New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-04
MORRIS'S CHANCE GONE.
THAT Is WHAT A CONNECTICUT SUPREME
COURT DECISION IMPLIES.
BALLOTS WITH THE WORD "FoR" ON THEN
DECLARED LEGAL.~UTTER COLLAPSE oE
THE DEMOCRATIC CAMPAIGN OF
BLUSTER IN THE NUT.
MEG STATE
rsY rELEoRAPH TO THE rKIBUYE.3

BLUsTER IN THE NUT.
MEG STATE.
IBY TELEGRAPH TO THE TKBUYE.7
NowHaeen June 3-The supreme Court OF Con
necticut to-day handed down decision which plac-
tically settles beyond oil question tho legality OF he
famous for ballots cast the last State election ana
which declared Illegal by Democratic moderaors
Of electors meetings 1t will be remembered that
Judge L. B. Morris, the Democratic candidate for Gov
ernor, had an apparent majority of % votes II he
had been entitled to all the votes declared 10
have been cast for him, and all the legal
ballots cast for opposing candidates had oeen
counted and he had then had majority OF the legai
cast he would, of course, have been entitled 10
the Office OF Governor. After the retuls had been
complied last November the Republicans discovered
that l26 ballots for the Prohibition candidate had been
declared illegal by Democratic m0derators because the
word for preceded the word Governor" on the
tickets. The Secret Ballot law passed by the General
Assembly OF 1880 provides that an electoral ucAet
shall have printed upon 1t only the name OF the once
and the candidate voted for and further that II any
ballot shall contain any mark device so that the
Same may be identified In such manner as 10 muicauo
might have cast the same 1t shall not be couhted
The Republicans claimed that as all the Prohipuoh
ballots had the for" printed before the ute OF
tho Office voted for, there utter absence OF oS-
tnguishing mark They claimed further, that the
word foro did not invadate the ballot Indeed, 1t
appeared that Democratic and Republican moder'tors
had counted osal about 1000 Prohibition BALLOTS
and the Republicans pointed out the gaI1ng lhcon-
sistency Of counting and declaring legal certain baIots
which were precisely like ballots refused because al
legged to be Illegal. But the Democrats threw logic 10
the winds and stuck 10 the position they TOOK Inc
story of the contest and the final deadlock In the Cen
eraI Assembly, the House being RepuDncan ana Cho
Senate Democratic, Is familiar to the world as aSo
the steps taken in the courts the Democrats haVluS
adopted policy of delay and libusterng, apparently
tha fscu hpfor
But they have been made to face the music oy the
astute and far-sghed Republican leader, Judge Lyhue
Harrison to whose efforts is due the present Repuo-
hoan triumph.
Last October at a town election held in Branford,
candidates on Citizens ticket declared elected
C. W. Fields a Democrat contested the election Oh
the ground that the ticket headed Citizens ticket was
illegal because there no such party ana because
the word fOr' preceded the title OF the Office when
was voted for. The was heard by Judge Hail. OF
the Superior Court who made up finding OF facts Tor
the consideration Of the Supreme Court 1t having
previously been ascerained that decision from the
highest court would practically settle the contested
state election. The cour. therefore asked to
decide the all-mpOrtant question, what Is polcal
party N The court answered this question as follows
The element Of time is not es;ental to e formation
Of legal party 1t may spring INTO existence ron ule
exigencies OF particular election, and WIN no III
tention Of continuing after the eXgency mas mas paSsea @
independence In political action upon winch tle gQSI
oi 1c t9t 1I may gp in order to form
legal party be prescribed by law Without violating one
of the fundamental theories Of popular government
II it is shown as it is in this case that an independent
political party wa formed taat II assumed nd ais
luggest the suEages og the people under no tase tt
but bore the name Of tho political party Issuing the
Is eS9qsd a' 10 hold G ohe%se would bs to abge
rights which not only generally helo 70 DC sacred
but which 1t Is Of the utmost Importance to preserve
In regard to the word 81 for' the court says:
The defendants claimed that the Democratic bal
lots are illegal because the word for Is printed on
each of them before the Of every office named
therein This presents the question Of some deay n,on
20 a correct solution OF 1t. II It plain and clear
that the act III limiting the contents OF the Da1t ~
the Official Endorsement the name OF the candidate
he name of the political party issuing the same. and
1orn before the title to the office shall be bound
that ra@on But that the intended is not
aambguous There is room for honest, intelligent
men to differ as 70 It's meaning The record in this
very case shows that the Secretary of the state In
notice concerning elections issued IN august, lSoO,
after that act wen int into pSH STc in ana So6d n
closed a printed form for a town ballot ms was
sent to eveT ea@en Il the be8oc and Repub
can committees in every town IN the seVe anu h tIe
title 10 every office named therein: 1t is matter OF
public notoricty also, that ballots prepared pS M Gi
ieent persons equally S.y m some 70 csscs contained
H word for in iuxtapositon with the Office voted
for and sometimes Omitted II. The Republlcan
before us contained the word. Each case must DC
governed by its own circumstances. and be decided as
9nestion of met under the principles herein stated
Tpon the facts In this hold that the ballots
In ones-on were not Illegal and void because Of tho
nae of ths word for They We're, however Illegal, as
wo have already stated for another reason Beng
that he was elected Selectman, and his petition Whcn
was heard upon that claim, must be dismissed ana
we advise. , , , -
hcuous II ambiguous, IL Is the proper subject OF
construction In discharglng the duty of constructing
II that the voter shall not be deprived Oh MS woe
law we feel bound TO hold that the act does not IN
terms and expression, nor by necessity OF coasrvc nc
tiop prohibit the Of the word for 0efore inc
title 10 tho Office Ii follows therefore that nelthe
lis se or the failure It necessarily and OF ltseli
inviolatcs ballot. The question OF uieeaIty Is ~
mod 10 the provision Of the ninth section OF the act
II the regular ballots issued by political party cO
tain the word for before the title 70 the Office therein
named then it cannot be held to be marx OF
ner as 10 indicate who might have cast the same and
therefore is not obnoxious to that provision II tho
in the connection stated. then the Of the word on
some Of the ballots cast. tnasmuch as 1t wonld be
mark or device by which the same might De ldenuneo
would be Illegal
There is great 10y IN the hearts OF all Republicans,
hut with their usual brazer the Democrats re-
fuse to give up their claim that Judge Morris Is en-
fitted 10 the Office OF Governor. They now fall back
on the claim that the rsurns of the moderators arc
the end OF the law aud final matter whether they
Ar, right or wrong. Chairman Benton, Of the Repub
Iican state Contrn Committee IS Of the opinion thar
Governor Bulkelev should Immediately call special
session OF the General Assembly SO that General
Neryin may be declared elected Governor, II being
his belief that there enough honest Democratic
members who will vote so 10 do now mar inc supreme
Court has unanimously decided the for ballot ques