Morning journal and courier., 1891-03-19
A NEW OLIVE BRANCH.

in the Form of an Amendment to \ the So-Called Judson Bill, Which is Altered in All Hut the First Two Lines-An the Democratic Senators do Not Favor the Amend- ment. HARTFORD, March IS. Especial. ]-Sena- tor Seymour, dem., of the}Thirteenth, to- day presented an amendment to the Jud. l son bill, which may be accepted by the house, if passed by the senate. The reso- lution, which is given in full below, is not offered by the majority of the democrats of the senate, but on the sole responsibii ty of Senator Seymour, and is objected to mildly by Senator Pierce and strongly by Senator Thayer, as well as by the republi- can minority. Both bodies adjourn until next week.
 The Senate.
 The senate convened at 80 p. m. After few minor petitions had been tabled the Judson resolution, which was referred to the senate yesterday by the house, came up for the consideration and action of the senate.
 After the resolution had been read Sen ator Seymour, dem., of the Thirteenth arose and offered a substitute bill by way of amendment to the original Judson bill, which reads as follows:
 THE BILL AS AMENDED-wHAT IT PRO- POSES.
 Resolved, By the senate that house bill Mo- 155, be amended by striking out all therein contained after the enacting clause and inserting in place thereof the follow ing words:
 r Section l. The votes given for the per sons respectfully voted for at the general | election for governor, lieutenant governor, | treasurer, secretary and comptroller, in | the electors meetings in several towns as | they appear from the ballots received and | counted in the presence of the electors | at such meetings shall determine who is prima facie elected to each of said offices. And the true lists of the persons so voted for and the num- Der of votes given for each made ! and returned to the treasurer secretary and comptroller, and by them counted ,and together with fair list of the persons and number given for each made by them, laid before the general assembly as prescribed | by law, at it's regular session, held next af | ter such general election shall be evi- dence of such prima facie election, and l if on the first calendar day of said session | the two houses shall not concur in the | declaratory action in reference to said election, the person having majority of the whole number of said votes so laid be- fore said assembly for any one of said l offices shall be entitled to forthwith exer- else such office, having first taken the oath 1 as prescribed by law, and the said lists as returned and laid before said assembly shall be sufficient evidence of his title to exercise such office and to take and have immediate possession of all | the appurtAnues thereof. But such deter imitation If the prima facie title to such office shall not effect in any manner any question CO., erning the validity of such election, which may be raised in any sub sequent judicial proceeding for contesting such title and determining the validity of such election, and every such question may be raised as fully and with the same effect as if such determination of the prima facie title had not been had.
 Section 2. Any persons voted for at a general election, for governor or for lieu tenant governor, may within five weeks after such election bring his complaint to the supreme court of errors, asking for the determination of the questions concerning such election; such complaint shall state the questions to be determined and the | served on the other persons voted for at said election for the same office, in the same manner as other civil process, and be returnable six days from the day of ser vice. The supreme court of errors is hereby given jurisdiction and power to determine such actions and shall be held to be alway. in session at Hartford for the pur pose of receiving and hearing such com. plaint. The defendant may make such answer as he deems proper and the court may direct or settle the framing of issues either of law or fact or both as it may deem proper and may make proper order. relating to procedure and may with con sent of the parties refer questions of fac to committee The court shall deter mine the questions constitutionally raised by such complaint and answer in accord ance with the constitution and laws anC the final judgment of the court shall bt conclusive. The court shall make such orders including orders in the nature o1 mandamus as it constitutionally y may make for the purpose of giving effect to it's judg ment and of enabling possession of the off ces in dispute to begiven to the person who may be or become entitled thereto under the constitution. The court shall trea such action as privileged over all other business and shall compel the parties tc come to issue and trial with the utmost possible speed. A certified copy of the judgment and opinion of the court shal be immediately transmitted to the secre tary and by him shall be laid before tn. general assembly without delay, in orde, that the action of the general assembly may confirm to the law as determined by the court.
 Any person voted for at a general cleo ton for treasurer, secretary or comp troller may bring his action to determine the questions concerning the election fol such offices in the same manner as ii above provided in reference to the offices of governor and lieutenant governor.
 But nothing herein contained shall be construed preventing the proceeding | by information in the nature of a quo warranto to determine the title to any l one of said offices, unless the questions 1 involved have been determined by pro ceeding under this act.
 And whereas it appears by the records of the senate and of tho house of repre- sentatives that at the general election held November 4, 1890, a majority of all the votes as defined in tho first section were given for the following named persons as follows, viz. Luzon B. Morris had a ma jority of all said votes for governor Joseph W. Alsop had majority of all such votes for ieutenant-governor,M Marvin H. Sanger had a majority of all said votes for treasurer, and John J. Phelan had 6 majority of all said votes for secretary.
 Be it further enacted:
 Section 3. The senate and house of rep resentatives, by the fact of a vote in each house passing this bill hereby recognizes that from and after the date of such con- current vote, L. B. Morris is prima facie l governor, and entitled to exercise that office in the manner and to the extent de- fined in the first section, the same as if the provisions of the first section were law prior to the meeting of this assembly, and by the fact of the same concurrent vote the senate and house of representatives in the same manner and to the same extent recognize that Joseph w. Alsop is lieu tenant governor, that Marvin H. Sanger is treasurer, and that John J. Phelan is sec- retary.
 Section 4. Within ten days from the passage of this act, Samuel E. Merwin may bring his complaint to the supreme court of errors to test the validity of the election of governor under the provisions of sec tion two of this act, and the supreme court of errors shall have in reference to such action the same jurisdiction and powers as are conferred upon it in reference to such actions brought within five weeks after a general election, and within said ten days l A h 1oi, ,,<