Morning journal and courier., 1891-04-01
WANT mORETI


 publican senators of the committee. evi- | dently with the intention of finding some
 way out of the difficulty satisfactory on l both sides. During the session of the
 senate some surprise was created by the
 withdrawal of Senator Seymour from the
 senate committee and the appointment of Senator Pierce to fill his place. A press of business is said to be his reason for this | action, but it is hinted that it was bit of diplomacy.
 The General Graham report was present ed to-day, the committee deciding unani- mously in brief that as the law stands, though
 ARBITRARY AND UNJUST, the senate can take no action in the mat
 ter. This practically admits that Cover
 nor Bulkeley has the right to discharge ,al- | though there is failure to find General Graham guilty of insubordination. 1 The Senate.
 The senate convened at il am. and after prayer by the chaplain the senate took a
 recess until 12 o'clock, when they again 1 met and took recess until ep. m. The l senate reconvened at 3 p. m.
 Senator Shumway, rep, of the Sixteenth, l said: The committee of the senate to whom was referred the matter of
 THE GUBERNAToR1AL QUESTION Ask me to state that while we cannot hold out any particular hope of an agreement, still we have not exhausted all our materi- als and may yet come to some agreement. The committee needs more time, having been in session all the time since appointed
 except on Friday and Sunday. If we can we will report either unanimous disagree l ment or some method of settlement l 1 would move that we now adjourn until Ii o'clock tomorrow morning.
 Senator Seymour, dem., of the Thir- l teenth, was excused, at his request, from duty for the week and also from the con- l ference committee Senator Pierce of the Fourth was appointed to take his place on l the committee.
 l Senator Seymour, dem., then submitted 1 the report on the Graham hearing which was tabled for printing and is substantial 1 ly as follows:
 THE GRAHAM HEARING-THE REPORT. ! To the Honorable Senate:
 The select committee to whom was referred l the petition of General Charles P. Graham, re questing that the senate inquire into the manner l cause Ol HIS TCulOVal rom the once or Drlg
 adler general in command of the brigade, Con | necticut National Guard, have the honor to sub
 Prior to November l. i!ss, by order of the com | mander-in- chief of the Connecticut Nationa
 mediate control of Colonel Cone, was reserved
 for roller skating exercises and polo for two eve l nings week.
 Your committee did not inquire of or permit
 the investigation to extend to the questior whether roller skating, other amusements
 were or were not prejadicial to the interests oi hn fn thn iT,far SNff fha | cupying the armory and expressed no opinion
 upon that subject.
 lief that it's true interests were subordinated to l held between more or fewer of the officers was 1 the real cause which produced such concert of
 aetion::as existed in preparing and rendering the l resignations. From this concert of action il l was attempted to be shown that combination
 existed in the regiment, which amounted
 tendng toward 3o b ot order, or to unsoldiery criticism of headquar
 sus 6ns against n ths claim l duct occurred in the regiment either on the part of oficerssor men; The officers rendered order, and at the same time believed that they | had a perfect right to leave the service and
 therefore tendered their resignations g second
 time, and urged their acceptance upon the com l mander-in-chief
 ! THERE BEING INSUBoRDINATIoN, l There was, of course, concurrence on the
 part Of the petitioner in lnSubOrdination, was
 there any participation by him with the officers l of the regiment in the matter of preparing or l rendering, their resignations
 1 Respecting the action of the senate upon the l petition, your committee heard extended and very learned arguments upon the law governing l the power of the conmander-in chief to remove ] officers in the military service of this state. | In behalf Of General Graham, it was contended
 in eh 9 fhs I for wh9se @ | senate is requred, the commander-in-chief has power to remove for cause except during the re- cess Of the senate, and no power to remove with
 or without cause further than until such action
 shall be disapproved by the senate. This claim
 was founded ln part on section 5, ,155 of the Gen.
 eral Statutes of the state which is as follows: Section 3,11 In the case of officers for whose appointment the consent of the senate is required the commander-id-c chief, during any recess of the from office for cause, which shall be valid until the further action of the senate thereon.
 the on the other hand it s %as claimed in behalf of the commander -in-chief respecting removals from office in the military service whether in time of war or peace, unlimited and uncon- trollable by the action of the senate, and rested in his discretion alone, which discretion was not The condition of the law in this state upon this subject is not entirely free from doubt state provides that the governor shall be cap talngeneral of the militia of the state, except States ''i0 '''0 oi 'ne ohi'ea Section S,149 of the general statutes of this
 
 The National Guard shall constitute one brig ade, under the command of brigadier- general aPpolnte%d at "a py the commander-in-chief, with the Your committee have been guided by the con- structlon which has been put upon a similar con stitutional power in the president of the United States, defined in section g. article 2, which is as follows: "N The president shall be commander-in- chief of the army and navy of the United States, and of the militia of the several states when called into the actual service of the United States. And he shall nominate, and by and with the ad- bassadors, other public ministers and consuls, supreme chief justices, and all other officers of herein otherwise provided for, and which shall be established by law.
 From the organization of the government, ment Of the recent war for the suppression of the rebellion, the power of the president, in the ab- the service an officer of the army or navy, was not questioned in any adjudged case, or by any department of government.
 It should be remembered that General Ora. question during the pleasure of the commander tenor of office or making it other than during the pleasure of the appointed power. In 1862 by an 596, it was provided that the president of the United States, and he thereby was. authorized the military service any officer for any o cause which, m ms Judgment either rendered such off cers a unsuitable 1 for or whose dismission would The action Of the petitioner, Brigadier-General Graham was taken with deliberation upon his best judgment in good faith, and with the intent to suoserve best the interests of the brigade un- der his command. Seeing that the service was a volunteer service, it was, in his judgment better to permit the officers to go, in order that when ever from time to time their resgnations might be accepted by the commander-In-chief others might be chosen in their places who un- ger all circumstances, were willing to occupy them. oNe'
 THE GOVERNORS POWERS IN THE CASE.
 Whatever doubt there may be about the con- stitutionaity of the act limiting the power of the to remove from office, in his own discretion and without cause and without a hearing, it must follow that in the absence of such legislation explicitly limiting the power of removal or explicitly requiring the assent of the senate thereto, the power of removal must be held 10 De absolute and unqualified.
 The committee is of the opinion that there is no such statutory limitation upon the power of the commander-in-chief of the state. From these conscientious your committee are constrained 70 report that no action of the senate respecting the removal and honorable discharge of General Graham should be taken.
 Senator Sumway's motion was again re- newed and carried, the senate adjourninp until II am. tomorrow.
 Taylor Church.
 The Ladies' Aid society of the Taylor church will give maple sugar supper at the church Thursday evening. Unadul- trated sugar from the Berkshire hills has been specially provided for this occasion.
 ON PREACHING.