Morning journal and courier., 1891-03-18
THE HUDSON BILL

Sides-A Short Session In tne SeAaSo -Gevernor Waller Lays 1t Down 10 the Democrats.
 HARTFORD, March 17.-[Special. Many of the members of the general assembly appeared at the capitol to-day with bits ot green ribbon in their buttonhole, while in the rear of the speakers desk in the house an American and an Irish flag were lacked to the wall Early in the day ex-Governor Waller appeared at the democratic caucus and in short but eloquent address told the democrats to stand by their present position and by no means accept any prop osition unless it was to submit the ques- ton to the people for their opinion as to who rightfully should be governor. In the house the Judson bill was fully discussed and passed by party vote.
 The House.
 The house convened at Il 80 p. m. Af- ter the passage of resolution 1ntroduc- ed by MT. Futile of East Haven limiting all future debates to ten minutes for each person taking part, the Judson resolution was once more taken up for discussion. Mr. Judd, dem., of Litchfeld was the first to debate, which he did, con- demning the resolution and holding that as MT. Morris had already been elect ed, they could not consistently vote for any such measure as this.
 FROM THE DEMOCRATIC STANDPOINT. Mr. Root, dem., of Waterbury followed with an argument of his side of the issue, during which he said: "Can the judiciary of Connecticut assume the duties imposed by the constitution upon the legisla- tive departments Can the judiciary dic- tate the course of proceedings in the general assembly! If, by reason of it's un- constitutionality, any finding or determina- tion that a judge of the superior court might make or arrive at would be entirely nugatory, have we any reason to expect that resolution of this character will meet with the approval of the judiciary? Suppose this assembly should not be satis- fled with the result of the investigation provided for in this resolution, should decline to amend the returns in accordance with the finding of the court, should final ly be aroused to the performance of it's duty under the constitution and make 8 declaration as to the late election incon- gruous with the judicial finding. There would then be offered for public contem- plation the spectacle of direct antagonism between ths legislative and judicial depart ments of our government. Suppose, fur ther, that the present executive department should be in doubt as to which decision was valid, that of the legislature or that of the courts, and should appeal to the latter. Then would be presented the extraordina- " spectacle of the judiciary sitting to determine whether it's own action or that of the legislative department was valid, with the possibility of being obliged | to find that its own decrees were absolute | ly void and of no effect Any resolution which thus renders possible such disas- | trous complications can not, in our judg- ment be constitutional The judicial de- partment should not even be asked to make a decree which it has no means of l enforcing and which another department may eusly override. This appears to us | to be the supreme reason why this resolution must be intellectual. "It is pro- l vided in the constitution that the general assembly shall by law prescribe the man. ner in which all questions concerning the election of state officers, shall be deter mined. Such provisions have been made. The general assembly has prescribed with | great minuteness how elections shall be conducted, how the ballots shall be cast, | counted anu returned. It mas gwen no
 power to any person between the moder-
 ator and the general assembly to determine
 the legality of the votes cast, and we have
 no right at this late day, to interject 6
 tribunal invested with such power. The
 citizens of this state have the right to ex-
 pect that the returns of the moderators
 shall be submitted to this assembly and
 that we shall examine them and de-
 clare the result, within the time limited by
 the contribution. If such tribunal should
 be established, if this house and the sen
 ate, in violation of the constitution, the
 statutes and the rights of the people
 should unite at this time, by way of arbi
 tration, in the creation of such tribunal
 such majorities might vanish and they might be sustained. We have glaring in, stances of the differences of opinion among men.