Morning journal and courier., 1891-02-12
STILL UNSETTLED.

O~1AAAAAAsO~S
 the Members of the House on the
 Committee Fail to de so-To Report
 To-Day.
 HARTFORD, Feb. 11.-[Special]E Outside of the report made by the senate commit tee of conference nothing of importance was done to-day and matters are still in g very doubtful state.
 The Senate. E Promptly at 12 o'clock the senate was called to order by President Pro Tenn. Read, followed by prayer by the chaplain.
 Senator Pierce, dem., of the Fourth, of fsred the report of the senate committee of conference, which was read and is as fol- lows:
 THE COMMITTEES REPORT.
 Your committee appointed in compliance with the request of the house of represent atives for committee of conference upon the separate action of the senate and house of representatives relative to the state off eers, respectfully beg leave to report: That your committee, in pursuance of their ap- pointment, have met the house committee of conference. That said conference hav- ing been asked for by the house after off cial information by means of senate reso- lution No. 26 passed and transmitted to the house in response to the apparent request of the house for information as to the position of the senate upon the subject, and the house. having been thereby informed that the senate had taken deliberate action declaratory of the result of the late election and that the of- fcers so declared to have been elected had duly qualified, and the house having re- fused to make any formal declaration of the result of said election, your committee clearly understand and had every reason to believe that such request of the house plated the making of some proposition by tho house upon the basis of the action of the senate already taken, with view to removing the obstruction which now exists to the conduct of legislation by the re- fusal of the house to obey the mandate of the constitution and to accept the re- suit of a fair election; but, to the surprise of yonr committee, all the propositions made by the house committee were in conflict with the deliberate convictions of duty on the part of the senate of which the house had been informed and in view of which the conference had been asked. Your committee thereupon informed the house that we could not re- ceive any proposition by the house to dis continue it's present obstruction of the public business which involved action by the senate inconsistent with tho due recog- milton of the officers legally chosen by the electors, and that we would receive with every desire to como to an agreement any proposition looking to the removal of the obstruction to immediately carrying on the business of legislation caused by refu- sal of the house as aforesaid not inconsist- Ike >4@ IL I.l ! ercise of their offices by the state officers | so chosen by the electors, and asked the house committee to make such proposition upon that basis as they preferred. In 1e- sponse to this request the house commit tee refused to make any proposition upon this basis, but made sundry other proposi- tions looking to the creation of an elec- l toral commission. Your committee there ! upon offered to the house committee the following bill for public act, the same to l be immediately passed by both houses: l Whereas, The senate has declared the follow ing named persons to have been legally chosen at the late state election, state officers viz: L- 3 s @ John J. Phelan secretary. and Nicholas Staub, comptroller; and said persons now claim to be
 Ses % any person to be so legally chosen, and by req to exercise the functions of said offices, although they were not voted for at the last cleo to the conduct @ e of the ! of the legislature, that one set of state officers should be recognized by the general as- set of oes be m it just irrespective of all technicalities, that the questionably received the endorsement of large l ly the greater number, if not majority of the ! electors. and not to those who have not received ! single vote, and it is clear that the principle lying at tho foundation of the elective franchise in all the free governments demands the recog
 of legal the res1 ing any contest as as the very right of the election the house of representatives in general assembly
 section 1. The general assembly hereby recog nizes as acting state officers Luzon B. Morris governor; Joseph W.Alsop, lieutenant-governor: J9hn J. Phsan prejudice to any claims under proceedings tc test the title to any office that may be hereafter had In the courts Of this state, whether under this act or otherwise.
 Section a;aa+san Any person voted for at the late
 Wthn fonr months ser sch lectan name may
 complaint to the superior court for Hartford
 county, asking for the determination of the
 questions concerning such election; such com
 plaint shall state the questions to be determined
 ana the facts as claimed by the plaintiff, and
 sn m DO seyed on the n exercising claim
 as other civil processes, and be returned six
 days from the day of service.
 |
 answer as he deems proper, and the court shal
 settle the issue of fact to be determined The
 ally raised by such complaint and answer in ac
 cordance with the constitution and laws, and tht
 judgment of the court thereon shall be conclu ! sive. The court shall make such orders including I orders in the nature of mandamus as it consti
 tutionally may make for the purpose of giving
 effect to its Judgment and of enabling possession of the office in dispute to be given to the perso1
 who may Do or become entitled thereto unde Qaid
 such action as privileged over all other business
 and shall compel the parties to come to issu,
 peal may be forthwith taken to the suprem, court of errors from the decision of the superio hearing and trial of said action and upon suci
 sppea1 If If the supreme court of errors is not
 special term of said court % and said appeal ca snai , Section 5. This act shall take effect upon it
 passage.
 with view to the immediate removal O.
 the obstruction to public and Legislative
 business caused by the refusal of the hous' to. recognize the result of said election
 without requiring the house to take an,
 action inconsistent with their former ac
 tion, and at the same time to preserve un
 impaired, all the rights now existing o1 the part of any person to test the validity of said election and, to provide promp
 and eHectual remedy in the ordinar,
 course of judical procedure for any perso1
 who felt himself aggrieved by the offlcia
 declaration of the said election. The hous,
 committee refused to accept said proposi
 tion. Your committee would receive, ,witl
 an amicable desire to come to an agree
 ment, any suggestions for changes in tn,
 details of such proposition but are of tn.
 opinion that the general plan thus indi cated is the only arrangement which cal
 be made consistent with the right of tn,
 electors to chose their state officers, ant
 the same is fair in it's spirit and just to all.
 NOBLE E. PIERCE, l
 FREDERICK W. HOLDEN,
 TIMoTHY J. Fox, ICommittee II CHARLES F. THAYER,
 JOHN s. SEYMOUR,
 ) Senator Gardner of the Ninth-I nov, ) the report be accepted and print ted in tn,
 journal, which motion was carried. On motion of Senator Pierce the senate took recess until 50 p. m. The senat, } came together again at 1:3O, but outside O ) referring to the proper committee peti tion similar to the one before the house a ! regards the worlds fair, the senate did nt other business, but adjourned until 1:3, ] tomorrow.
 The House.
 The house convened at il am. Mr.Up son of Berlin offered the following bill That all fha ofo+o orr,,o-;o, :.