New-York tribune., 1891-03-06
HILL AGAINST BULKELEY.
ANOTHER REQUISITION FROM THE LATTEB
DENIED BY NETWORKS GOVERNOR.
GOING INTO LONG ARGUMENT TO PROVE TnA7
MR.. BULKELEY is NOT A Gov

LrNOR DE fAOIO
Albany, March 5-A requisition was presented 70
Governor Hin to-day, signed by Morgan G. Bulkeley,
Governor" for the return Of John T. Colbert accused
OF horse-theft committed at Danbury Conn.,. Feb
ruary "a, 1891, and now held In the Jail at Carmel,
y. Y. Governor Hill again refused to honor Mr..
Bulkeley's signature Governor, the ground that
Mr. Bukeley is not the proper executive authority To
issue the writ With his refusal Governor Hill eled
a lengthy opinion, as follows:
New.York
Executive Chamber
All any, March 5, 1891.
In this adhere the determination which
reached in the Pardon and refuse equisltion upon
ground that Morgan G. Bukeley. the individual who
the papers, is not Governor OF Connecticut. Tho
decision in the Pardon not reached hastily but
careful debestlon and subsequent reflection has
only served confirm the correctness OF my position
decline to recognize person as Governor who was
neither elected such by the people has any legal or
equitable title to the Office and who is not recognized as
Governor by the highest legislative body in his own
state. When Senate Of Connecticut epudiates Mr.
Bulkicy declines TO permit his messengers TO nave
chamber refuses TO receive his COM
municatons which he attempts to foist upon IL, ana
utterly ignores nominations and in possible way
rejects his pretensons cannot be expected under such
afford him recognition in this State which
he is unable to secure in his State.
convincing and satisfactory proof that
Judge only received large plurality, but IN
majority OF the cast for Governor at tho
recent election upon the face OF the returns ana has
declared duly elected by the Senate He Is Governor
OF the STATE de jure, having duly quaihed oy taxing
and filing the required oath Of Office which is the only
act to be performed by the condition precedent TO
his right exercise the functions OF his once lie Is
acting as Governor so far he is permitted to DO So
Bulkeley a and. "a such. has no claim 70
te considered Governor d. facto.
usurpaton. done without coiof "
authority under circumstances conceded to exist IN
Connecticut. do make individual an Official dc ac'e
Judicial decisions the subject are all 10 ts ehees
In People agt Albertson, How. Pr S53 1t was held that
claim under appointment TO Office when Dy Ia" ~
elective cannot constitute claimant officer de faeto
and in COnover's case. Abb, Pr. 13, People ass'
Peabody Abb. Pr. 22S, and Mayor OF Ncwfork a2t
Flagg. Alb. Pr 296. 1t held that where puonc
had been duly elected appointed to an ONCE
and had done all power toward assuming possession
office that he to BE- deemed In Jaw 70 DC hsns'
fuy possession OF such Office and emitted 10 recoshi-
ton In such 50 il wa. held by the General Term, In
the Fourth Dersrtmcnt the OF Cronn agt Gundy.
.3 Hun 524 cannot Oe both an oieer dc Iure
another de cto performing duties oil the onee al the
same time; citing BoaTdman agt Halliday, 10 rage %-oi
Ptoplo agt. Peabody, supra and Morgan agt ouaek'
bush % Barb. ~ Tn, was affirmed BY the Court
OF Appeals in 81 " y, 27L
From careful examination OF the legal authorities upon
question and from opinions OF able counsel VINO nave
te a consulted, ADVISED and satisfied that IL Is my
duty decline all rtqui,tons coming rom Dukeley uhder
t. present situation u adaiss ia Connecticut mere
intruder Office not been recognized as
valid bv the LEGISLATURE Judicial departments OF his
State cannot cOMplin u tne ENcutNeS VI oNVf
state, refuse countClIagcc his usurpa;on When
,,uts tlon pap.rs are presented 10 the Executive.
he must Judge authority validity and sufcency.
II lie rejects he exercises discretion
which is not reyiewae any court. II there is dis
pue as to the ovenoshp Of state. and more than one
pcrson claims the right in such State To exercise the
executive functions, he is called upon to determine who
he will recognize.
T. is but recently that in Nebraska there were thres
p,rsons claiming be entitled recognition Governor
of the State and two OF them claimed the time
to be in possession Of the office. Had tequson
at that time been presented from OF the three
persons thus claiming right the Office It would have
my plain duty have decided which claimant to the
office 1 would cognize And it is but few years age
that az the hen States 70 wit: Louist
ana Florida and South Caroline, there were at the same
time persons claiming e. be legally entitled 10 ths
Office Of Governor in state and claiming TO be In
possession the Office, and at such time requisiton
presented to tie Governor OF this state from one
Of the persons claiming title TO the Office OF Governor In
either states, the Executive OF this State would
been compelled to refrain from acting at all
rmncc himself the question whetner tne
peson the requison represented the iawfu!
Executive authority OF the from which it issued
responsibility OF the proper determination OF sucn
questions Which Is imposed me by the constitu
the land, which am not disposed to eVaoe
and which | II l would cast upon another
would gladly a reGuisitlOn for the surrender Of
fugitive justice coming from the lawful Executive
authority OF Connecticut IT, any the lawful
Executive authority OF that State Is at present poweriess
exercise proper functions, 1t is pubic lnsioruhe
which would however afford justification 70 me should
give Official recognition who unlawfuly claims the
ri cht 10 exercise authority. While have no SYM
ahy with eeing from justice neither have
any aid give a ustrper Of public Office The injury
which may result escape OF person charged with
crime Is not compared with the great wrong which
ms been done 70 the people Connecticut by the attempted
denial of constitutional right to elect their public
officers pA'iD ID iiii-H'
ANGER DEEPENED IN CONNECTICUT