MAINE. 



487 



fisheries, the adaptability of the laws to the new con- 

 stitutional amendments, the fixing of a just and fair 

 basis for the coming valuation of all the property in 

 the State, so that taxation may fall justly and fairly 

 upon the people, and such other subjects as may nat- 

 urally and fittingly come before the Legislature. And 

 we desire and hereby give notice to all tlio people of 

 the State that any bodies or collection of men outside 

 of the Legislature here and now duly and legally as- 

 sembled and organized as before mentioned, who may 

 meet in any place, claiming to act as the Legislature 

 of the State of Maine, are wholly without right or au- 

 thority so to act, and are proceeding in violation of 

 the Constitution and the laws of the btate. 



The u Fusionists " made some show of resist- 

 ance, and submitted to the Supreme Court 

 their own statement of facts, with questions 

 as to the legality of the Senate and House as 

 organized, in view of the facts as stated by 

 them. A reply, signed by all the Judges, was 

 rendered on the 27th, with regard to the organi- 

 zation of the Legislature. It says : 



It remains to be considered whether there is a le- 

 gally organized Legislature in existence, entitled to en- 

 act laws that mast be binding upon the people and 

 the courts of the State. The action of those control- 

 ling the proceedings on the first Wednesday of Janu- 

 ary, 1880, has not been acquiesced in by a quorum of 

 those appearing to have been elected to either House. 

 It is a matter of history that after unsuccessful resist- 

 ance to the illegal action of the officers attempting to 

 create the legislative organization on that day, a ma- 

 jority of the persons who appeared to be elected to 

 the two Houses formed an organization of themselves. 

 They refrained from forming an independent organi- 

 zation until the 12th day of January, hoping until 

 then to obtain their rights in some other way. They 

 were forced into such a position by the illegal action 

 of the minority of the members, whose action they 

 were not obliged to submit to, and which they could 

 in no other reasonable manner resist. The organiza- 

 tions made on January 12th were made by a majority 

 of the members appearing to be elected, and having 

 the prima facie right to seats. The point is raised by 

 the statement and questio'ns submitted, that no legal 

 organization could be formed on January 12th, because 

 no notice of the intended action was given to the mi- 

 nority, or non-attending 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 Legisla- 

 ture. It 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 want of no- 

 tice invalidates the organizations of January 12th. 

 There may be irregularities in the manner in which 

 such organizations were formed, but the voice of the 

 people is not, on that account, to be stifled, nor the 

 true government to fail to be maintained. No essen- 

 tial defects anywhere exist, but only such departure 

 from ordinary forms as circumstances compelled. His- 

 tory can never fail to declare the vital tact that the 

 organizations of January the 12th were formed by full 

 quorums of persons appearing by the records and re- 

 turns as duly elected members of either House. 



It can not be that such a construction must be given 

 to the Constitution of the State as will subvert the 

 plain and obvious intention of its framers, or place it 

 in the power of a few men to perpetuate their hold 

 upon the offices in the gift of the people, in defiance 

 Df the will of the voters, constitutionally expressed 

 and ascertained, because their own neglect of _ duty 

 has made some departure from directory provisions 

 and ordinary forms inevitable. 



A legally organized Legislature being now in exist- 

 ence, and exercising its constitutional functions, it fol- 

 lows that no convention of members-elect of either 



House can exist which can be treated as a nucleus for 

 another organization. Two governments are claiming 

 to be in existence as valid and entitled to the obedi- 

 ence of the people. Both can not rightfully exist at 

 the same time ; but one government can be recognized 

 and obeyed. The responsibility and solemn duty are 

 imposed upon us to determine which is entitled to 

 judicial recognition. 



_ We, therefore, after due deliberation and considera- 

 tion of all matters involved, affirm and declare our 

 judgment to be that the Senate, whose presiding offi- 

 cer is the Hon. Joseph A. Locke, and the House of 

 Eepresentatives. whose presiding officer is the Hon. 

 George E. Weeks, constitute the legal and constitu- 

 tional Legislature of the State. 



On the 5th of February a joint order of the 

 two Houses was passed, providing that a com- 

 mittee of three Senators and seven Representa- 

 tives should u examine into the condition of the 

 election returns lately given up to the Secre- 

 tary of State, the warrant and appropriation 

 books, and all other books and papers of the 

 Governor and Council for the year 1879, and 

 extending to the first Wednesday of January, 

 1880, and report to this Legislature what sup- 

 pression or alterations, if any, have been made 

 in said returns, and what means have been re- 

 sorted to for such purposes ; and, also, in what, 

 cases and in what manner the will of the peo- 

 ple, as shown in the last annual election, has 

 been disregarded and attempted to be defeated, 

 either by illegal construction of said returns, 

 or changing or tampering with them, or by 

 whom the same has been done, or attempted 

 to be done." The committee was further or- 

 dered to report upon all "undue and illegal 

 expenditure of the money of the State by or 

 under the direction of the Governor and Coun- 

 cil for the period before mentioned, or by any 

 officer of the State, or by any employee of or 

 contractor with the State during said time." 



The report of the investigating committee 

 was made on the 18th of March. It gives an 

 extended summary of the evidence taken, and 

 enters into a discussion of the facts at some 

 length. The conclusion of the report is as 

 follows : 



Your committee present to the Legislature all the 

 testimony which has been taken up to the present 

 time, and ask that it may be printed, as well as this 

 report. 



This testimony, in the judgment of your commit- 

 tee, justifies the following conclusions : 



The returns from the cities, towns, and plantations 

 in the State were, contrary to usage, kept by the Gov- 

 ernor and Council from all inspection or scrutiny by 

 candidates 2 their counsel, or any parties legitimately 

 interested in them. 



During such time as the returns were so kept, many 

 alterations, erasures, and forgeries were made upon 

 them, for the purpose of changing the result; and, in 

 all cases which have been discovered ; such improper 

 treatment of the returns resulted against Eepuolican 

 candidates, and in favor of the Fusion candidates. 



During the same time, from information which must 

 in nearly all cases have come from the officials who 

 were examining and tabulating the returns, or who 

 had the custody of them, defects in Fusion towns were 

 being cured by substituting new and correct returns, 

 or by affidavits taken ex pnrte for the purpose of cur- 

 ing such defects. In addition to this, and by reason 

 of information furnished in the manner stated, affi- 



