Morning journal and courier., 1891-11-24

diction in the general assembly over the l choice of 8 governor, the failure of the | freemen to elect can be established only by l a finding of fact of such failure by the whole general assembly evidenced by the action of both it's branches. A finding by one branch will not suffice. If the two houses differ as to the fact of election by the people, the fair list and returns of votes must prevail, and the failure to elect is not found and does not exist, pursuant to the terms of the consultation.
 "The power of the general assembly un- der the constitution, in reference to the election of governor, is limited and re- stricted in peculiar way. The general assembly is not even canvassing board. The treasurer, secretary and comptroller constitute the canvassing board. All the power and jurisdiction that is conferred upon the general assembly is to look at the results of the work of the eanvassing board, to examine the fair lists and the re- turns of the votes of the moderators, and from that vote find and declare the cleo ton of those who appear therefrom to be elected. The result is to be ascertained and determined by the general assembly by mere mathematical calculation. The local authorities, presiding officers, civil authority, etc., are the only proper judges of election under our system of law.
 ssThe only course consistent with our fundamental notions concerning frequent elections, or consistent with the language of the constitution, is to accept the fair list and tho return of votes as they appear upon their face, declare such result, and leave every question which may arise upon a contest to judicial tribunals.
 s'The plaintiff says the governor is elected 1Sx,&h &ha al in, a1aofnra, 1,1aafinty in, November. The defendant insists that the election is not made until the action of the general assembly in January.
 "Even if the legislature should attempt to enact law making the declaration of the election of state officers depend upon something other than or different from the evidence prescribed by the constitution, such law would be unconstitutional and void The constitution in express terms defines what evidence shall be considered by the general assembly as the basis of it's declaration. And the general assembly is powerless to add to or diminish the evi- dence required by that constitutions lpro- vision.
 'tSince the adoption of the constitution the practice has been to confine the exam ination to the fair list and the returns of the presiding officers, and in large num- ber of instances occurring since that time where these documents show no election by the people, their authority has never been departed from.
 ''In quo warranto the right and title to an elective office depends upon the elec- tion, such right and title is not contingent in any degree or manner upon the exist ence or non-existence of certificate or the authorities all concur in tho proposi- finr n voonIornrc 0fhar on11ofarA1 proceedings tue rule may be different.
 "A substantial finding and declaration of the relator's election by the votes 'as re- turned was in fact made by the house of representatives.
 ''The house of representatives had bsfore it the fair list of votes made by the board of canvassers, and the returns of the sev- eral presiding officers of the votes received, counted and declared in the presence of the electors, and from these documents the house found that the democratic vote for governor sas returned was 67 .663, for other candidates 'as returned was 67, ,636, leaving 8 democratic majority of 26 for governor 'as returned.'
 "The finding of the vote 'as returned was declared by the house by resolution accepting it's committees report, which so stated, and by finding the same true. This finding and declaration was within the jurisdiction of the house. It was the plain duty to make such finding and dec laration.
 WRECK OF THE ATLANTIC. The Heavy Storm of Yesterday Re. calls to the Minds of Maoy Citizens the Terrible Disaster Which Oc. cured Forty-five Years Ago. Apropos of the heavy storm which wis ited the Atlantic coast yesterday and | wrought such havoc at Washington and other cities along he coast and which has undoubtedly caused much loss among the vessels, the following graphic account ot the wreck of the i'll fated steamer Atlantic which will be remembered by many ell derly people, will be especially entertain | ing:
 It will be forty-fve years ago nex l Thanksgiving time that dire and disas. trous calamity happened to the steamer | Atlantic, which passed between the citiel of Norwich and New York according te schedule time. She was a newly built boat, and was considered the peer of any that glided through the waters of Long Island sound at that time. On the nighi that the Atlantic left her wharf at Nor wich, November 25, 1946, there was ir progress one of New England's korribl, storms. She left her dock before the ar rival of the steamboat train from Bosto1 and passed down the Thames river tt New London. The arrangements were that all New York passengers who nigh come on the train were to be passed ove to the New London and Northern railroad whence they would be taken to New Lon don. Among these was the great states man, Daniel Webster. By the fury of tn ster, who was accompanied by his wife concluded to stop over in Norwich for tn, night.
 Before the ill-fated boat left New Lon don for her calamitous passage, Captai1 Dustan. the commander, sent a message
 to Captain Jerome w. Williams of Nor wich, one of the best and most successful pilots that ever navigated the waters o Long Island sound, to come down to Ney London and assist him in making the rul to New York. Captain Williams sent bac1
 word to Captain Dunstan that he could no come, and, as the fury of the storm wa increasing, Captain Williams advised Cap tain Dunstan not to attempt to make tn
 passage under the hazardous surroundings
 But tho advice was unheeded, and tn commander and the boat made thei
 last start and their last run il defiance of storms and wise counsels Sh
 had proceeded not far on this route before some parts of her machinery became in operative, and she was left to the crue mercies of tempestuous storm and al angry sea. Anchors were cast out, bu they were insufficient to hold her. Sh dragged them as she drifted during tn night and the succeeding day. At last sh, went broadside upon the shores of Lon, Island, in the vicinity of Rock Point A she careened toward the shore, by the ac tion of the waves, those of her passenger and crew who went over and off tn
 boats at the same time, were mostly saved
 while those who clung to the boa in her severe tumbling, were chief, lost. Some of the victims were found witt limbs gone, caused by the breaking tim
 bers of the boat. Arms and legs wer picked up on the shores that had been tn appendages of persons not recognizable When the boat first struck the shore, s' powerful was the shock, one of the grea boilers broke from it's fastenings and wen high and dry beyond the seas; and, ,strang as it may seem, a little boy was found i, it and alive.
 The exact number of lives lost by thi 4-- IL