Chicago Daily Tribune Newspaper, January 17, 1880, Page 1

VOLUME XXXIX. “mbroideries, 10,000 PIECES = ENTIRELY NEW and CHOICE PATTERNS. COMBINATIC 1880. S ALLE 1880. ATTENTION! WEST SIDERS! SOUTH SIDERS! AND ’ NORTH SIDERS! It will be beneficient to you to call and seo the Mammoth Bargains | Now being offered for sale by the RECOGNIZED LEADERS OF POPULAR, PRICES. The REDUCTIONS mnde are Simply Immense! And embrace EVERY DEPART- MENT throughout the establish- ment. These claims are no BOM- BAST, but facts, positive facts, all of which can be seen at tho LEADERS OF POPULAR PRICES. MADISON AND PEORIA-ST PIANOS, PIANOS! PIANOS! PIANOS! tH" Fine NEW Square or Upright Pianos, from $166 to $300. | tH We have also a few very fine Pi- anos but little used, that we wilt sell at great baxgatus. ta" New ORGANS at half price. tH" AL warranted to give perfect sat- dsfaction, ov money refunded, fr Old Pianos taken in exchangeat thely CASH valuation. ta Pianos moved, tuned, and re- paired. Reed's Temple of Music, A, REED & BONS: 191 & 198 Proprietors. STATE STREET. LETTER ULVER PAGE 903 63 cHOYNES.CO.22" Retail Stationers, 118 and 120 Monroe-st, BROWN'S PERFECT SELF-INDEXING AND SELF- BINDING LETTER, BILL, AND INVOICE FILE, The Onty Perfect Letter File Ever Invented. Haye obtained control of an im- mense stock of Hamburgs, comprising the ilost Elogant Assorinent yer offered in the market. The + patterns aro entirely iW AND EXCLUSIVE * Styles, which for eatness, Elegance, and Taste, Cannot be Surpassed, Special. attention is called to 3,000 PIECES extra widos EDGING, At 12 Fe, 180, 286, 40, 50c, and 78e a yard, Also numerous patterns at 4, 46, Be, Te, Be, 9c, 10e, &e, Tho assortment will he found AT: , \ TRACTIVE. WE INVITE INSPECTION, MANDEL BROTHERS, 121-& 128 State-st. FIRM CHANGES, DISSOLUTION. irtnorship horetofore oxisting between tho ralyned under the tim name of DP. W,& EW. Gillet Is this day dissolved by mutual consent. “E,W. Gillett auceucds taal} riglita and tithen, will culteck all Neculita Bid gontigue te business Wf wild tirt at manic place, 2, Ad2, wud 44 Michiyatieny. 6 , LIE, Chlengo, Jan. 16, 150, BAW. Gir, ESTABLISHED 1852., GILLET’S . CHEMICAL WORKS. CMCAGO, Jan. 1 HD, T havo, this doy sold to mynmis Sit ie We Ollie: who has been nesocinted with mo for many years, al! Wy, pusinena) Fiahta and "Utlen tv Giitoty Chere Works, Ha wiltcontinue the manufacture and enle OF Gillow's Flavoring Isxtracta, Haking Powdor Crentt Yonat Cakes, Laundry und ‘Toilet Soups, and Grocers Hundries,, In “rotriig: from. aetive businost lite, 1 wish to thank my many frionts for the contitonce SONniare tants anda aegis Yor Sy set ce anio in a groatr doxeoe: for ny Al censor, who will enduavar to morlt it as BW. Guae, o N ‘ * » DISSOLUTION, .. ‘The firm of NM. Born & Co, bi . solyeu byrautualeonmont. hat tla day beon ale MOSES HORN, i 1 Chleawo, Jun, 15, 1830. OSCAIL ROSENTITAL, Tho undersigned will continuo the buatness of - MERCHANT TAILORING At the Old Stand, IN RATIAVAY Ciicage & Nonrvuw str i 40, Oct, 2 157% eape 2 Ise FLELGUT AU ,15 South Clarkest. M. BORN, | Moras. cULVER, PAGK, HOYNE . ‘ Thave used your “ Brown's Self-tndexing and Solf> ; COPARTNERSHIP, Binding Lotter Fe" for siitug lottora and fapora foe fiaely ayear. Lcunsides Inthe most content isfnetory the that tb + MOSES L, COH IN has this duy been quimitted of tons fos) partner f) segtner in thy buslngas. IB COL, vp Wei continue the manufucture of Ciara $neteased Tachities, and thanking our atrons forvuct favors, and wulletliug future orders. wo 1 ety sempucttislly, LOUIS COLIN & SON. ORANGES, GENUINE ~~ Herida Oranges C. JEVNES, 110-112 Madison-st WINTER RESORTS, Fee neererene ochre raced hd ' WINTER RESORT. ‘THE ROYAL VICTORIA HOTEL ‘ NASNAU, HAMAMA INLANDS, 2A land of porpatuat a JSrtoprletn SOP tanner nthe ten apy eee “+ UMES IDCERWOOD &'U0,, 758 Rruaduay, Kew York. ‘ NASSAU MAIL STEAMSHIP LINE Leavos Pior 2, Must Kivor, sambenouthdy(atter Jans Feokly), for Nusa, touching: 0 : acheddla Grainy dys, aud eutomat ptonade ely to RE, FOR SALE. TUK FINE OFFICE BUILDING, 95 & 97 Washington-st., Known us the “ PARKEN BUILDING." Apply to . LYMAN, Ttoun B, Portland Block, Manufactory Site out front by Tor QO fost with nnsurpessedd wb ducileion, “Levallony, wnst ut Buack: Vue MoU OF cl wuits, 1s on Por fut fout AUP, Rear Unc, L Goops,* Fine Spectacles suited to, all nights on sclontitio principles, “Gpora and Flold Glasses, Telescopes, Ml~ croscopes, Barometer, ete. HINANC INVESTMENT. SECURITIES. Wo buy und soll Ue 8, BONDS, . eee eeeiidnd Rensay Banas ee ed coud Town, 53 PRESTON, KEAN 4 €0., Bankers, 10) East Wustiington-at, HONEY T0- LOAN On Improved City Property at current rates, MEAD & COK, 12 LuSalto-at. STATIONERY, &c. BLANK BOOKS, PRINTING, AND STATIONERY, J, W. MIDDLETON; 85 Statest. AL. ¢, WL, MALLO. ¥ $e 3he, AY a CO,, v1 + BA MNONN, er at 3 RAILROAD ‘TICKETS, frrerrevee, “FLORIDA, Jacksonville, Fornandinn, Cedar Keys, ig Naxsau, and Havana. und-tip tickets-on salu ot lowest rates by tho DANVILLE ROUTE, The shortest, and bes! nd nn) Vt Stage betwcan piri wha Wativitie for aft classe era. Bor tie-tublos i aie Sayles TOOTH MCR OeG ica Ti Clarke-st. ur 12 Denrburn. —>—-— we BUALES, u - CRIRGA NS? Large Stock, Good Work, Low Pelces, : aes ee ETE TS DR. DAY, 133° E. Madison-st, oe | ie Becasefultabuy only theQuennlnes SATURDAY, JANUARY AYLOMING. AITADPY COMBINATION Of Exceltences you may be sure of finding in our Custom Tailoring, Which will recommend ua to the wise and pru- dent, With unexcelted talents for cutting and making, with both Forelgn and Domestle Fabrics to select from, and a disposition to name Low Prices, we feel aure of pleasing you when you call. A. J. NOTTING & C0, “Say this as Fine Ti silors,” THERE CHARLIE, DONT CAY.BUT GIVE THIS CARD TO YOUR FATHER ANDHE CAN SENO TO NUTTING'S C.O.D.CLOTHING STORE, AT AND GET YOU JANICE SUIT & Boys’ and Youths’ Clothing where others are offering only the “ Fag Ends of the season,"" TELEPHONE US Over either Une, for goods to select from, if you cannot come in, A.J. NUTTING & CO., C. OD, CLOTHIERS AND TAILORS, Nos. 104 AND 106 MADISON-S ‘TOLU ROCK AND IYI. \ SURE CURE FOR Coughs, Colds, Consumption, and all Diseases of Throat and Lungse Lawrence & Martin, {11 MADISON-ST., Sole Aycute U, 8. and Canada, Importers Wlaes, Liquors, and Segara. For sale by Druggists and Dealers everymhere, 10 PR. CT. DISCOUNT On all. garments ordered of us diving January. FULL DRESS and MAR- RIAGE TOILET « specialty. Ladies? RIDING HABIUS and SURLOUTS. Servan ts? Stylish LIVERY. EDWARD. ELY & C0, 168 & 165 Wabash-ay., cor. Monroc-st. REAL ESTATE AGENCE! A My GEORGE M. BOGUE REAL ESTATE AGENCY, ROOM 8 REAPER BLOCK, No. 97 Clark street, Chicago. Property bought and sold ow com- anlaston, 5 Spectal attention given to the care and management of Teal Estate. Taxes paid and Kents collected, Interestso f non-residents carefally looked after PATENT LAWYERS, PATENTS. PLINY B MMITIL. TBR Dixos. | DIXON & SMITH, PATENT ATTORNEYS AND COUNSELORS, Rooms 43 & 45, 145 LaSalle-st., * Major Block, Chicago, Patents procured, and Patent Litigation ~ conducted, — Charger reasonable, . Currespundence invited, (Tuku Klovator,) WANTED, Salesman Wanted. A keon, eneruutic msn, controlling a tance trade atinong Wholesale Grocurs Bouth, ete. Also nnother fortrudy tn Stichigas Only men of lurge expert: he _aldent and bat Hin the ling Weal, Addruss BT, ‘Pribung ufive. Space svcured for Clty and Country Advertiing, or pbitous fatus eat unt Ce uddeuus GeAcCIOR 0, He Dearburnest., Clileado. “ee ATS, tas Noa nae ne eared Gents’ Dress Sill: Hats on hand and made to ordey; extra fine qual- tty. Price, Fee, «lt BARNES’ ‘|. Fut Store, 86 Madison-st. (Lribune Bullding.) _ bot, 0 COLLAPSED. Such Is the Condition of the Fusionist Plot in Maine. The Republicans Fully Sus- tained bythe Entire Supreme Bench, Whose Opinion. Is Accompanied by Soveral Pertinent Moral Lessons. The Ranks of the Conspirators Bro- ken by this Last Judi- cial Volley, And Many of Them Announce Their Intention to Sur- render. The Farce Continued Yesterday by the Election of Smith as Governor, And That Gentleman Discharges His Inaugural at the People. Lamson’s Staff! Struts Its Brief Hour and Then Gives Way to Smith, The Republicans Will Meet To-Day and Begin Regular Legisla- tive Business, SUPREME COURT OPINION. THE REPUBLICANS SUSTAINED ON ALT. POINTS, . Basoor, Me., Jan, 16,~The following doe- mnent will be forwarded by the Supreme Judieiat Court to-morrowhorning, addressed tothe Hon, Joseph A, Locke, President of the Sennte, and_the Hon, George E. Weeks, Speaker of the House of Representatives: Banaon, Me, Jan. 16, 1880.—The under- slgned Juytices of the Supreme Judicial Court have the honor to subnilt the follow- ing answers to the interrogatories proposed, anid based upon the accompanying statement of facts; questio: 1. ; Have tho Governor and tho Counett the right, under the Constitution, tots Won Hh person ta attend and take a seat Jn tbp Senate or House of Representatives who, by thp offical returns tn der the decision of tho Cau pour to be elected, but defented for, or would such summoug ly void ng excced- ing the powers of the wv aid Connell un- der the Constitution?” Deeks . Answer—An election haa been had by the elvetors of this State. The right of tho sev- eral persons voted for depends upon the votes exst In uévordance with the Constitution nud jaws of the State. It was the duty of the Governor and Cotinell thus to declare it. aAny other declaration ts unauthorized and yold. ‘The Governor and Councll examined the returns and undertook to declare the re- sult ns they appeared by the returns, ‘Various questions Involving the true construction of the Constitution and statutes relating thereto arose, and the Governor by virtue of lis con- stitutional prerogative called upon this Court for its opinion upon — the questions propounded, By the provision of the Constitution, the Court was required to expound and construc the provisions of the Constitution and statutes Invelyed, 1t gaye fall answers to these questions, | The oplnion of the Court was thus obtaiued in one of the modes provided fn the Constitution for an authoritative detenaination of “Important questions of law." ‘The law thus determined is the conclusive guide of tho Governor and Council in the performance of their mints terial duties, Any action on their part in determining the vote as it appears by tho re- turns in violation of the provisions of the 4 Constitution and tho law thus declared isn usurpation of ruthority and must be held vod. It only remains to apply those prin- eiples to the subjects embraced in tho questions propounded, The Governor and Couneil have no right to summon a person to attend and take his seat In the Senate or Houseof Representatives who, by the returns before them, was not yoted for, or, belng voted for, was defeated. ‘To summon ove for whom no votes had been cast would be a deliberate violation of official duty, ‘Vo sum- mon those whom the returns show were not elected would be equally such a violation, Elther would be intruders without right into the legislative body, ‘Lhe summonses thus given would be yold, as In excess of any powers conferred by tho Constitution, Grant. this powerand the right of tho people to elect thelr officers fs at an end, QUESTIONS 2,2, AND 4. Ifus tho bolder of any such Inmons tho right to Gatco fart in tho organization or su bse- quent proceedings of either louse to the exelus son of members rightfully elected, as shown by guld return, under decison of the Court, or does auch right est in said last-numed members to the exclusion of the members summoned from the same district? If thy summons were fesued under the facts reelted in the statement herewith submitted to Lows Votor, of the Farmington District; Daniel, Show, of Skowhewan; Alfred Cughnian, of Ash- lundt James O. White, of says Leonird i. Beale, of Lisbon; Osgood N, Bradbury, of Stoneham; Ceorge W, Johnson, of New Sharon; Lincoln 1, Leighton, of Cherryiield; Auron H. Woodcock, of Vanceboros Harper Alber, of Fafrtleld: and Joshua L, Jordan, of Scursport, would sucb sume mous give either of the uboveenumed persons the right ta take part {n the organization or sub sequent proceeditigs of the House, or would guch Tait reat In Cyrus tf, hous. of the Furning- ton District; Hirain &, Stewart, of the Bkowhe> iain District; John, Murnbam,’ of the Ashland District; John 2, Eaton, of the Jay District; Witt iL ‘Thomns, of the Sixbon Diatricty A. Andrews, of tho Stenchum Olutriots David , Norton, of the New Shivon Wistrict; Henry: ©. Huker, Of tho Cherrytield District; Charles A, Rolfeof the Vaneeboro Districts KB, Cole, of the Buirtleld Distriet; und Nobert Fronch, of the Soursport Diatriet, to. tha exclusion of persone summoned from those districte If the summonses were issued under tho facts revited Iu tho statement herewlth submitted to Daniel W, Prue, of Camborland County Ledward A. Gibbs, of Cumberland County; Willan It, Field, of Cumberland County; Kudolpbus 2, Thowpenn, of Franklin Conn Jumes Re Dube Washington County; John Q. Dennett, of York Uounty; and Ira’ 8. Bibler, of York County, would ‘such summonses glyo cither of tho above-nmmned persans the right to take part dathe organization or subsequent: proceedings gf tho Bento, or would such right rost in Ane drow Huyes, of Cumberland baat ey Daniel Durnin, of Cuinberland County; Henry C. Brewer, of Cumberland County} Goorin aA. Franklin County; Albon. Bradford, of Washings fou County; and Guorgy 2 Walkellela, af York AOURT 9 exclusion oO! 1O reons suin~ inoned from the suino distetotar Answers.—The second, third, and fourth questions may be answered together, ‘The answer to the first question covers much of tha ground ombraced by these. questions, Holders of summonses which. are vold for reason that the Governor and Coungll falled to correctly perform the constitutlonal obll- ieago Daily Trib 47, 1880—SIXTEEN PAGES. gation resting upon them have no right to take part in the organization or In any sub- sequent proceedings of the House to which they are wrongfully certificated. They are not, fn fact, members; but the mem- bers’ rightfully elected, as shown by the official returns, and the opine fon of the Court upon the propositions heretofore by the Governor presented to the Court, are entitled to appear and net in the organization of the Houses to which they be- Jong, unless the House and Senate, in judg- jug of the fon and qualification of mem bers, shall determing to the contrary. A ember without a summons, who appears to elatin his seat, is prima facie entitled to equal consideration with a member who las a sum- nions., eis not to be deprived of the post: tlon belonging to him on account of dere! ction of those whose duty It was to have elven him the usual summons, ‘The nbsence of that evidence may be supplied by other evidence of membership. The Hose and the Senate have the saine right to consider att determine whether in the first Instance such persons appear to have been elected, aud finally whether they were Jn fact elected, as they have of any and all persons who ap. pear for the purpose of composing their re- spective bodies. Under the facts reeited in the statement subniltted ta us, we are of opinion that Lewls Voter and associates first named In the question there were not entitled to net, and that Cyrus A, Thomns and asso- cintes Jastly named in question were entitled to act in the House as members, and that Daniel W. True and. those first named tn question 4 are not entitled to act, and that Autrew Iowes, and others with him named, were entitled to net as members of the Sen- ate, In neither east did the Senate or House itself net upon the question of thelr member- ship. Both the Senate and House Qneaning the bodies assembled to be orgunized as such) were debarred from any action thereon by the conduct of the presiding Seeretary and Clerk. ‘The assumption of such ofleers, that no question should be entertained relative to the right of persons whose names are not upon the rolls furnished by the Seeretary of State, but were claimants of seats, was unwarrantable. The Statute of 1869 embodied In the Revised —statut (Chap. 2, See, 25) ennnot pres elude either tho Senate. or House from amending and completing the roils of membership according to the facts, Each Tou saconstitutlonal right to organize Itself, ‘Lhe form provided for aid and con- venlence in effecting the ormunization docs not confer upon a temporarily presiding officer such conclusive power, We have not falled to carefully consider the (C. 67, Incorporuted Inta I. $. C. afut so far as it deelares that “no person shall be allowed to vote or take part in the organl- zation of either branch of the Legislature as a member inless his name appears upon the certified roll of that branch of the Lexish ture in which’ he claims to net? we think it clearly repugnant sto the Coristitution, which ‘declares that * ¢nch ° House shall.be judge of the election and qualification of its own members. It als to control the action of each within its constitutional powers till after a fall or- ganization with a iajority determined aud fixed by the Governor and Counell, By their aetion in granting certificates to men not ap pearing to be elected, or refusing to graut certificates to men clearly elected, they may constituteteach House with a majority to sult thelr own purposes, Q overthrowing = the = popular will sas honestly expressed by baJot, The doctrine of that act elves to the Executive Department power to rob the people of the Legislature they have chosen, and foree upen them one to serve its own purposes. It potsons the very fountains of lexisintion, and tends to corrupt the Legisittive Department of the Govermnent. It strikes a denth-blow at the heart of popular goverment, ‘and renders Its. foundation and great bulwark, the will of the people as expressed by the ballot, a faree, Eneh Houso has the same power and Is charged with the same duty to dectare the election of ity own members and orginize in any legithuate way as before the passage of that act. QUESTION 5. Does tho same rule apply when tho member summoned appeurs by the returns to be cleeted only because of some error in the mane or ini tinis of the candidate not. summoned, which crror is corrected by uw under the dcelslor of the Court, ud the official reconts state the namo and ‘fits correetly under the facts ot the Lincoln Senntoriul District and the Repre- sentative Distrietsof Exeter, Newcastle, Goulds- boro, Weston, and Robertson, as recited, or when the member summencd appeurs to be lected only by rejecting the returns of one town be- cause unaligned by the ‘Town Clerk, though a duly attested copy of the revord uf wild town Ls rensonubly offered as a substitute and rejected, under tho facts as reelted ? Answer—In answers of Jan, ‘8, 1880, this Court held that i eases Hke those stated to this question, it Is the duty of the Governor and Counell to hear evidence, and determine whether the record or return is correct; and, if they determined the record to be correct, to ,receive it, or a duly certified copy of it, to correct the return as ly provided In Chap, 213 of the acts of 1877, But In such case they are required to deter- mine anissue of fact whether the record or return fs correct, and, so,far us their action Is concerned Jn determining that fact, we think thelr determination fy conclusive, subject, of course, to be reversed by the House. 1f, how- ever, they should refuse to hear evidence and determine the question, aud shoul by reason of such refusal issue a summons tot candidate not elected, the case would fall under the rule above stated, QUESTION 4, If tho guinmons described in Question 1 bo yold, and the pereons holding, suet summons take part in the organization of eithor the Sen- uty or the House of Jtepresentutives, and withs votes of such persaus thore tro less than embers inthe Senate and lorw than soventy vee eet inthe House yoting for and agninst tho officers of the so-called bunate or House, have such bodies any legal organizu- don or ollicerst « Answer—If tho objection was made to the adinissibility of dlegully-stummoned porsons, as set fyrth in the statement presented us, and the Housa took no action thereon, then an orgnnization of the Mouse or Senate in the manner described in this question would be illegal and void, ‘Phe Court expressed an opinion on the former occasion that the Sen- ate could organize with leas than a quoram of niembers (15 Malne, 683), Where less than @ quorum were clectod, a condition of things that might happen when It required amas jority of yotes to elect Senators, "That de-, elsion met the necessities of that occasion; but tho, doctrine of that case cannot apply when » quorum Is In fact elected, QUESTION 7. Without, such legul organization in cithor House or Bente, or without the sixteon mon, Derg in the Senate and the soventyeax menbers {nthe House: prosent and voting on a given measure, can any vialld law bo cnucted, any legal officer bu chosen, or any business whatever be legally done except to adjourn, und, if any buel- ness, Whut tuainess? . : ‘Answer—Without 9 legal organization formed, and legal officers chosen by seventy- alx members present and voting In the House of Nepresentatives, and'by. sixteen membors present wo voting’ in-the Benate, upon o glven measure, 10 officers can bechoson, nor Jaw passed, nor busincss done except to ad- fourn, No leas than-seventy-six members can constitute a quorum of the House of Representatives, ner can — less than sixteen members, now that as ‘plu, rallty elects, constitute a quorunt of Senate, wor can elther Houso withoupsn Jegal orgunizatlon formed and without logal officers chosen compel the attendance of absent members, Jt $s the House or Senate, when formed and organized, that has power to compel such attendance, and it s not within, the power of persons who are merely members-elect to doe so. . ‘The attendance may, wnder our Constitution, be compelled by ~sueh — penuities as each Tlouse may provide. Until a legal organization has been effected there {sno Jlouse to provide pennities for such purpose. Until a legal organization ts completed there Js. no officer in elther House lo issne a warrant against absent. members, No such power was committed or intended to be committed into the hands of persons net comprishig and acting as an organized and completed House, It has frequently happened in our own Istory that legislative bodies have been. de- layed days, and sometimes weeks, without being able te complete an orgunization for want of a quorunt,. QUESTION 8, Without a legal organization formed, a legal offlcer chosen by seventy-six members present and voting in the Hous Representatlves and sixteen members present und voting In the ate, ean elther House compel the attendan absent members? Answer--Not if the attention of the House ts enlled to the fact that such persons are ile- gully summoned, and objection is reasonably inade to the counting of such persons for the purpose of making up a quorum, and the Mouse toes not act upon the question of thelr admissibility. By the Constitution, Art. 4, see. 5, “The Senate shall on the first esday of January annually determine who are elected by a plurality of votes to be Senators tn each district”? QUESTIONS 10, 11, AND 12, Can the Governor and Connell legally admifie ister the qualifying fh to members-elect of the House of Kepr and nay vote, us sh enty-three members, both sides: usive, Vv ona motlon to request. the attendance of the Governor and Council for that purpose? Con a valid orzantantion of the Mo mude under the Revised Statutes, Chap. ish, when. 1 the frets ns stated in 10, 8 prote: a entered at the time ‘that no ation Ww nifest on a you nnd nay yote, and notwithstanding that pritest the Clerk re- fused to puta tuction to udj nid the Gove ernor appeared and adoi{nistered the oath? Can the Governor and Council legally admine tater the qualifying onths to membera-ctect of tho Senute when ‘only twenty members, both sides Inclusive, yote on the motion to request their presence’ for that purpose, and of that twenty, elght, though summoned, did not aps pear toby elected by the official’ returns, ete., and were not in fact elected ? Auswer—These three questions, referring to the qualification of members by the ad- intnistration of the requlred oath, may be answered together. By the Constitution, the oath fs to be taken and subseribed in the presence of the Governor and Counell, By Statute RS. C. 2, See. 2, the Clerk of the preeediag House shall preside until the Rep- resentatives-elect “shall be — qualified and elect & Speaker, and If no quorum appear he shall preside, and the Representa- of hus strangling aud: eee tives-eluct present shall adjourn from day to day until a quorum appear and are analitied anda Speaker ts clected.*? Thus it will be seen that, while by statute the Clerk fs to preside until a quorum shail appear and be qualtiied, tt is not provided elther In the Con- stitution or statute that a less munber than #& quorum shall not be ‘qualified. Nar eur a yer and nay vote on motion to request the uttendance of tha Governor and Counell for the purpose of udintnistering the oath be deemed of any importanee. . If the Governor and Counell had appeared without a motion wor a vote, their authority would have been the We therefora answer that qualify- ng oaths - wiler the — Constitution or statute may be administered to members-elect of — elther = branch = in "in joint convention of any numbers, though a quorum must appear and be qualitied before proceeding to an elee- tion of a Speaker, and if the whole number of votes for Speaker {3 Jess than a quorum, aud there Is nothing upon the record to show that n. quorum was present and acting, thera would be no election, QUERTION 18, At what date fn tho yenr 1880 do tho terms of oliice of tho. following State ollicers, elected In January, 2, explre?—the Governor, the Eex- eentive Council, the Secretary of State, the freasurer, Attorney-General, and Adjutant- General. Answer—The Governor's term of office and also that of his Counell expired at midnight following tho first Wednesday of January, 1880, The term of the other ofleers me toned in this question will expire when thelr several successors are elected, as provided in the Constitution, QUESTIONS 14, 24, AND 25, When tho terms of office of the Guyernor and Counell huve expired or tholr olllees vacated, and there is nelther Governor nor Council, ean imembers-clect of Ue Benate und Lanse of Rep- resontat! bo galls qualiied before a mugistrate, appotnted anid eoantalssioned by the Governor, With the ndvice of the Connell, tinder a dedinus potestanitn, by virtue of die Tevised Statutes, Chap. 3, Sees, 86-86, or by nny other provislop of inw.? When the terins of ollie of the Governor aud Counell have expired, the Acting- President of the Benate having refused to quallfy the duly summoned invinbers-cleet, and the acting House of Representatives, mule ip of sixty>two mem bers legally, Munmoned and fourteen others summoned, but not in fact elected, and not appearing tobe cleeted by the oflichil returns under the decision of the Court, refuge to admlt to sents the fourteen members-elect specitiod ortho nine additional me eulent 8p Ju question 19, or the nine additional memberss cleut specified In question 2, or any one of thom, ean the seventy-six ment apecttied by question No. 1, ar tha elghty-flye members specified by ‘question No, 20, utter bofng called to order hy une of tholr members, anda roll of the mombery-clect read, as they appear by tho omlejal returns, be quiiiiiod before a dedhinis Juatice, and this constitute and organize a legal House of Heprosentatives? When the torins of office of the Governor and Counoll bave expired, and: the acting Senate innde up of twelve members legally summoned and eight others: summoned, but not in tet tlveted, and notuppenriig to bo elveted Ly tho Hichtl returnd, under the deciion of the ourt, refuso ta admit to) agate the seven members who were in fict clocted, Mid who ippatred— to ba electod by the official retiras andidleelsions af tho Court, cin the seven members this dented seats, actly, with tho eleven members-eleet, duly auininoned, after bolug culled to order by ony ef their ment bera, and at rollof the oiolal returna aid de fonof the Court read, be quuliticd before a dedimus justice, and thus constitute and ore gunize a legal Sonate ? Answer—To the fourteenth, twenty-fourth, and twenty-lifth questions proposed, we an- awerns follows: Inthe general provisions of the Constitution, Art. 9, certain oaths or allirmations are prescribed for persous elected, appointed, or commissioned to oftlces therein mentioned. It appenrs that those be- fore whom the prescribed oaths were to be administered refused to act, and that now. there is ono existing Governor and Counell before whom they can be admin istered, ‘Tho oath Is preseribed. ‘Cho tors ave tho esseptial. Its binding force deponds upon its tends, not on the magistrate by whom dt Is ndininistered, If there is no Goy- ernor and Councll, or, belug a Governor and Councll, they refuse to adufuiater the oath to ong representative or to all, for there can be a refusal to, all. equally mg to Hane, what ly the result? Is anarchy to trlunph? Can the Goyernment be destroyed or tts actlon paralyzed because thors is no Goyvefnor and Council before whom tho pre- seribed onth ty to bo taken?" We think not. ‘rhe preseribed oath, from the necessity of the case, may be taken before a Magistrate suthorlzed to-administer ouths. ‘She Mem- bensnuist besworn before they enn act, Itis by thelr netion that 0 Governor. ant. Councll thereafter is ta be eveeted and the Govern meut coutinued, It cannot bo presumed that the framers-of tho Constitution had In con templation that tho onth-hnd bettor not be ad- ministered, at. all-than by any othor officer | than the ono desighaféd therein, ‘This’ ty!) tal one of the most: relluble teats by‘ which ta: distinguish» directory from, & mandatory PRICE FIVE provision. (State vs. Malne, 923,) Quart 2s, When the term of one { S.3*hor has expirod Wy Jaw, and no successes SS peon chosen, can tho President of the Send & 7 me Acting Gov- ernor If at his election’ F J ly votes only nro cust for and against hint & @ nexo twenty voles Answer—Our reply ! fifteenth ques- tion isin the negative, one whose only title to the Presidencj-at"thd Senate ts hy virtue of such an election cannot become the acting Governor, because he is not the legal President of the Senate. If of the twenty voting at such choice of President of the Senate eight did not appear to be elected by the official returns under the Constitution” and ‘decision of the Court, aud wero not, in fact, elected, there was ‘then no legal quorum, and could be no valid elec tlon of permanent officers, notwithstanding the eight hind been summoned by the Gov- ernorand Connell, Withoutalegal quonun, and with these eight participating in the pra- ecedings to the exclusion of those rightfully © elected In thelr places, there could be no valld election of President of the Senate to pra- ceed with the organization of the Senate without first determining and declaring its own membership. When atten- . tlon was properly called to the fact | that persons were present and seting without right, and that members were excluded, the Secretary refusing to entertain the motion for the correetlon of the roll, and refusing to allow an appeal from his ruling, and the St rie ate taking no action, although a protest was. made, was Hlegal and void. . ‘ QUESTION 16, Can n tegatly-chosen T'resident of tho Pennie becoine Acting Governor until he hus lemuly quiulified as such in addition to bis qualification as Presilent of the Senate ? Can such qualifying onths bo legnily adminis istered by & President pro, tem. of the Senate the Senate and Honse of Itepresentatlves when less than seventy-six members of the House are present or yoting on n motion to proceed to a Jolnt eonyeution 2 Answers—Under the letter of the Const tution It is at least doubtful whether the President of the Senate is required to take a new outh before exercising the office of overnor when that offize has become vacant + In a manner specified therein. ‘The practice, since the organization of the State, ins, we believe, been uniform against requiring such new oath, and to such: practical Interpreta- tlon of the Constitution, In the absence of express provision or manifest intention to the contrary, we think the effect should be given. To the sixteenth question we reply, that a legaly-chosen Presfient of the Senate may become acting Governdr without the adinine istration of any other qualifying oath than are made up ns “renis| tertion twelvo? that whieh fs taken in the — office of Senator, The | answer to 1a sixteenth question tenders a reply” to seventeenth unnecessary. oe ety QUESTION 18, wre When twelve persons sre “legally olected monibers of the House of Representatives from the five cities of Portland, Lewiston, Roctdand, Bath, and Suco,—and that fact unmistakebly ap; pears on the offleful returns and ly the decision of the Courton tho facts recited inthe state- ment submitted,—have those twelve members- clect the right to take purt In thearmnizati¢n and all subscquent proceedings af the House without a ausunona from. the Governor and. Counell, no other persons holding summonses for the satne sents ¢ ae Answer—To the elxhteenth question wa auswer as follows: It appears -from the: statement of facts that members froin ‘the tive cities of Portland, Lewlston, Rockland, Bath, and Saco were duly elected, a8 well 28, by the returns before the Governor aid; Council. That by law a summons should.of right have been fsetred to them that: in faeb~ no summons was issued, und that -thetr . nanes were not borne on the roll certified = to © the “Tlouse a8. provided by R. 8. W.C. 2, See, 25, A motion was seasonably mde that these members appearing by the returns beforo the House to lave been daly elected, should be pera f- ted to partielpate In Ets organization, but tlie Assistant Clerk refused to put the motion, and to entertain an appeal, By the Constitus tlon the returns were before the House, By those returns the Representatives above: named appeared. to be elected; thelr senate - were not contested. The ~ Governor and Council could ‘not without sLolation of their constitutional duty neglect to Issue to them a summons, nor the Seeretary of State to place thelr names on the certified roll which It was his duty to furnish, ‘The Gov ernor and Council could not legally withhole thelr summonses from these appearing to be elected, ‘They could not order a summons te, some appearing te be eleeted and withhold it from others, If they cowd if would be in thelr power to select: from the members appearhig to he elected (hose who should not take partin the orgaulantion of the House, See. 35, Revised Statutes, Chap. 2, restrle Is the vote to those whose names are borne on the certified roll, ‘The restrie- | tion of the vate to those only whose names are thus borne fs at variance with the Constitutlon In so far as It restricts and permits the action of . the House te those whom tho Governor and Council may select, and not to: those ap- pearing to be chosen, and to those the House may determine members, ‘The twelve mem bers had aright to act In the organization of | + the House. ‘Lhelr election was patent on the Inspection of the returns. ‘The: House in ono way denied = thelr lght. The: question whether - thelr — nimes should be added to the roll was not submitted to its determination, upon the facts set forth, They sppeared to be, and were elected, and It 1s not to be presumed that the House, knowing such -faets, would have prolilbited thelr acting If the C! pennitted the question to be put. ‘These members had the right to take part fn the organization of the Louse until it should otherwisu determine, % question W, -. ' Can tho Housg of Representatives | gunizo or act under a certited roll containing names only, and giving No Repraventutlye to tho five eltles of Portland, Rovkland, Lewlston, Bath, and Baca, undur the facts uk stated Ab F i 4 4 t | Oe ip eae t ery i 4 é ‘ i i ee a eee i ! iealion alyhtecn, without udniitting at once i oy tio twelve uiemibers frum wald witlea ? Answer—The Honse cannot legally organs {zo or net under a certified rall of 189 names ; only, and giving no representation t the tive clues named; provided representatives front the eltles nppenacd and clulinott thelr svate, and the Itouse took no netlon whatever upot tho question of thelr right to partlelpate fiy the organization, thg Clerk refusing to entere tain a mation mado for that purpose .and ro- fusing to entertain an appeul from his ruling thereon, be QUESTION 2, bd : Whon_ persons are legnlly elncted : members of the House from the Representative Districts of Skowhegan and Farmington, and that fuct: wamistakably appears on: the offical returns, and by decision of the Court na recited in tho atntument subinitted for. those districts, havo thosu members-oloct tho right to take part Inthe orgunization and all. subsequent proovedings of the House without a summons, tho persons suinmoned huying returned thelr summonses: and declined tosurve on the ground that thoy were not electod ?* : Answer—To the question we answer in the aflirmative, unless the House has acted upon tho question of’ thelr right ta act ag wembers and determine to the contrary, 7.1.0“. URATION 21 AND 23, atone 7 the cleven mombors duly otected and summoned, and seven othor men) not guts, mmoned, but epncarlurie be clected by the plus. ; rullty of all the votes returned, under re t uiroments of tho Constitution und deulsion of 1 the Court, constitute and organiza wt logal Bou- ‘ ravided aud :elght mombers each rocoived for Sonator a plurulity of lt the votes cust, and the aitieiat rocords ag well us tho re! w “tan -axty-two any summonod ry sti E cluct of tha House of Roprosentatiy: ther with twelve iembers Bot peter the é