New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-27
PATTISoN'S REQUISITION.
rvr PENNSYLVANIA DETECTIVE APPLIES
TO GOVERNOR BULKELEY.
..msfM FOR THE BALLPLAYER DECKER MAY
.sxE THE CASE INTO COURT PROCEEDINGS
IN THE CONNECTICUT STATE CAPT.
TAI YESTERDAY-STAUB SEEKS
AND GETS ADSICI

AND GETS ADVICE
vsw.Haven, Conn. March 26-It looks now as
,onah the requistOn from Pennsylvania for Henry
Ter the ball player, would raise the question ~
Governor Bulkeley's right TO sign requstion papers
This afternoon Governor Bulkeey referred the matter
=. s.s,e's Attorney Doolittlc, but Mr. DooI-tIe is
,n South Carolina and out Of reach Attorney
1y..sey who Is looking after Dcckers interests SAYS
=. will swear ont habeas corpus papers and take the
,ass TO the supreme Court. 4 significant r1lmor is
soat to the effect that the Pennsylvania officer first
offered the requiston papers TO Governor Morris and
=. refused 10 act in the matter subsequently Gov
.,m Eulbeley signed the papers.
Hartford, Conn.,, March 26-The House met this
awning at IL O'Clock. After voting down bill for
constitutional amendment removing the age limitation
At seventy years on judges and justices of the peace
and doing little routine business recess was taken
until O'Clock this afternoon and the Republican
srbeps went into caucus at once.
Controller Staub has prepared communication to
h. presented 10 the House. 1t will set forth that
IN the event of long recess by the Legislature, tho
s,ste WILL by the wording Of its contract incur OBJ
stations TO the railroads of 81 200 each month as long
a. The recess lasts, matter II ii is until next
yoeember. The contract makes certain terms with
IN railroads, at so much a month, until final adjourn.
n@t
, Deputy Sheriff Moore to-day served papers on
cnntrolen Staub in the suit Of Austin BranaN.
sxACrt1Ve SeClSlaTN Ol Governor BulkelcN. 1Of INC
,saynent Of his salary. The writ of mandamus is
'aned by Clerk johnson, Of the Superior Court and is
made returnable TO the court the first Tuesday in
Anil George p. Mclean is attorney for Austin
prainard.
Attorney Hammersleys opinion, presented on request
~ Controller Staub, to whether the latter should
honor Mr. Brsinards claim. made public to-day.
fhe opinion first states that Mr. Staub informs him
tnst Judge Morris appointed seymour c. Loomis. Of
his pYecutiVe before Morgan
G. Buckley appointed Austin Brana;d. Mr.. Ham
nersley states that the main importance Of the demand
lies in the fact that the demand may be mere cover
10 demands for salaries by Of the persons appoint
ed State officers in January 1850. and who secuted
orders the payment of their salaries for the month
neceding the date that blr Saub assumed the duties
Of Controller He therefore considers the general cues
ton He first states that the records OF the two houses
show that Judge Morris and the other candidates were
elected to their respective Offices last NovembcC. one
branch of the General Assembly still recognizes the
claim of the ex-ofRcers" and the other refuses to dc
60 Public opinion is divided and it is therefore IN
wise while there is any uncertainty in te natter TO
honor bills that may be presented second time. Fur
thermore the fact that the Officers" perform GER
tan Official acts does not entie them TO the payment
Of salaries The faco principle may validate aco.
but il does not create officers. In the second place
judge Morris and his associates on the Democratic
State ticket ate LEGAL officers then Mr.. Bulkeley ana
his associates are not officers de facto. Thirdly,
the de factO principle is principle Of public neces-
sty and goes only a. far public necessity requires
Voluntary and unnecessary acts are not protected DE
it, and much less can claim for himself undec 1t
rights incident TO an office.
The decision Of the supreme Court is quoted to show
that an OFFICER cannot collect HIS fees or claim any
rights incident to his Office without showing himself to
be al officer lure. The opinion expresses IerIee
that the question is raised at the time That there Is
chance of solution OF the whole question 10y the Two
houses In the regular way 1t adVses the oonpniei,
however, in case of a demand upon MIN, tlat nc Is
justified in refusing to pay the claim. ,. .-
officer Geyer Of the Philadelphia detective force,
arrived at the Capitol to-day with requlstOn papers
the delivery into his hands of Henry Decker the New
Haven ballplayer. who is wanted In fhllauelphd 10
answer TO the charge Of forging two checks ana seas
suit of clothes Governor lukeey sent the papers
10 state Attorney Doitle, of NewHaVen Tor lhNesued
ton into the subsequently the Governor signed
tx REPRESENTATIVE A. +. Hume. Of New Haven, has
een appOnted second assistant superintendent OF e
ne session of the General Assembly. II was an.
NOM ced that no action of Importance was Idhen DIT
the Republican caucus this afternoon me house on
reassenlbling at once took recess untl next "ot,
when the Senate will have taken ilnal acton Oh "e
The senate, after long debate on the seymour
hill In which a strong opposition was SHOWN 70
that measure, finally passed a resolution dp
ppoI3ons election bills now before the body, and
vate some report on them next Tuesday when the
Senate meets again. non partisan c2mmi'ee G w"
Shumway and Clark-and Two
De1nnrrrats-Sey mOur and Thaver-was appointed DS
The Chair. The committee VIII meet est t f.roor
and recess was declared BY the speaker pDoel .lo
enecta, Hon 90 rule until next Wednesday, at p ILL.,