Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-09-11
THE CoxNEcrrcur oovERxorsHrr.


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| Political Question.
The quo warranto proceedings concerning
the Connecticut governorship cannot reach the
supreme court prior to the first Tuesday, in
October, and then only By consent Of all par
ties concerned. Pursuing the usual channels
and presidents the case would not be reached
until the first Tuesday in December, when the
| regular session Of the court will begin in New
Haven. The law prescribes that when . suit Is
| carried to the supreme court it shall be tried
| in the judicial district or county in which it
! was originally entered and tried, or where the
| Judgment complained Of was rendered, unless
the parties agree to try it in some other judi
cial district or county. Transfer entities the
case to priority Of trial. The quo. warranto
proceedings were entered in New Haven county
and the appeal to the supreme court will have
| to be heard there unless the republicans are
willing to consent to the transfer to Hartford
during the first week in October.
The moment the case reaches the supreme
court new and interesting complications are
likely to arise on account of the vacancy now
existing on the supreme bench. The retire.
ment OF Judge LOOMS Of Rockville in June,
by expiration OF term, left the court with only
four judges 1t is an express provision Of the
statutes that all contestants before the supreme
tribunal in the state are entitled to be heard by
! full court. On this account the laws are ex-
tACmeAy hUcTal VIII reference TO the Gaining III
OF superior court judges by the chief justice
presiding judge to act in cases under consider
alton. In the event of disability disqualified
ton or declination OF the higher court judges.
the law plainly describes the course to be pur-
sued by the chief Justice, who is authorized to
designate superior court judge for the emer
gency In the event of disqualification or dis
ability OF all the supreme court justices the
chief justice Is empowered to designate three
Judges OF the superior court who will consti-
tute for the time being the highest court in the
state. But III no case is vacancy on the gu
preme bench contemplated by the statutes.
whether the chief justice will consider him
sell nj liberty to I'LL, even temporarily, va
cancy on the bench remains to be seen.
The fact that vacancy exists in one of the
judgeships suggests serious complications ut
the outset. But should this difficulty be obvi-
ated by both Of the distinguished litigants con-
senting to its abeyance new and more serious
problem will be presented This relates to
nothing less than the decision of the court.
Section 1886 of the Revised Statutes provides
that the chief justice or the presiding judge
for the time being of every court where there
shall be an equal division Of opinion among all
the judges. including himself, on any question
before 1t shall have casting vote, except
where 1T Is otherwise specially provided by
law. The effect of this provision would be TO
give the chief justice, in the event that the
vacancy on the supreme bench cannot be
niied, the possible opportunity Of voting with
one OF the associate lustlceS against the re-
manning two Oh issues Of partisan litigation,
and by casting vote decide the ca in accord
with the political party to which he belongs.
Inc right OF the casting vote is also assured by
statute to the chief justice in causes reserved
where no verdict has been rendered, judgment
given or decree passed. In these cases ii the
judges are equally divided the presiding judge
has the casting vote. The quo warranto pro-
ceedlngs vii! of necessity be of a political
character and influence the court to a greater
or less extent in consequence. These some
OF the obstacles that will be encountered when
ever the litigation passes beyond tho jurisdic-
tion OF the superior court.