The times. [volume] (Richmond, Va.) 1890-1903, 1891-03-06
GOVERNOR HTLL'S OPINION.
tIe Gives His Reason for Refusing TO Honor
Governor BulkIey's Requistion.


ALBANY, n. Y. Mar. 5.-In dishonoring
Governor Bulkley's requistion for extradition
of the Danbuy horse-thief Colbert, Gov
ernor Hill files an opinion IN which he says:
] decline 10 recognize "a person as Governor
who was neither elected as such by the
people nor has any legal or equitable
recognized as Governor 10y the highest
legislative body of his own State. When
the Senate of Connecticut rcpudmtes Mr
Bulkley declines 90 permit hls messages TO
have access 10 the Senate chamber. refuses 10
receive his communications which heattcmpt3
4 foist upon 10, and utterly ignores hls noml-
nations and in every possible way rejects ms
lrcteutiOns. ! cannot be expected under such
circumstances, % afford him "a recognition in
this State which be is unable 10 secure III his
own State.
JUDGE MORRIS GOVERNOR.
Judge Morris received an actual majority Of
votes cast for Governor. and has been de-
Clared duly elected by the Senate. He is
Governor Of the State de lurc having been
duly qualified by taking and filing the re-
Qulred oath of Office. which Is the only act 10
le performed by him az condition precedent
% his night 20 exercise the functions of Office.
lie is acting as Governor 50 far as he Is
permitted to do so. Mr.. Bulhey IS
"a mere usurper and az such has
no claim to be considered as Governor de
factO The judicial decisions upon the sub
ject are all % this effect. In the People ".
Albertson (SsHow p 863) 1t was held that a
claim cannot constitute the claimant an oit-
Ger deIactO and Conoyer's case 10 Abb p. ~.
People vs. Peabody 6 Add p. 26S) and the
Mayor Of New York vs.. .Flass l6 Abb. p. 296l,
il was held that where a public officer had
been duly clectedO appointed To an once ana
had done all in his power towards assuming
possession Of Office deemed To be in law T.
be ightfully IN possession Of such ONCE and
entitled % recognition as such. 30 Do was
held by the general term in the fourth depart
meut in the case of CrOnln against Grundy
C6O0 52f that there cannot be both an ONCE
de lure and another DO factO performing the
duties Of Office at the same time ctns Board
man against Halladay 40 Paige 213l, People
against V. Peabody, Morgan against Quacken-
bosh ". Barbe 10. This case was affirmed
ty the court of Appeals IN 81 Nv I'll
MY DUTY TO DECLINE.
From a careful examination of the legal au-
h0rues upon the question, and from the
opinions Of able counsel whom | have con-
suited. am advised and satisfied that 1t l.
my duty % decline all TeQuisluons coming
from Mr.. Bulkley under the present sllua-
tion of affairs in Connecticut
When the requisItion papers are presented
g. the executive he must judge Of their au-
thorty, validity and sufiQency | would
gladly honor a requisitiOn for the surrender of
= fugitive from justice coming ifom the law
iul executive authority Of Connecticut II
for any reason the lawful executive authority
~ that State is at present pOwerless 70 eNer-
else It's proper functions, II IS a public misior-
tune which would. however, afford no justin
cation 10 me should give official recognition
q one who unlawfully claims the right 10 eX-
Srclsc such authority.