Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1891-01-29

B, G, D, E and F attached to this report.
In considering the returns your commit
tee have recognized the principle thatssin
finding whether candidate has majority
of q certain lumber of ballots, where the
investigation is limited to certain vote
and that vote fails to shows majority,
there is no aseertainable majority.
Therefore from the face Of the returns
the committee are unable todetermine that
any person was legally chosen to either of
tho following Offices at the last election, to
wit: The Offices of governor, lieutenant
governor, treasurer and secretary, as 1t ap-
pears from the face of said returns that
more than q decisive number of votes were
specifying legal causes of rejection; but
the face Of the returns indicates the cleo
ton of Nicholas Staub to the office of
comptroller. .....
The committee found secondly that the
democratic members refused to go back of
tho returns by hearing extrinsic evidence
At tho same sitting, counsel represent
ing democratic interests appeared before
the committee and stated that if the ballot
boxes were to be opened he could and
would tender to the committee for its use
the fact that about $500 prohibition,
labor and republican ballots were illegally
cast, counted and returned and he request
ed that if any boxes were to be opened he
should have an opportunity to be present
and examine the ballots; which request
was granted.
Counsel representing republican interests
afterward appeared before the committee
and stated that if the ballot boxes were to
be opened he could and would tender to
the committee for its use the fact that sew
eral thousand democratic and prohibition
ballots were illegally counted and re-
turned.
The majority found SO votes too many
were cast in Norwich-38 more than there
were names on the check list, and that
twenty of said wrongfully returned gene
raj ballots were counted for the democratic
candidates for governor, lieutenant COVER
nor, treasurer and secretary, and ten OF
them for the democratic candidate for
comptroller, by reason of clerical error
in footing the number of votes counted for
them respectively. Your committee have
been unable to find for whom the remain
ing eighteen votes were counted, or the
cause Of their being counted.
Your committee further find that 1876
republican general ballots were rejected in
the Fifth district of Bridgeport for having
an alleged distinguishing mark, and that
said distinguishing mark was merely
minute speck made by defective printing;
other places at said election, and was not a
distinguishing mark in the meaning of the
law. ~~aaa
Your committee further find that 1O3
general ballots, which are part of the class
Of 112 hereinbefore referred to as rejected,
were rejected solely because the word
'sfor" was printed thereon as part of the
title of each Office voted for, and that
therefore the said ballots were illegally re-
jected.
We therefore report upon the evidence
taken by us.
Therefore the committee are unable to
determine that any person was legally
chosen to any of the Offices except comp
troller, to which the face of the returns in
dicates that Nicholas Staub, DEM, was
elected. But the committee point out that
democratic resolution for general open
ing of ballot boxes is pending in the house.
They express readiness to join in such in
vestigation if both branches of the general
assembly will take it up, and so they rec
ommend the following resolution:
Resolved by this house; Sec 1. That he facts
reported by the house select committee on can
Sec. 2. That copy Of the report of thecommit
transmitted to the senate.
Sec. 8. That if the senate shall decide to inves-
By the said Hotchkiss resolution, this house will
join in said Investigation to the furthest extent
Sec. 4. That the house will take action de-
claratory OF the result OF the late election for
ton in the matter of an examination of all re-
turns OF presiding Offices including those m sSI
| by a joint select committee on canvass of votes
The majority report is signed by Gardin-
| er Greene, jr., chairman, Stiles Judson, jr.,
Dwight w. Tuttle, John A. Porter, Frank
| T, Buell.
| REPORT OF THE DEMOCRATIC PART OF THE
INVESTIGATION OF THE RETURNS.
The minority of the committee reported
through Mr.. Hotchkiss of New Haven
that upon examina ton of the returns they
find the whole democratic state ticket
elected. They say further that the re-
turns are a true statement of the votes le-
gally cast and counted at the various cleo
tors meetings. That they were made by
the legally constituted officers of said meet
ings and that the ballots shown to have
been rejected were rejected by legally con-
stituted officers. They charge that in vio-
lation of the constitution the majority of
the committee proceeded to take extrinsic
| result. This the minority refused to take
part in. They charge that the majority
have on hearsay evidence undertaken to
cast doubt upon the result Of the vote.
All this they declare to be in subversion of
law. They recommend passing the senate
resolution to declare the democrats elected.
The report is signed by Hobart D. Hotch-
kiss, A. M. Gard, P. J. Markley.
| NIB. HoTcHKIss SPEAKS.
Mr.. Hotchkiss, dem, followed the read
ing of the report with long argument
setting forth the points of the minority re-
port and assailing the house committees
report, during which he said:
The democratic party has receded in way
from its original position. have never receded
from my original position in reference to the re-
turns. We desired to be in a position to rebuff
any evidence that might be introduced-the same
as in q court case. The object of the resolution
| was to protect the minority. 1t seems that this
report comes in the end just as the minority pro
| hand. They want us to receive the single wit
ness testimony to single party and have the
| seems they want to substitute new method for
| the old and legal procedure. When it comes to
the merits of the original resolution desire to
| be heard further.
MR.. GREENE DEFENDS.
Mr.. Greene followed by an argument of
over an hour, during which he went into
a defense of the republican position at length.
AAC eilot Ills POI AeI1 Soao oo Aol do
| it could at present, but that they were willing to
| 60 farther and know the whole truth. The re-
| port, he said, was founded on the fair returns
| and he believed that the truth had been arrived
| at, but he expressed a willingness to go further
| were the democrats in the lead For the most
part Mr. GreeHe's argument, which q long
| one, reviewed the evidence before the committee.
He maintained that the general assembly created
the moderator, not the constitution, and it was
| in the power Of the general assembly to review
their work. General assembly, he said, has full
| and plenary powers to declare who shall be
elected. First, he said, we must take the face of
the returns; but If necessary, must go fur
| Their. This is what we have done, and we have
| found that large numbers Of ballots have been
for ambiguous reasons A moderator cannot
| throw out ballot simply because he
chooses to. There were 458 double ballots thrown
| OUT under the present law these ballots are not
Illegal. If you want to be technical you would
have to throw out every ballot cast in the state.
| The result Of our inquiry so far shows that
gross Irregularities were committed and that 1928
ballots were Illegally rejected, a number more
than sufficient to wipe out the alleged majorites
| Of all the democratic candidates except Mr..
Staub.
At the conclusion of Mr.. Greene's argu-
ment a communication was received from
the acting secretary of state declaring Lud-
wild Wolfe elected a member of the house
from Avon the result of special election
Monday. Mr.. Wolfe, who is democrat,
takes the seat of Malone, deceased Mr.
Wolfe appeared and took the oath of Office.
On motion of Mr.. SAKE of Waterbury
| the house ordered recess at 800
| AFTER RECESS.