The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1891-03-13


rh~ p,x~cutive ~ the state az New York II
niles An Opinion In Mich ne states ne
Reasons for Assuming 20 be The Judge
OF the Qualifications 81 the Exsr"tisc -
= sister state
Alr>xy. y. ". March 6.--in dishon-
oring toy. Bulkclcy's requisition for ex-
tradition papers Of the panbury horse
thief. Colbert. Gov. Hill files an OPINION
il which he says:
AInA~Y. =. r.. March g. inl.
decline 70 recognize person a-r"vrrnor
who " ~ neither elected by the people. nor
has any legal title a. the office and VINO y
NOT recognized a. governor ~ the h'Shess
legislative body ~ his own state Whtnth"
senate of Connecticut regulates MI isuiA''
les declines o. permit his messages 70 haSe
access a. the senate chamber, refuses 10 re-
cciye his communications. when ne AZ
fempts 10 foi~t upon II. ami utterly ignores
his nominations. aud in every po~sint' way
rejects his prcttnslou~. cannot ~ cNpre''''
under such circumstances, 20 afford him
recognition Ia this state when he's uh'o'o
70 secure In his own state.
Judge Morris received AN actual majority
| of the votes cast for governor. ana ha- ne'n
| declared duly elected by the senate re y
| governor Of the state dc inre. having "aui.
1 qualified" BY taking and fllng the required
| oath of office which is the only act :" pe
4 psrformed by him a. a condition precedsnt
| "a hi~ right 10 exercise the functions OF tue
ONCE lie IL acting a. governor :" Tar as rs
Il permlttcd to do 80. Mr. Bnlke'sy y =
| mere nsurper. and a~ such has no clam y"
be- considered governor dc tacto. Inc
iu,icl., decisions upon the subject are All -
| this effect. In People v Aibsrtspn. h"~'
mr. sfs il was held that claim under tue
| Of appointmenf 10 an office which nv Ia" =
elective cannot constitute the CLAIMANT an OF
ncer de facto and in t'onvers'case, Ahprr-
5.5. People W. Peabody q Abb. pr r. anu ""
mayor of New York Vs. flagg. ADD. z"' !.
was held that where . public omcer haa
been duly elected. or had been duly APP
pointed. ana had done all in his power To-
wards assuming contro, Of the OH r.. ne was
| 70 be deemed in law TO be rightfnlly IN pos
session OF such Office and entitled % f'eoR
milton a. such so IL was held by the gen
eral term in the fourth departn ent ~ theeA~a
81 Cronln VI. Gundy. ltpp 5.$. that there ea''
| not be both an officer dc iure and another
| de facto performing the duties Of the once
nj the same Time citing Boardfnan -. iia'''
day. 10 Paige. rs: People ". Peabody nnu
Morgan ". Qnackcnbush. ~ barpe. ~
This case affirmed IN the court " aP'
| peal~ in - New York. III.
| prom careful examination 81 the seTa
| authorities upon the question and from ths
| opinions 81 able counsel whom nave con
| suited. am advised and sat shed thA' y Y
| my duty 10 decline all acquisitions comma
from Mr. Bllkeley under the present S'na
ton az affairs IN connecticut
when rrqni-ition papers are presented .
the executive ne must Judge ~ their author
ity. validity and ~niiiricncy.
wonii gladly honor a rcquisltlnn Tor m
surrender 90 a fugitive from Justice c"hna
| from the Lawful executive authority 81 'oh
n.cticuf II foranx reason the lawful eSeen
tive authority oftliat state J. az present POW
erle~- to exercise is proper functions. y y
public misfortune which would. however
affnrs; no Justification 20 me should Hi'' %
fetal recognition 10 one WI" unAt"'u ".
.,a1,,.s mo. ri.,nt "a exercise such authority