Indiana State Sentinel, Volume 28, Number 1, Indianapolis, Marion County, 7 January 1880 — Page 1

YOL. XXYni. NO 1. INDIANAPOLIS, WEDNESDAY, JANUARY 7, 18S0-WITH SUPPLEMENT. WHOLE NO. 1510.

GENERAL TELEGRAMS.

1 HE MAINE JirUDLE, Decision of the Snpmue Court ami Other Muttern. Bcvros. ?an. 3. Special dispatches from Augusta s;iy that rumors are prevailing in some of the counties that certificates of election have been Issued in blank bearing the neal of the secretary of state and given Republican members who have bsen counted out. Appended to th certificates are the words, 'You will beprotecied." LOOKI.Vr OB THK JVVr.Zi Ori5IOJf OTHER MATTERS. Acgcsta, Jan. 3, The opinion of the Judges oa the rjuetitions submitted by Governor Garcelon is expected to be promulgate J at Uangor to day. There are Intimations that the opinion will be full and sweeping covering most of the points at issue. The Republican re hig!.!y elated, and are looking for a wt ping Indorsement of the ßepubllcan position, and tbat it will give them control of the. Legislature beyond a doubt. The opposition appear to be depressed correspondinly, tbou2h they can not give any certain or substantial leason for the depression. They say that the Legislature will be duly and promptly organized on Wednesday by the appearance of certificated members, and legislatlon wLl promptly proceed, not withstand, ins the ast of the Rupub'l"-aris that no luoru-) will be present. Four fusion members have already indicated that they will no' Hccept their certificates. Eugene Hale and Stephen D. Lindsey, memoers 01 Congress, tatne here this lore-soon. Lindsey expresses the opinion that the counting out will no: succeed, and that the membew will do justie to tüose who have been deprived of their seat-. It 1 known that no oltiaal orders were eer issued for tbe employment of armed r. lice at tbe Htate House. Most of tbe Ktate officials say that they disapprove of the act. Few members elect are here. More will iue by Itiv night ti.iin. MILL SOT ACCE1T. Fak.hin.jton. Me., Jau. 3, Louis Voter, 'Democrat, counted in by the Fusionlsts, as representative, baa returned his certificate to the govt-rLor, believing that the reason given lor ili- oMraochisemeat of KariniuKtou is not suflicieEt to justify his acceptance of the position. THE IX5CI3ION Or THK SITREME COL"RT. Baxi.'I- Me., Jan. 3. The following Is the oSicial tt.t of the unanimous opinions of the supreme judicial court, finished and signed this atter oou in answer to the questions submitted by the governar. Basgou, Jan. 3., 1SS0. To Hon. Alonzo Garcelon, Governor of Maine. Tiie undersigned, justice- of the supreme judicial i-.urt,liaYeihe honor to submit tbe following answers to tbe cjuestlons proposed: question 1. When the governor and coun-. cil decided that there is no return from a city, on whicr. representatives cau b summoned to attend and take their seats in tbe Legislature, Is it his own duty to order a new election, or is it eoinp'-'.ent for the House of Representatives, If it sha.I appear then was an election of sucli representatives, in fact, to admit them to seats, ttough no return thereof was made and delivered into the ollice of the secretary of mate? Answer No authority Is given to the goveriior and council, when there is no return, to order a new election when the seat of a representative a is been vacated by death, resignation or otherwise. Piovision Is m'.'de by ft. 8. CI. sfcs. JS. 41, 47, for the iiUlngof existing vacancies. Bv these provisions, whenever a munii-lj olUccr therein mentiontd by any means has knowledge by death ol Ite representative elect or of a xncr nry caused In any othr way, it Is t:-r r duty to order a new election. If it appe;.rs to the House of Representatives theie was an election of representatives In fact they .i ou Id admit them to their seats, though iio return thereof was made to th secretary of state. A reprerentatlve is not to be deprived o! his rights ;because municipal ofHCers have neglected their duty, juest.or. 2. Is it competent for the governor ana ' runcil to allow the substitution of other ev.Jence in the place of the n-turm-d copies o: .vuch list, as are provided for m ai tide tour, i art first, section five of the constitution, Uj enable tbera to determine what persons apj- far to be elected representatives to the j. e:;. mature oy plurality ol an votes returned : f Aoswe- This refers to the substitution antüorl.'.sd by the act of 177. The constitution calls for are.uru that is regular in the essential form-, and which trulv represems ihe tacts to be described by it. But much of the couMltntlonal requirement is a directory merely. It does not aim at depriving the people of toe'.r right of suffrage or of their right of repre'iitatiou for formal errors, but aims at avoiding such a result. Where the coostit tit loc aI lequirement iias not been fully, or been defectively executed by town ollicers, it is I:, aid of constitutional provision to supply omission or deficiency as nearly and as correctly a may be. .Such is the purpose of the fctatr.te. It 1 competent lor the governor and council to allow an erroneous return or one that Is Informal or defective, to be aided aud corrected by an attested copy of the record, as by the ctatute, provided the object of toe constitutional provisions respecting elections is to famish as many safeguards as may be, agvtii-t lullure, either through fraud or mistake, correctly to ascertain and declare ti.-J will of the , people as express in tbe choic-' of their orhcers .n .1 legislators. Hence, thut the requirement mat not only shall returns be maue on the spot :u open town meetings hat a record of the vole snail be made at the ame time and authenticated. In a like manner, if by accident or wilful neglect there is an error or omission in a return, what can be safer than to refer- to a duplicate statement, and bv tbe record to correct it. This, the statute of 1S77, C t2, aljows it be done, and while the language Is permissive, It falls within the" well-known legal rule, that when public riibts are concerned it hha:l be construed as mandatory, a command clothed In the language of couttesy, so clothed becan-e it couUt not be doubted that high and honorauie orficials would unbefcitatingly avail tbemw ives A all lawful means to deciare the result of the election according to the actual tacts. In obedience to the fundamental prln-clple.-o:" popular government, the governor and council are bound by the statute, It is mandatory upon them, it imposes a duty to the pucli; that must be performed. Whether the act referred to contravenes the constitution in allowing oral evldence to be received to show the Intention of voters In casting their votes, is another part of the statute which we are now called upon to consider. If unconstitutional in the latter r'sp'Ct tr.at would not affect the constitutionality oi other separate and independent provision. ijuestion i Is a return signed by less than a insjor.ty of the selectmen of a town, or aldermen of a city, valid within the requirements of the same section? Answer To this question we answer that, while a town may legally elect as many as seven lectmen, tbe well-known practice Is to elect or.Iy three, and In such cases a return, to be valid, must be signed by a majority of them, because by no possibility can a less number constitnte legal quorum; but tne rule Is otherwise with respect to aldermen of cities. Most of our cities are required by law to have as many as seven aldermen, and none of tbera we believe, has less than five. To coustUuta a Quorum, it Ls only necessary to hav a majority of the whole number present, an'i when auch quorum is present majori! v of the quorum may do business. .Supposing tba number to be seven, four would constitute a legal quorum, and three being a xn.Joritv that of quorum could legaliy ct, although the fourth should refuse to Join them, or should oppose their actloa. Conse.queutlv if a return from a city having five or neven aldermen is signed by three of them, It may be a valid and legal return, because only four may have been present, and In sucn eise three . being a majority of those prefetit.ttpy could legally act, although the fourth should oppose their actloa and refuse to join them. When such return ls laid before the governor aud council tm y can not know, and they have no ngnt to assume, that the return ls not valid. It is the duty of the aldermen to be In session and examine the ward returns, compare and declare tt votes, and of the clerk to make a record lliieof Irou that record-, a certtned ecpy of which U returned. The law presumes that a quorum of aldermen was present. The law wuu respect to a quorum and majorities Ut correctly staled In 5 baue's Abridgement, liO, and 1 lnUon's Municipal Corporationa, ueclions 216 and 217. la t. iwttpr work It Is said bodies composed n o .i.HmiA number act bv majorities, pro vided those present constitute a majority of thewrole nutuoer ; or, u iuuot,,i.An- if abodr consists of liconncllmen seven is the least number that can constitute - ..im mifinir. thouen, four of the seven may act: and, so far as we are Informed, the law Is so stated in substance by ail ancient and mod

ern aatuoTltlee. i.ae riue appnca.ojefco.uuu

esses ls similar to th it which applies to our

House of itepresentatlves. The wnoie number of representatives established by the law is 151. A majority that is, 78 members constitutes a quorum to do business. If there Is actually that number present, and a majority of them that Is 3a members vote in the affirmative, valid law can thereby be enacted or other business transacted. If less than 76 members are present, then no business can be done except to adjourn or compel tbe attendance of the absent members. This ls familiar, and illustrates the principle applicable to aldermen of cities, and shows how and why a return, signed by less than a majority of the whole number, may be, and so far as the governor and council are concerned, ls conclusively persumed to be valid. They have no right to go behind the returns. Question 4 Is a return by aldermen of a city, which does not give the number of votes for each person voted for as a member of the Igtslalure, and does not show what persons were voted for as such members In any one of the several wards of such city, a valid return within the requirements of the same section? Answer We are not sure that we comprehend the full scope of this question. Our answer will meet all of its Bupposed purposes It ls Immaterial whether the aldermen returned to the governor nod council a detailed vote of each ward separately, or whether they returned theresuit of all votes of all wards for each candidste together. Either mode is a satisfactory way of reaching the same resuft. The substance only ls sought for in such matters. Tor is It a material matter that instead or returning all names of persons voted for t here ls a return of the votes as scattering, provided that, how ever, such voles may be added or subtracted some candidate or set of candidates appear to be chosen by plurality of votes shown the governor and council can not officially know, nor have they a right to jvcertAln that the votes returned as scattering were not actual ballots, with the word scattering written thereon, nor Is the election of a can didate to be chosen by plurality of votes to be deteaieu, because the whole number or voies or ballots may be stated erroneously, or not stated at all. Ihe constitution contains no such requirement, aud tbe statutory provlH'ou requiring It is entirely unimportant and inapplicable to cases wheie the authority of votf s electa It ls a well settled rule of const ruction, tnat where the general terms of tbe statute embraces several subjects, but are foutid to lie practically applicable to some cf theRubjecs and not to others, it, is tobe construed aa embracing those nubjtcts only to wnicn it is practicably applicable-. Question o Are returns from 'owns or cities which are not altested by the town or city clerk valid within the same section? Answer Returns from towns and cities, which aie xot attested by town, plantation or city clerk, are not valid. The attestation of a city clerk is prerequisite to any action of the governor and council in counting votes. (B8 .Maine, of-s.i If, however, the cieiK should be absent, a clerk pro tempore may be chosen.or adeputy cierk may he appointed under the statute of 1S77, C. 17, and amendment thereof, by act or H, U. lo. Returns ol such clerk pro tempore or deputy clerk are to have the same force and effect as It signed by the clerk. Question Have the governor and council a right to reject the returns of the election of members of the Legislature required by the same section from officers of towns which were not madj. signed or scaled np In open town meeting? Answer The governor and council must act npon the returns forwarded to the secretary of slate. If tbf j' purport to ie made, signed and sealed up in oen plantation or town meeting, they constitute a basis of action oi the cauv ass 1 rii; bijard. ro provision is found in the const i union or In auy statute of this istate by virtue of which they would be authorized to receive evidence to negative the facts therein set forth. They theiefore have no such power. The statement of municipal officers ls. In that respect, conclnsive. Question 4 is the return or two persons purporting to be selectmen of a town, valid and sufficient evidence of the vote of the town, when It appears there were at the time of meeting at which the election was had but two selectmen ol ttiat town? Answer When a majority of the selectmen am absent from a meeting lor election pur poses, or being present, neglect or refuse to act as such, and to do all dutUs required of them, the voters at such meeting may choose bo runny selectmen pro tempore as are necessary to complete ttie number competent to do the duties. S. C. 4, section)) In the case of death or removal of all selectmen, two wouiu oe surucieui ana competent to act,, me inquiry is it the return would be valid when there should be but two selectmen at the time of tbe meeting at which the election was held. If oth er selectmen naa deceased prior to the meeting the survivors might act, and their hc Jon would belexal, but the canvassing hoard are to be aoverned by the returns: evi dence would not be admissable to prove the fact that there were but two selectmen of a lown; tbo governor aud council cannot of ficially know there are only two. Question H Can a person who lsnotacitireu ef the United states at the time be legally elected or constituted selectman of a town? Answer A person not a citizen may be elected or constituted a selectman so thai his official sets bind the town and are valid. Ho far afiects the public, such a one would be an offieer defacto and clothed with apparent ruht, his acts weuia ii cd tne town, iimne vs. Derley, 54 Maine, An officer defacto lsone wiiocoins lntocfllce by the eolorof legal appointment or election. Ills acts. In that capacity, are as valid, as far as the public is concerned, as tbe acta of an officer de Jure. His title can not be inquired into collaterally. The people vs. Cook. 4 Seiden, K). The precise definition of an officer de facto, observes lligelow, C J., in 1 1 ten burg Railroad company vs. Grand Junction and Depot company, 1 Allen, 557, lsone who comes in by forms of law and acts under commission or election apparently valid, but la consequence ot some illegality, incapacity or want oi quauncaiion ls incapable of holding office. Indeed, there ls an entire unanimity of opinion on this subject in all the States of tne Union where ILis subject has arisen, as well as In the courts of the United States, but the lact of alienage ls not allowed to be pioved. This van determined in the Frenehvlllecase (til Maine, 5shi, where It was shown that tbe clerk was an alien who could neither read nor wiite the English laugnaze, and where almost every conceivable irregularity existed : yet ev idence outside ot toe returns was neiu luaurn Usable, nor would sncu fact nave auy effect If It appeared in any of the returns Itself. Question y If the bal'ot has a distinguish. Ina mark in the judgment of the governor and council, such as would make it illegal under the statutes, have tbey the authority to disregard it in their assortment of what persons appear to beeiecM, wnere u appears, by official returns of officers of town, such vote was received by selectmen, subject to their objection, and its legality referred to governor and council for decision ? Answer The presiding officers are to determine whether tne ballot offered has a distinguishing mark or figure sotbat If reject d the voter may procure the ballot if he choose, to which no exception can be taken, but if the ballots have distinguishing marks or figures, it is no part of the duty of the officials of the town to make any report or reference thereto. They should reject the ballot. If ottered, where it is within prohibition of statute. The statute prohibits the rejection of a ballot after it ls received luto the box.. It is there to be counted, the governor and council having nothing to do with the question. Their duty ls to count the vote, regardless of the fact Improperly set forth in the returns: they are no where constituted a tribunal witb Judiciary authority to ii-termlne what shall constitute a distinguishing mark or fix u re, nor can they legally refuse to open and count the vo'es returned. 4 Maine, 60) When a ba'lot has been ouee received in a ballot box, neither the selectmen nor governor and council can refne to count It. Question UJ If the names of the persons appear In a return without any number of votes being stated or carried out against them, either in words or figures, ls It the duty of the governor and council to treat these persons as having the same number of votes as another person received for the same office, and where the name ls placed first In the retarn, if they find dots under tbe figures or words s-t agaiiiktsuch ether person's name? Answer Alien ditto marks or dots are placed under Azures or words ot the first candidate's votes, the return should be counted; where It appears by letters or figures in the first line, and by ditto marks or by dots In th following linen, that same clasa of candidates received some vote. There can be no ground for rejection. The word ditto and its abbreviation to, do. and Cots or marks that stand for the word ditto, are of common rise. and have a perfectly well defined meaning known to persons generally. That meaning should not te disregarded. "We answer the question in Ute afllrraative. Question 11. Have the governor and coun ell a legal rlzht to decide what kind ot evl dence they will receive, anl what mode nf rroMedlnfir - before them shall be to enable them to determine the genuineness

of returns required by the article and section

or the constitution above mentioned. Answer We assume that tbe genuineness of the return referred to relates to the signatures or tne omcers signing, or to alterations of the returns. The governor and council nave do power to reject returns on either grounds unlevs an objection In writing is presented to them, setting forth that the signatures or sucn officers or some one of them are not genuine, or that a return has been al tered after it was signed. Then notice thereof should be given to all persons Interested, and when adjudicating upon the facts the governor and council should be governed in the admission of evidence by tbe established rules of evidence. In accordance with the law of this State, the witnesses fhould be duly sworn, that they may be punishable for the crime oi". perjury if they wilfully and corruptly testify falsely, the governor and council have no right to reject re urns for such cause without giving the parties interested therein a fair opportunity to be heard. The genuineness of returns in these particulars is to be presumed, and this presumption remains until overcome by evidence procure 1 as beroresaid. Question 12 -If the governor and council have before them two lists of votes returned from the same town, differing materially from eich other in the number of votes returned as cast lor the same per sols, but identical In all other respects, both having been duly received at the secretary's office. and they have no evidence to enable them to determine which Is tte true aod genuine returns are they required to tieat either of them as valid? Answer "When two lists of votes are re turned to the office of the secretary of state, the clerk of any town or city, and both only certified return first received at the office of the secretary, must t on the bsis of action of the governor and council. If detective, or not ihetrue copy of the record, it can be corrected or de fects supplied only in accordance with the provisions of the statute relatins thereto. The Governor Firm as a Hock. Watehvillr, Me.. Jan. 3. The Town Hall wa filled to its utmost capacity at the "Law aud Order" meeting to night. Governor Uarcelon said : I stand before you tbe most abused man in tbe United States. I am not here to apologize or ask your parJou, but simply to call your attention to the constitution ana .aw, and n in any respect 1 or my council nave violated that law. you have your remedy. You nay that majority rule ls the central principle of our governmental system; but should not that majority be expressed in a leraianu con stitutional manner? You are all aware that at tbe late election every effort was made on both sfdes to secure the mnjority, and that the r usion party had a ma orliv of .UtJU votes, l ctiaiienee any mau. 1 do not care how ardent a Republican or rabid a Democrat, to take the returns, and if there is an instance where we have not applied the same rule tn friend or loe, then you can con demn ns. I 11 nd tabulated returns where lit towns have been rejected $2 were Republican, 0 Democratic and two a tie. Does this look like a conspiracy? Does it look as if the rule hd not Deen appnea properly 7 I Jef erring to tr.s City oi Lewiston, the gov ernor sa'd no one doubted, the voice of the peo ple: that he knew his own city was largely Republican, but it was a question of law Willi them. It does seem an outrage that those who appear to be elected were rejected; but there I the law and th constitution on tbe other baud which must be respected. Itut you, my friends, condemn us because we do not think it right to go behind the returns. I nsk you to consider, what would lecoine or our republican form of government if ite men you choose to office shou'd create lsws aud a constitution to snit their own partisan feelings? 8o great has been the ezeiten-ent I have called upon the supreme court to decide questions which have been decide! for 15 years; and when that decision is rendered I hope the people will besa'i-iied. The governor closed oy advising nis Hearers to examine the facts and look at the case cslinfy, and that they wou'd find that the governor aud council were not such terribly bad men after all. Resolutions were then ren ratifying and sanctioning the course of th governor and council. THE DECISION' OF THE SfPREME COfKT DISCCSSED WHAT WILL BE POXg. Augusta. Jan. 4. The decision of the su preme court lias been discussed freely by crowds upon the streets and at the hotels and elsewhere to-day. The Republicans are great ly excited and jubilant, and regard it as a consummate triumph for their cause. The opinion is freely expressed in the best informed cire'es. that opposition can not stand up and defy the court. It is the opinion of the leading Republicans that the grvernor can do no les than cancel the cer tificates issued to persons i.jl elected, according te the decision of too jurt. Tne Fuslon-1-ts have no definite plan matured, aud it will be difficult to develope any to night, as not more than 0 members are pres ent in the city. The number present is about the ssme as in ordinary years when nothing unusual was pendimr. A few Demo crats ,say the ' governor hud no business to snbml. the questions to the court. and that he had done his work according to the constitution and laws, and should have rested ills case there. A leading Democrat says that Garcelon belittled himself by taking any notice of Morrill's letter, he had completed his work and that ougnt to have been the end of it. A. V. Black, a leading Ureenoacaer, says tue court went out of its way to answer questions not put to It. Colonel William Dlcsey, member of the Legislature, says the decision of court will hsve no effect upon the organizstion of the Is irtslature. as toe certlncvtes tiave already been issued. This Is understood to be the Position l'lllsbory win take in me stand ard to morrow morning Others say theopinh.n of tbe court ls a f arce, and will be replied to. word for word. Thieo counted in members have already declared that they will not participate, and it is thought that the opinion of the court will have effect upon other certificated members to tbe same end. as there ls not a pingie case of the 37 that his decision does not fully cover. Hons. James U. Talbot, of Washington, aud Isaac- T. Hobson, of Lincoln, tne counted-in senators. have already stated tnat tney would not accept seats should the decision of the court be against them. Lawyers sa3' If this opinion ls disregarded, it wld be the first instance of the kind In the history of Maine. It has b-en ascertained that tht execu tive department, in raoietbau 50 cases since Maine was a täte lias asuea tne juugmem oi the supreme judicial courton important questions of law, and never in a single instance has it been disregarded. D. Parker, a member of the governor's council.defended h Is position in this matter, and says ne actea conscientiously and honet!y. He has. not read the opinion carefully, and could not elve an opinion as to the result. Tbe secretary of the state government says he ls not sufficiently familiar with the law to say whether the governor anu couucii could rdvlew their action. The Situation Growing Very Interesting A Stroii); Guard Maintained at the State House. ArnusTA. Me.. Jan. 5. The governor and council held no sessions for business to day. but have been In consultation in regard to the course to be pursued. Guard is still maintained at the State House, with some 2D0 men. In a room opposite tbe agricultural room there are W stand of arms stacked .ready for im mediate use. The eye of the guard ls kept upon all entering, passing through or leaving the building. Although every train is bearing crowds into the city, there has been perfect order. The mayor has 2üU extra policemen on duty. Neither side has absolutely determined upon a course which is not subject to radical amendment. Tbl much may be said, however, that the Fusionlsts deem it all important that they shouid have a quorum, and are resorting to all possible means to bring about this result. This r.fternoou a deputy .was dispatched across the country to Fannlnuton to endeavor to persuade MrVoter, who has publicly refused to accept a certificate, to att-ad the session tomorrow. Mr. Sproul. of Portland, In his own behalf and that of his collfague, will ask of tbe Governor and council certificates as member of the legislature, undur tbe decision of the Judges. Captain Goss, of Bath, and the Republican memrxTS eitct, irom nve aisfranchlsed cities, will ask for the same right. They claim that whatever may be done with towns. cae of cities is clear and unmis takable. Every Republican deprived of his seat is either here or will be here, and at the present moment but five Fuslonlsts can be tOQtiwu on wuu wiu it la reported that telegrams have been re eleved in large numbers from Democrats beTnnd the Htate. uralnw- submission to tbe opin ion of tbe supreme court. Major General Chamberlain came to the city last evening, . . fc k. MAHAv. fan'.la. being Buramoueu uy mo tu ' cl a

tive caucuses will be held to-morrow evening. The Republicans will probaMy nominate James A. Lock, of Cumberland, for president of the Senate, and George E. .Weeks, of Augusta, for speaker of the House of Fuslonlsts. Prominent candidate for president are James K. Talbot, of Washington, and for speaker Thomas M. Palsted, of Lincoln. The Republican members elect held a meeting for consultation this evening, which was largely uttended.and the feeling was confidently expressed that the verdict of the court made them masters of the s. 'nation, and that a sufficient number of those certified but not elected will refuse to act to prevent a quorum assembling until the rightful members are admitted to their seats. The following committee was appointed on the future line of action: Locke of Cumber

land, and Coombs of II;ncock, of the Senate; and Hale of KUsworth. Young of Bi uns wicks, and Weeks of Augusta, of the House. The following resolution was unanimously pased: itesolved. That the committee on orlerof business, Just appointed, at e hereby instructed to call upon Governor Garcelon at the earliest practicable moment to insist that the urraed men and munitions of war new in tbe state House shall be piomptly xemoved, in order that a free Legislature of a free people may meet, as they always have met In the State of Maine, under protection and not under lntimidxtiou of foics. Following is the petition to be presented to the governor and council to-morrow by the Portland Republicans elect: To the Honorable Governor and Council ol the State of Maine: The undersigned, representatives e'ect from the city of Portland, respectfully represent that they have net received a summons to attendant! take their seats in the House of Representatives, which is to assemble ou the flrt Wednesday of January, ISSo, although they have been legally e.ected thereto. They tüere'ore pray that Mich summons as required by law may be issued to each of them, and their several names and places of residence may be reported to the secretary of state as such representatives elect, In order that the same may oe included Ire a certified roll to be furnished the clerk of the preceding House of Representatives, required Dy statutes in sucn case made and provided. (blgned) Almox A. Strout, " lUi.LI.sMAF.V, SAML'EL a. Tkuk, Nathax K. IUdlox, Bykh.n U. Vikrkll A petition from Bath for the seating of Cap tain Guyce Goss will be of the same tenor. It lias been stated, on good authority, that the f uslonlsts claim toat i'f Isaquorum In the House, on the ground that but l& were countel in. Tne Republicans have issued circulars declaring that the position is not legal, and is attainst ihe recent decision of the court. Tuey statu that the Fuslonlsts will endeavor to compel an attendance of members sufficient to make a quoin m, but that a whole House, when fully organized, has no power to semi for a Republicau-elcct until he is sworn in. Governor Garcelon slates that the decision of the court will not change his attltuda toward the Incoming legislature. The points iu the opinion might serve as a guide In future, but his work had been per formed under tne constitution sua statutes as he understood them, and he should neither withdraw the certificates or lsue new ones. Heieand there maybe lound a dissenting voice to this position ot the governor, but In thn raain it has the approval if the mass of r unionists. A. caucus ot r usloiusts was neld this evenluK. coutluutng to a late hour, pre sided over by F. W.Hill, ol Exeter, (counted in member). Speeches were tuade on the condition of affairs, proclaiming adhesion to the constitution and laws as they uuderstooJ them. Tley held lu respect the opinion of the court, and should it be lound that they were lu a majority in the Lfglstatur, it shodld not be understood that they wonld Ignore tue rights of the minority. Tbe meeting was harmonious. A determination whs tx resed to go forward aud orgtnlza the Legislature according to the certificates issued. The members of the council report that within two weeks Judge Libbey nated to the governor, m tue pres ence of members, of the Council, that tbe returns signed by less than a majoiity of tbo .Board ot Aldermen could not be counted, and if 6e law of 77 was constitu tional the returns could not be counted. Judge Libby denies this. General Chamberlain was summoied to consult with t?ie gov ernor iu regard to the necessity of employing a military force on Wednesday. It was decided that no such force was needed, but that the police would be sufficient to preserve order. Admission to the State House tin Wednesday will be tickets issued f cert! Heated members. contestants. State officers, heads of departments, reporters, etc. Pillsbury lsout in the Standard denouncing the opinion of the court as partisan, and urg lug the members couuted in to stand for their lights and not ba bulldozed. Condition of the Negro Emigrant in Kansas. Topeka. Kan., Dec. SI. A staff correspond ent of the Chicago Inter-Ocean, who has been making an investigation of the exodus in Kansas durloa four weeks' travel through the state, writes a letter from here giving his conclusions. He estimates the number of refugees in the State at 15.C0J. Of these he tbiuks probably oue-tlfih wer able to buy a little laud, and are making good progress in farming. Most of tbe balauce have found, through the Freedman's Relief association, places as laborers, and are giving good satisfaction, aud in no county did he lind them applientes or burdens upon th? corporated charities, but tbe demand lor these laborers has been stretched to its fullest capacity as the accumulation of the refugees at the barracks now is uearly 7U0, for whom no place can befound. Judging from what he has learned from tbe refugees themselves, and from the increasing number. now Irom to a), arriving every flay, tne Inter-Oceau representative predicts that the movement to Kansas will soon assume such proportions again as to astonish the country, aud unless the tide can be turned, or the charity or the rsortn more readily bestowed, that the suffering which the relief committee, although laboring falthtally with the means at their command, has not been entirely tb e to relieve during the recent cold weather, will soon te turned to general destitution acd great suffering among the pauper refugees. Terrible Explosion in a Celluloid MaimfacI tory. Newark. N.J.. Jan. 5. A terrible explosion look place about 11 o'clock this morning in tbe converting room of the Celluloid Manufactur ing company, at Terry aud Ashbrkie streets. by which türe men were instantly Killed and two others so burned that they can Dot sur vive. The workman were in their accustomed places when, from some unknown cause a mass of celluloid, which is a highly infianmable material, suddenly exploded, destroying a one-story crick building with all its contents. Wllllam'Fenter, aged 15, was killed. Ills body was found in the ruins and pre sen ted a ghastly spectacle. Under this body were the disfigured remains of Frederick Stile, of Rosette, so charred it was scarcely recognisable. John Yates, residence unknown, was also killed. Srxihcer At wood died in 10 minutes from concussion of the brain. Elmer Itogart, of 54 Blum street, and Fredeiick Pierce, ol Pacific street, were feai fully burned, aud taken to a hospital. There is no hope of their recovery, stepcen waae, or tspnngtieia avenue, was severely but not dangerously in tured. Lossou tbe building and contents is estimated at tiu.uuu; insured, ine manager says the explosion probably occurred from gas at the machine run by Fred Stile, who was killed. Tbe machine was used forjmlxing aod rtrlndlnn material. 1 here is still another victim who can rot recover Mr. Uloom he haying inhaled flame. Mare Negro Emigrant for Indiana. Petersburg. Va.. Dec. 30. One hundred and seventeen colored emigrants from Goldsboro, !i O., arrived this morning, en route Tor Indianapolis, via Washington. They are men, women and cbildren. uuder charge of the general passenr agent ot the Baltimore and Ohio railroad, öeveral hundred more are to follow. Indorsing the Action of the Governor of Maine. Ran Francisco, Deo. 31. A telegram signed by a number ot Democrats was sent to-day to IUC t,l'iri UUl Ot 1 W ll v. , lliuwi Jup, mil H,UUU on behalf of the Democracy of San Francisco. The signatures Include, no prominent men of the Democratic parly. . Death of United Stales Senator Houston. ' Mo!toom eky, Ata., Dec. 31. Hon. George 8. Houston, Culled Stales senator for this State, died at his home at Athens, this morning. Tbe capltol offices are all closed In rec.pect to bis memory. George Cobb and many prominent citizens will go to Athena to tuteud the funeral services next Friday.

SENTINEL SPECIALS.

GRKEXCASTLE. Immigrants Dying:. Special to the SenUnel: Gbeencastle, Ind., Jan. 3. A gentleman from La Grange, North Carolina, visited our city this week, and revealed the "true Inwardness" of the exodus movement. La Grange is in the center of the district from which the black tide ls ponrlng. ' He fully corroborates tbe statements already publishei as to Perry's and Williams connection with the movement, and the money It is putting Into their pockets. They get so much per head for each negro brought into the State, besides a bonus from the railroad company transporting them. The agents contract to deliver them in the city of Indianapolis, after which the Republican managers assign them to those counties where they will do the most good. He says that the black tide htsn't yet begun to flow; that the negroes are like sheep, and once started there ls no stopping thern ; and that with the opening of spring the roads to this 8tate will be black with the poor deluded creatures. He came here in responfe to a piteous appeal from one of the immigrants wbo left his employ to come here, but having "seen the elephant," was anxious to get back. All with whom be talked told the same story. The North Carolinian represented himself to your correspondent as a Republican, and impressed him as :fSnan of intelligence and veracity. Two more of the negroes have died since reachins this county, making four in all. SHEI.BVVILLh. Damage by the Flood Mr. Rihwon's Tv mains. Special te the Sentinel: Shelbyvillk, Ind., Jan. 5. All the water courses of this county are at flood tide in consequence of the recent long con tiu tied rains, and are still rising. Much damage has been done to the fencing and other property along the banks of the principal streams. A great deal of corn, left in the fields, has been swept away or seriously injured. Many of the cellars In the lower portion of this city are filled with water, occasioning much inconvenience and injury to property. The remains of Mrs. Lynn to. Rrlnson, daughter of Joseph L. Mart., of this city, reached here from Ksnsas this evening, and will be interred to-morrow. GREEN SP. URG. Heavy Rains Negro Immigrants Exacted. Special to the SenUnel: (iREENSBi-RO, Ind., Jan. 5. It baa been rainin here since Siturday night, and the farmers are complaining of great damage being done by high water. Along Sand creek and Muddy forks tbe fences have been washed away for several miles, and several small bridges have been washed away. The bottom lands along these creeks are covered with water. Several car loads of negroes are expected here some time this week. If such be true. we can not see what they will find to do, as the Republicans of this county are unable to give tne white members of the party employ ment at the present time. OII'.EXSVILLE. liold Had lliirglar. Special to the Sentinel: 0ueensville, Ind., Jan. 5. A gang of barglars broke into Ed Parker's store last night. and robbed it of goods to the amount of upward of 8300. No clue to the thieves, but evidence sufficient was found to indicate that it was the work ot North Vernon cracksmen. SPRING FIELD, OHIO. Killed liy Falling From a Bridge. Special to the Sentinel: Spkingkield, U.t Jan. 5. xesterday afternoon John liibh, while uuder the influence of liquor, fell from the Liberty street bridge, striding on his head some 15 feet below, caus ing his death a few hours afterward. He leaves a family of two children. NORTH VEKNOX. . Crushed ly the Cur. Special to the Sentinel : North Vkrnon, Ind., Jan. 5. This morning while Henry Brüning, a brakeman on the O. and M., was coupling car at this point, be was caught between two cars with defective 'bumpers" and his ribs and chest were so badly crushed that his lire is d-sspalred of. He was taken to a bor e nearby and everything possible wat done fur him. At this writing he is alive, but ls suffeilng terribly. His physicians are of Ihe opinion that If his lungs are not damaged he will recover. INTO THE JAWS OF DEATH. A Disastrous Fire, Resulting in the Roasting Alive of Several Persons. With 2 Number Injured. New York, Jan. 5. A fire broke out this morning lu the basement of Turner Hail, East Fourth street, occupied by William Winkle as a bsll room, and when the flames were extinguished William Glib, 10 years; Louis Schmidt, oi; Henry Gepwller, 'It. andTerresa Eihart, 25, were found on the top floor dead. Winkle and wife were badly burned and sent to the hosEltal. Annte Bauer received internal injuries y Jumping from a fourth-story wiudow, and was badly burned about tbe hands and face. An unknown woman hsd both legs broken by Jumping from the top floor. Damage to building and stock, 112,010. The progress of the fire was so great it was hardly five minutes after the first engine company arrived betöre the entire inside premises seemed to be alive with flame, tongues of which ran up the woodwork with a speed which put to naught the first efforts of the firemen. The premises Nos. tkJ and ba were occupied by the Turner Hall pioner, and in the upper stories of M William Winkle, proprietor, resided wit li bis family and several employes. As soon as the firemen could reach the roof they cut holes in it and broke' iu the skylight, but the fire had already done Its fearful work on several victims, surrounded as tbey were oy flames, nd cut off from all access to safety below by the burning staircase. Several persons sustained severe Injuries by leaping from tbe highest stories on the building. One man, while crying frantically for aid to the firemen beneath, was all the while pushing a woman, who seemed to be resisting, from a fourth story window. She finally leaped, and struck the ground onjitr feet with a sickening crash, breaking both legs and arms, and almost crushing her to death. Of 12 or 15 per sons sleeping in No. til, four were burned to death and five iDjured. A little boy was burned to a crisp, aud others were either dead when taken Irom the burning building or died before they reached tbe stattonhou.se. The actual cause of the Are is unknown. An examination showed a mass of debris In and arouDd where winding stairway emerged from the basement into tne lower hall, and a look aloft showed that the flames had every possible advantage, and must have shot up from the burning basement staircase. Ail persons known to have been lu the burning building are accounted for. Crowds of people, mostly of German extraction, were around the burned building the entire forenoon. There were no fire escapes attached to the building. It was not until the thumrlng of the firemen's axes on the boards and tin over their beads echoed through the bouse that the men and women underneath were roused to learn their danger. Thick smoke filled their

rooms, and fire shone through the chinks of the doors ond walls. With a cry of alarm, Mrs. Winkel, rousing tier husband, ran to the door of the room where slept her sister and the child. A cry from within answered her, and toM her that they, too, were awake. Groping through the smoke the blinded woman and ' husband sought the stairway, but were met by a rush of fire, against which thev lnef?ctn- ' ally sought to shot the door. Their clothes ca-naht fire, and death seemed certain as they turned toward a door leading to the roof. As they reached it the firemen's axes broke through the ceiling overhead, and willJnij . bands helped them out, more ov less terribly burned. Xhe women and men were partly carried and partly crept on the roof. Streanre of water were now directed into the building,, and the firemen's work began to tell; but ther attention was demanded in another quarter. From elevateds portions of the central part of the bnlld.'ng: cries es" agony snd shouts for help were heard r aud tbo firemen cut through the roof and sides until they obtained an entrauee to the garret, filled with smoke and chared by flames that leaped from rafter to rafter Here In rooms in the east side had slept George Müller, Ernest and Herman Rahl, Lewis Meyer Henry Gerhwleler and Lewis Srhmidt, waiters. In the. west side bed room were Loius Everhard, Annie Bur, Rose, servn? girls. The floor was a sea of rUme, in which the terriricd men and women ran about, wildly gaspitg. for air and shcutingfor help. George Muller and Ernest aal Herman Rchl maae their way toward tiie front aud reached the roof more than half sullocated and bnined here and there. Lewis Meyer pprang from the window into the yard Mowol No. 19 Third street, a distance of 60 leet or more, and was picked up nearly dead. Louis Schmidt was fourd, after the firemen ventured in, crouching la a eorner, wheuc he had been unable to escape, dead and burned to a crisp. Henry Geherwiler, unable to follow his more fortunate comrades to the trout,. Jumped from a window into the yard of a Third street house. He was found there and! taken to the Fifth street stat ion house, where he died. Every bone in his body was broken. Louisa, Earhardt never left the room. She was found burned to death, her features blackened almost beyond recognition. Annie Uauer spran? from a window, rather than . die In the tire, and was found in a yard on tne west side of the building. She was horribly burned, and. with the injuries caused by her is 1 1 ; c a a not live Rise, the last oj tne servants- sprang out also, and. rtrikinK aii arbor lu the yard of No, b KaaL Fourth street in her descent, broke both K-gs, bot h arms, a u d recei ved 1 n t r n al In j u r ies. Geo. Mailer, one of the waiters who escaped, stood In the rninsofhls old room this loreuooo, with moist eyes, surrounded by f; tends congratulating him on his lucky escape. "I don't know about it," he said, in German: "I was

aroused by noise and beat; 1 leund the room. the whole flaor, full 01 smoke, and could not see my way. On everv sidi l heard cries. 1 gained the roof how, L don't know; but I lereutly thank God font." 1 the pead. Louis Schmidt. ."10 yesrs old, waher, burned to a crisp in his sleeplog room ; Heniy Gerliwieler, 2 years, w-alter, jumped from the f nrth storv rear window, and died in the Fifth Street police station; William Gieb, 1 years, taken out on the roof of an adj ining building, died before he could be o'i;cel In an ambulance; Louisa Earhardt, 25 years, irervant burned 10 death in ner room. IXJlRED. William Winkle, 40 years, lessee of hall, se verely burned about hands, face and arms; Josephine Winkle, 40 years, wife of 'es-see, tare ferrloiy dlsngured toy Ourns. and ldy badly blistered. There is bot little chance of her re covery. Annie Dover, M years, servant. jumped from a window, and is internally injured; wilt probably aie. She is also badly burned. Kose, servant, about M yea-s old,, jumped from a window, and both legs and arms were broken; Jnis Meyer, waiter, sprang, rrom a window; nms Drosen, and Internally injured; Margaret G.eb, ai?ed 30, sister of Mrs. Winkle, face and feet severely burned. Th Kol ooii El-ctric Light Shares Worth New Yokk. Jan. 2. The Graphic, speaking of the remarkable rise in Edison elecirio light shsre, says: As hlith as M,5 has been paid lor one 01 these snares, and inside noiaers win not sell at that price, preferring to take the chances of their attaining a much higher value. About s:i,UU) Is bid to-day lor the stuck. The Tribune notes tbe fact that amofg the 4." lamps placed on exhibition at Mcnlo PiTk. severalare already burning a little dnll. TIIE STATE PTCESS. The Warsaw Union sayB: The negro importation business begins to smell pretty badly, and some of the Iti'-dicals wbo favored it at the commencement are a'.ck of the oder. Before they get out of the negro Importation business they will wish the 'consarned'' darkey in Afriva. The Anburn Courier places Mr. Hendricks' name for president at the beadot itscolurncs with the admirable tentiment originated by Mr. Hendricks in his rtcent epeech before the Hendricks club. It is as follows: "No solid South ; no solid Norti, but a sol id Union." This is all the platform needed for the next campaign with Mr. Hendricks on it. It will sweep the country. The Lagrange Democrat says: The Indianapolis Sentinel places at the bead of its editorial column the name of Thomas A. Hendricks for president. It deflresita learns for thus announcing itself in the argweeut that the Indiana Democracy, with scarcely a dissenting voice, .prefers Mr. Hendricks as a candidate for president over any other distinguished Dcraoi'rat whohmiever been named in connection wit h the high office. Hendricks " is indeed the man. The Montezuma Era says: There is no kind of strulltude between that casein Louisiana and this case in Maine. Wells and the notorious rogues associated with him threw out the Tilden votes arbitrarily, corruptly, and in the very teeth of the law which made them a returning board. Governor Garcelon and his council, on the other hand, reject Mr. Il'aiue's returns because they were 'totally defective," not merely Irregular, but Illegal, against the statute, and barred by tbe constitution. What else could thev do? Were they to admit returns which were not returns? Were the coastitutitlon and laws of Maine to be set aside In orderto put Mr. Blaine's friends in oniee? Or were the state oriicers bound in this, as in all other instances, to ory their oaths and do their sworn duty? They did not, like Wells acd Anderson, undertake to Inquire Into the charges of ortbery and intimidation, because, like Wells, they had no legal right to do that. Had the case been otherwise, however, and had the law directed them to deal judicially with these questions, the judgment would certainly have cut deeper and hurt worse, Mr. Blaine. Hme-KUu CluH Skeptici.su. Detroit Free Press. , Said Brother Gardner at the last meeting of the Lime-Kiln Club: "I was axed de odder day what dis club didn't believe In, an de queshan was one deeervin' of thought an' relleciahun. Speakln' on behalf of all dose present an' missin', I think I kin say; "I. It doan' believe in banin clothes down cellar to dry. "2. Itdoan' believe in pnttin' a $10 hesi in front of a $ö wagin. "3. Itdoan' believe that t-ilkin' polyticks will buy codfish, or dat dispntin on religun will darn socks. "I it .loan believe dat a clear in de mouf fcn' holes in da bates help a man to git a ib- .. . ,. ..... "tx It doan' oiieve in payin csuoown for penny whistles an' runmn' in debt for grindstones. "6. It doJin' believe dat de world owes air man what be doan' work fur an' pot In t'jU time at. '7. It doan' belive in slngin' frcw Its nose whran its mouf has nnffin' else to do tut sing." A Difference Unfolded. . :; Cincinnati Enqulrer.l : v "There is one thing the Denrocmfy csn't steal the public confidence " says, the New York Tribune. That's about th only tbicg the Republican pirty hasnt itotolU