Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1883-06-13
The Contest for the Mayoralty.

Arguments Yesterday Before the SUI
preme Court OF Errors-Tho Decision
Reserved.
In the Supreme Court of Errors yesterday
morning Tilton E. Doolittle opened the argu-
ments in the quo warranto case of State
ex. rel. Frank s. Andrew vs. Henry G. Lew
is, Mayor of New Haven. Mr.. Doolittle in
his opening read the papers by which 1t ap
peared that the defendant set up as bar to
the proceedings the certificate issued by
Judge Park He said that Judge Parks GER
tificate declaring Mayor Lewis elected was
NOT conclusive, If, indeed, it ever could be,
because it did not comply with the scope and
spirit of the statute. It was contemplated
by the law of 1873 to open all the boxes.
How, otherwise. could the question be
really decided as it ought to be? How
else could the real will of the people be
ascertained2 Not by opening one box.
The defendant admits, in his rejoinder to
the States replication, these mistakes. AM
drew couldn't ask that the boxes be opened,
because the statute provides that only such
persons can have that right who believe they
have been chosen to an office to which an
other person is declared elected. Andrew
himself was declared elected.
The right of trial by jury shall, according
to the constitution, remain inviolate, but
here is a quo warranto proceeding which the
Superior court refused to send to jury. Be-
fore the State constitution was adopted the
issues involved in quo warranto we're tried
by jury. After quoting authorities in sup
l port of his claim. concluded by saying The
will of the majority should be hindered by
no technicaIity, but the courts should be
open to the settlement of the question under
any form.
Ex-Judge Blydenburgh in replysaid that in
the court below he appeared as private coun.
9TH od xuikh na
the State, claiming the proceeding was solely
one brought blythe State to protectthe rights
of the people The writ of quo warranto
used to be the only way of ascertaining the
title of public Office, but afterward an act
was passed providing another way. 1t was
desirable that the question be determined
quickly and SO on the grounds of public pol
icy the statute of 1873 was enacted. BY this
Judge of the Superior court-the
highest tribunal to try matters OF
fact-was constituted a tribunal for
such cases. He did not claim that the stat
| ute provided an exclusive remedy, but it
| might be cumulative. The judge argued
briefly for the constitutionality of the stat
| ute and then proceeded to criticise the plead
I inps in that, even admitting the facts therein
stated to be true, there was no ground for
| another hearing The only allegation that
| affected Mr. Andrew was that seven votes
| that had been cast for him had not been
4 l.
| for Mayor Lewis plurality was 43. The
| other allegations, that Mr.. Andrew received
| large plurality of the votes cast, were IN
| supported by facts.
| The closing argument for the defendant
| was made by John S. Beach. He said: Mr..
| Andrew claims to have been elected Mayor
and demands of Mayor Lewis his warrant for
/ holding the Office. Mr.. Lewis presents Judge
Parks certificate, which is conclusive. It is
| not SO that he asked for a recount; he didn't
| even suggest it. He simply demonstrated
| the mistake he alleged in the Third ward
| COMMISSIONED the discrepancy by the con-
| current testimony of the box tenders and
| check Iist-and rested MIR. Andrew then
moved that the box be opened, and it was
1 opened at his request. On the result as
certained by this proceeding Judge Park
1 gave Mayor Lewis q certificate OF electon
l Mr. Beach proceeded to admit that, emitting
the Third ward, there were, according to the
addition of figures, 8,276 votes cast, OF
| which only 6, O02 were returned. Il was Q
sad state of affairs if true, but he admitted
1t for the sake of argument. Here was q
difference of PA. 1t would be interesting
and important to know for whom these
voted, if it could legally be ascertained' but
there is no allegation for whom they voted,
and the allegation as it stands makes as much
for Mayor Lewis as for MIR. Andrew.
| Mr. Doolittle made the closing argument
for the plaintiff in which he claimed that the
application of Mr.. Lewis was not to deter
mine who was elected, but to peek into one
of tie boxes. The very theory on which
they worked was false and erroneous.
''When did you find that out ?" inquired
Mr.. Beach.
1.-THE very next day, from the counters
put in by the court" was Mr.. Doolttle's re
ply. He finished his argument after the
noon recess 1t is not known when the de
cisiou of the court will be rendered.