. A majority of them say that in the first place the Governor should never have submitted the question to the court, but the fact of his having done so does not alter his position, because it is op- tional with him whether or not the courts de- cision is observed. Some Democrats, too, put good deal of stress on the fact that every member of the Supreme Court of Maine is Republican, and that as with the electoral commission party feeling ran higher than legal judgment. Then, too, there are Democrats who say that the opinion of the Maine Supreme Court is just the reverse of the opinion of the electoral commission pro- mulgated in it's decision on the Florida, Loui- siana and South Carolina contest of the Pres idential election; that while the electoral commission held that Congress in it's minis terial capacity had no right to go behind the returns that the Maine court holds that the Governor of Maine and his Council have a right to go behind the returns and ascertain the will of the people. General Butler is of the opinion that the Governors action is strictly within the law. ''Wby," said the General, ''he could not have exer- cised his constitutional duty and done other wise than he had done A ministerial officer the law. If such officers exercised such a right, we would become 8 nation of men and not of law The Governors duty was to count the vote as he found it, to fol- low the law as it is written without regard to what may be the spirit of the law. The prop eE GrlDunal tO interpret LnS splrlL or the law IS the Legislature itself" There is, however, very decided sentiment shared in by both prominent Republicans and Democrats, and that is that Gov GarceIon's position has been very materially weakened by the Supreme Courts decision. The Republicans say that if he contemplated in advance to disregard the legal advice of the court, it was the sheerest folly to ask its advice. The Democrats admit the force of this logic and can only say that he never should have asked the advice of the cnurk