Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-01-28


ganizcd House Of Representatives and Senate
under the constitution Of this State.
! 1t remains to be considered whether there
/ is a legally organized legislature in existence
entitled to enact laws that must be binding
upon the people and the courts Of the State.
he action of those controlling the proceed
ings on the first Wednesday Of January, 1850.
| has no, been acquiesced in by . quorum Of
those appearing to have been elected to either
house. 1t is matter Of history that after
unsuccessful resistance the illegal action
Of the officers attempting to create the legis-
lative organization on that day, majority Of
the persons who appeared to be elected to the
two houses formed an organization Of them
selves. They refrained from forming an in
dependent organization until the 18th day Of
January, hoping until then to obtain their
rights in some other way. They were forced
into such position by the illegal action OF
the minority of members, whose action they
were not Obliged to submit to AMI which
they could in no other reasonable manner
resist. The organizations made on January
18th were made by majority of the men,
bers appearing to be elected and having the
prima facie right to seats The point Is
raised by the statement and questions sub
mitted, that no legal organization could he
formed on January 18th because no notice Of
the intended action was given to the minority
or non-atteniing members, SO as to enable
them to participate therein. The minority
were not excluded. The organization was
made in a public manner. The minority were
at the time claiming to be, and are still
claiming To be, the lawful legislature. 1t Is
not to be presumed that they would have
abandoned that organization at that time had
notice been given. We do not think that the
Of inxultlasas tho
of January the 18th. There may be irregu-
larities in the manner in which such organic
ations were formed, but the voice Of the pco-
pie is not on that account to be stified, nor
the true government to fail to be maintained.
No essential defects anywhere exist, but only
such departure from ordinary forms as cir
cumstances compelled. History can never fail
to declare the vital fact that the organizations
of January the 18th were formed by full quo
runs Of persons appearing by the records
and returns as duly elected members Of
either house.
Ii cannot be that such u construction must
be given To the constitution of the State as
will subvcrt the plain and obvious intention
of its trainers, or place it in the power Of a
lew men TO perpetuate their hold upon the
offices in the gift of the people, in defiance Of
the will of the voters. constitutionally ex-
pressed and ascertained, because their own
neglect Of duty has made some departure
from directory provisions and ordinary forms
inevitable.
4 legally organized legislature being now
in existence and exercising its constitutional
functions, il follows that no convention of
members elect of either hous. can exis,
which can be treated rs a nucleus for another
organization. Two governments are claiming
TO be in existence rs valid and entitled to the
obedience Of the people. Both cannot right
fully exist at the same time, but one govern
ment can be recognized and obeyed. The
responsibility aud solemn duty are imposed
upon us to determine which Is entitled to
judicial recognition.
We therefore, after due dclibcration and
of all matters involved, affirm
AM declare our judgment to be that the SEN
ate whose presiding officer is the Hon. Joseph
A. Locke. and the House of Representatives
whose presiding officer is the Hon. George 4.
Weeks. constitute the legal and constitution
al legislature of the State.
(Signed.) JoHN APPLETON,
CHARLES w. WALTON,
WILLIAM q. BARRows.
CHARLEs DANFoRTH,
JoHS A. PETERS,
ARrEMAs LIBBEY,
Josuru W. SyMoNDs.
To A. &. Andrews, 4. II. Chcever, Esq,
Augusta, Maine.