Year: 1879

Council will count out the republican ma
iority in both House and Senate, because
counting out republicans in the Senate
alone would amount to nothing toward Civ
ing them the control of the State govern
ment. If the republicans have majority
in the House they can secure the
establishment of the rightful majority
in the Senate. That much is certain. Io
carry out, therefore, the revolutionary pro-
gramme, the House must be counted out
And this, according to rumor, is what is
going to be attempted.


The men who would undertake such
thing must be desperate. The republicans
have elected nineteen members of the Sen
ate and the fusionists twelve, which gives
the republicans clear majority of seven
In the House the republicans have ma
jority of thirty rightfuly elected and en-.
titled to seats in that body. 1t would be a
very audacious thing even to try and revo-
lutionize the Senate against republican
majority of seven, but to count down and out
republican majority of thirty in the House
that is job that even Mexican revolu-
tionary junto would hardly dare to face.
The whole scheme would be in utter vio-
lation of the constitution, revolutionary
anarchical, and whoever should engage in
1t would be regarded as Cataline and his
associates were in their time.


1t is said the Governor and Council have
found out precedents for counting out. and
the case of Burleigh and Madigan. and Of
Bliss, are cited as such. These are no pre-
cedents at all. They are cases which did
not affect the political character of Senate
or House in the least. If Madigan had
been given seat in the Senate instead OF
Burleigh the republicans would still have
had large majority in that body. So if
Bliss had been rejected and his opponent
given a seat in the House, the House would
still have been republican by great ma
jority. The step which the Catalines pro-
pose is to seize the government, against
the expressed voice of the people as de-
clared in the late election, against the con-
stitution and laws of the State. There is
no precedent to be found in this State for
such proceeding The constitution and
the laws have been observed in all cases
where the voice Of the people declared
for change of the control of the gov
ernment from one party to another.
This is the first time, we believe, in the
history of our State, when such subject
has been even agitated as usurping the
government by the process OF counting out
the party rightfully elected to the control
of the Legislature. The duty of the Gov
ernor and Council in the matter of count
ing and issuing certificates was stated by
the Supreme Court in 1854 as follows
1.-The Governor and Council are required
ito issue summons to such persons as
''shall appear to be elected by majority
"of the votes in each district, to attend "
&c. In the same opinion they said
"The Governor and Council are only au-
'thorized to ascertain who appear to be
"elected Senators, and have no poper
"to determine who are elected. That
power is entrusted to the Senate alone" :"
This opinion was signed by Shepley, Ten
ney, Wells, Howard, Hathaway, Apple
ton; authority sufficient we should mag
inc to satisfy even democrats ofthe illegal
ity Of the contingent process talked
Of.


If the Governor and Council have any
doubt about their duty in the matter of ex-
amining the returns and issuing certif-
Gates, they can obtain the opinion of the
present Supreme Court and take that as
their guide. But so plain seems to be
their duty simply to issue certificates to
those who appear by the returns to be
elected, and leave the Senate and House
to decide all disputed cases, that it scarce
ly appears possible they can have any
doubt, or that they will count out or count
in anybody on any other evidence than the
returns show. If they have any doubt
the Court will settle it if they desire, and
then if they govern themselves by that
authority the people will have no reason
to find fault with their action.


But we are of the opinion that all rumor
which connects the Governor and Council
with intending to count out republicans
elected are without foundation.


The rumors are the work of men who
have nothing to lose by such bold viola
ton Of law as is talked of, but who would
hold Office and patronage if they could
even by sacrificing Governor Garcelon and
the Executive Council, overthrowing the
declared will of the people, and trampling
the constitution in the dust Nevertheless
as such rumors have become common,
It is plainly theduty of the press to notice
them as they deserve.


Elections in several States take place