Morning journal and courier., 1891-06-04
THE ssF0R,, BALLOTS.

The Dec1S1On Dy the supreme court | in the Branford Case-ssFor'' Bal- l lots Not IlIega1-Repub1fcans Elated | Think the Decision Counts Out 1
 Judge Morris.
 The decision of the supreme court in the case of c. Wilbur Fields vs. Sidney J. Osborne ct al., better known as the con- tested Branford election case, was announc- ed yesterday morning. The opinion was written by Judge Seymour (dem.) and con- cured in throughout by Judges Carpenter and Loomis (rep.). Chief Justice Andrews and Judge Torrance (rep.) dissented from the judgment which advises that the plaintiff was not elected selectman of Branford and dismisses his petition. But on the other parts of the petition they con- cured becase they felt bound by the case of Talcott vs. Philbrick.
 This decision involves the so-called tsfor;' ballots
 The court decides the case on grounds other than the question of legality or il- legality of the t'for" ballots, but makes ob- servations on those questions, saying in effect that the "for" ballots might be legal under other conditions.
 The decision is moral victory for the republican claims, inasmuch as it holds the word "for' there would be no ground on which to raise the question of fraud. As all the prohibition tickets contained the word ''for," the court practically says that all should have been counted, and if those that were not counted are counted the 26
 majority for Judge Morris will be wiped | out. Lawyers Lynde Harrison and Ed | mund Zacher and Chairman Benton of the | republican state central committee are | elated.
 On the question of the ttfor" ballots the
 court says they are legal under some cir cumstances and illegal under others. It l does not decide the case before them on the question of the 'tfor" ballots.
 As to the second reason for granting the petition, that 100 citizens ballots contain ed the illegal words "For Judge of Pro- bate, Henry N. Steadman," the opinion says: Now there can be no question but that the legislature intended to say that a ballot which failed to accord with certain should be void, irrespective of all consid- erations as to the intent or eff feet of such failure. It considered uniformity an important means to preventing fraud and their were certain matters in which uniformity could be ex- pressly provided for. But ballots which satisfied the expressed standard uniformity might yet be made to lack entire uniform ity and so be identified by various devices which the legislature could neither pro vide against nor foresee. At the time the ballots were issued and cast there was no election for judge of probate The office could not be filled at town election. The title of the office and the name of the can- didate were foreign to the ballot and were inserted in violation of the express terms of the act" The court decided it as perfectly legal for the citizens to band together and issue independent tickets.
 COLLECTOR KELLAM INTERVIEWED.
 When spoken to upon the subject last evening Collector of the Port A. H. Kellam said substantially as follows: The decision is just what we have expected all along, and by it the republican stronghold is ma- terially strengthened. Whether it is ad- visable to call an immediate assembling of the legislature depends upon whether the democratic senate will accept the issue sensibly and proceed to ballot for governor or not. If it will it would undoubtedly be advisable to call the legislature together, but if not no practicable result would be accomplished. One fact, however, is set tied beyond all question of doubt by the decision, to wit: That MT. Morris did not get majority of the votes cast at the re- cent election. In reference to the matter of calling an immediate session of the leg islature, it may seem best to the leaders of the party to wait until decision has been rendered in the quo warranto proceedings. WHAT CHAIRMAN BENTON SAYS. Herbert E. Benton, chairman of the Re- publican state committee, was next seen and spoke briefly as follows: The decision of the supreme court makes it clear that MT. Morris is not elected and the legisla- ture should at once convene and elect a governor. His views were substantially the same as expressed by Mir. Kellam in reference to the points of the decision. POSTMASTER SHERRY.
 Postmaster N. D. Sperey said: "The de- cision is certainly moral victory for the republicans, and is the first step in the so- lution of the more important gubernatori- al controversy. There are important and pressing matters now to be settled by the legislature, and that body should come to- gether at once and settle the matter"
 Other gentlemen were also seen in refer ence to the decision and all agreed with the views expressed by the above named leaders.