Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1891-03-04
ELECTION DISPUTES.


A.BiI Providing a Way to Settle Them
The following bill was introduced in the
house yesterday by Representative Judson
of Stratford:
Be it enacted by the senate and house of
representatives in general assembly con-
vened:
Section 1. Any person voted for at the
election held on the Tuesday after the first
Monday of November, 1899, or biennially
thereafter, for either governor, lieutenant
governor, treasurer, secretary, or comp
troller, and claiming that he received a
majority of all the votes lawfully cast at
said election for such Office, or claiming
that no person received a majority of all
the votes lawfully cast for such Office, and
that he is one of the two persons having
the highest number of votes so cast, may
bring his petition to any judge of the
superior court, alleging all the facts upon
which such claim is founded, which shall
be served upon the party against whom
such claim is made, at least two days in
elusive before the day of return, and shall
be made returnable and returned to such
Judge, on or before the 5th day of Decem-
ber next after such election, and said
Judge shall thereupon, and on or before
December 22nd, hear and determine said
petition, and his decision thereon shall be
conclusive, subject to an appeal to the
supreme court of errors, as is hereinafter
provided.
If he shall find and decide that said
petitioner received a majority of all the
votes lawfully cast at said election for
such office, or that no person received
majority of all the votes cast, and that the
petitioner is one of the two persons hav-
= of
and if he shall further find that the num-
Der of votes given for any candidates at
the said election, for said Office, have been
illegally or improperly counted or not
counted, or returned by the presiding Off
GERS to the secretary of state, he shall rem
der Judgment in accordance Herewith,
and he shall specify in what respect and in
what manner and to what extent, any
votes have been illegally or improperly
counted or returned, and whether any
votes that were lawfully cast have not
been counted or returned to the secretary;
and he shall on or before the Wednesday
after the first Monday of the next succeed
ing January make return of such judg-
ment and finding, with all the facts found,
duly and specifically set out, to the secre-
tary of state, who shall forthwith cause
the same to be laid before the general as
sembly on the first day of the session.
Section 2. If any person, being party
to any proceeding brought under the first
section of this act, shall be aggrieved by
any decision of the judge of the superior
court upon any question of law which
may be raised before him in the hearing
had upon such petition and to which he
shall have duly excepted, he may within
forty eight hours after such decision is
rendered, take an appeal forthwith to the
supreme court of errors, which shall be
deemed to be in session for that purpose
at Hartford; and the chief justice shall
forthwith cali q special term of said
court, and said court shall forthwith hear
said appeal without delay, and shall rem
der decision thereon, on or before the
first Monday of the following January.
1t shall be the duty of the clerk of said
supreme court to file the record in said
case, together with the judgment and
| opinion of the supreme court thereon, in
| the Office of the secretary of state before
the Wednesday after the first Monday of
the next succeeding January, and the sec
| retary shall forthwith cause said record
jud gment and opinion to be laid before
the general assembly on the first day ot
| the session.
Section 3. 1t shall be the duty of tn,
general assembly whenever a hearing il
had, as is herein provided, before any
| 1udge o. the superior court, anu When anl
correction of the returns of the presidin!
officers is made by said iudg
of the supreme court, and befor
it makes any declaration of tn
election of any person, under the provis
ions of Section of Article " of the con
stitution, to correct the returns of tn
presiding officers, in accordance with tn
judgment and finding of such judge of tn
superior court.
if the appeal has been taken from tn
opinion of such judge to the suprem
court of errors, in accordance with tn
provisions of this act, then it shall be tn
duty of the general assembly, before
makes any declaration of election as afore
said, to correct the returns of the presid
ing officers, in accordance with the find
ing, judgment and opinion of the suprem
/ nnnrt of Arrnrs