Daily Kennebec journal., 1880-01-13

Or motion of Mr.. PARTRIDGE of Whiteheld.
,h., gentleman With Messrs. Sproul of Yea
zie. Gilman of Meddypemps. Richards ol
Gardiner. Mason of Limerick, and Cook OF
Leviston. we're appointed = committee to re-
ceive. sort and count votes for Assistsn'
Clerk. :.
Having attended to the duty assigned
the committee reported:
Whole number of votes el.
Edwin c. Burleigh had 81: ;,
And Edwin C. Burleigh was declared
elected assistant clerk Of the House TOR the
current political year.
The oaths of Office were then administered
To the clerk and assistant clerk by Wm N.
Stratton.
Mr.. SrRorr Of Portland presented the fol-
lowing which received a passage:
Resolved. That Isaac Hanscom OF Lepa-
non. Edward X. Hall of Nobleboro. Geo. s
Hill OF Exeter. Oliver P. Bragdsn OF Suili-
van. Frederick {. Nickerson o.
Linneus and Robert NJ. Loring
Perry. all of this State. be admit
ted TO seats as members prima fdeie OF IN
House of Representatives of the 59th Legs
lature of Maine in the places of Stephen b
Lord of Lebanon, James W. Clark OF Noble
boro. F. W. Hill of Exeter, James Flye OF
Sullivan. John II. Brown Of Haynesville and
James Leighton of Perry in the State Of
Maine.
The above mentioned gentlemen as enti-
tied 10 seats then took aid subscribed the
necessary oaths. Mr.. Stratton officiating.
On motion of Mr.. Goss of Bath,
Ordered. That Asbury F. Haines be Mes
senger. Charles II. Gatchell first Assistant
Messenger, and John W. Phinney second As
sistant Messenger of the House Of Represen-
tatives of the 59th Legislature.
On motion Of Mr.. CRANE of Winthrop. that
gentleman was charged with and conveyed a
message to the Senate informing that body
Of the organization of the House by the choice
of Hon. Geo. Weeks as Speaker and Oraman-
dal Smith, Esq, as Clerk.
A message was received from the Senate
informing the House of the organization of
that body. by the choice Of Hon. Joseph A.
Locke as President and Charles w. Tilden
as Secretary.
On motion of Mr.. GILMAN of Meddybemps
Ordered, That the Speaker be authorized
TO appoint two pages.
The Speaker appointed as pages. Joseph c.
Campbell and Edward b. Wyman OF Angus
Il.
Mr. HALE Of Ellsworth sent to the Speak
ers table the following:
Ordered, That a committee consisting Of
three members be appointed by the Speaker
to report to this House for its action, whether
the House will require the Justices Of the SUI
preme Judicial Court to give their opinion
touching the legality of the organization of
the House Of Representatives of the 59th
Legislature of the State Of Maine, and to
present for the action Of this House such
questions a. the law and the facts demand in
the premises.
Mr.. HALE then said:
Mr.. SPEAKER Il should not present this or
der but for the grave and extraordinary cir
cumstances that surround us. For the first
time in the history Of the State Of Maine the
people of the State are concerned with grave
questions respecting the entire organization
of both branches Of the legislature. The
people Of the State of Maine. Mr.. Speaker
are entitled to legal House of Representa-
tivcs and legal Senate, acting under the
forms of law and recognized by the highest
authority, if it needs to be invoked, in the
State. do not mean to go over all Of the
facts which have led up to the present situa-
ton. All gentlemen know that solicitude in
regard to the matter began months ago. 1t
was at first feared. and then believed by many
that the persons elected by the people to the
House and the Senate would not receive GER
cording to the returns. The constitution and
the laws are explicit as to the duty of that
body; and grave questions and fears were
aroused because it was said that the returns
were not to be made public to parties inter-
ested, and it was soon found that they were
not. And when requests were made to the
Governor and Council, that they
should be opened to them. the requests were
at last granted, and the people and the
candidates rested upon the hope
that justice would be done in the count The
time came, Mr.. Speaker, when the count was
made public and the summonses, ordinarily
called certificates. sent out by the Governor
and Council to members and senators. con-
stituting them members and senators-elcct
under the phraseology of the statute, were
distributed among the people, and it was seen
then that they were not issued to those who
appeared to be elected on the votes returned.
And then it was said and promised that JUS
tice would be done and gentlemen be seated
according to the returns as soon as the lepis-
lature organized. And the people waited for
that: and gentlemen by whom am surround
ed in this hall tonight, legally elected men,
bers of this House, waited for that second
opportunity for justice to be done. Thev all
came here into this hall, Mr.. Speaker. on the
hSs W VuuSsu~S III JAuuaIv, ana answered to
their names upon the roll call, those who
were certifcated-the remnant that had been
left by the Governor and Council, 81 men in
stead Of 80 men; and the moment that the
roll call was completed the opportunity was
offered to correct the mischief and set right the
wrong and admit the men to their seats. And
upon that, the House, ~ claiming to be
organized to the extent that it could be at
that stage, went on and completed its organ
ization BY electing officers, ignerinR their
promises that justice should be done. Pro-
tests were made against the organization points
oforder raised showing the infirmty oftbe ac.
ton, and yet that body persisted, without a
quorum participating in its action in elect
ing any officer. in organizing and setting up
the machinery of the House of Representa-
tives in this hall. 1t never had legal exis.
tence as body that could act from the mo-
ment that it started. 1t never advanced to
that Ii never attempted to make itself a le
gal body, Mr.. Speaker. by the admission of
members who should belong to the 59th House
OF Representatives Of the Legislature of the
state OF Maine. And gentlemen about me
and all Of US have waited to see whether
there would be persistence in this illegal or.
ganization. This is the fifth day that We
have waited, and the people of the State have
waited to see whether any steps would he
taken BY the body which claimed to organ.
ize on the first Wednesday of January, either
IN setting the wrong right. or by anv act to
estao'ish IN the minds Of the people of the