New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-28
MERWIN THE RIGHTFUL GOVERNOR.
EFFECT OF TIE DECISION OF JUDGE HALL IN
THE PHELAN-wALsIr CASE

TIE PHEIAN-WALSII CASE
Nev-IIaven, July 81 (speclaD.-Judge Han tmS
morning filed in the SupcTio: CGmt here his hhuihS
in the quo warranto OF Phelan against WASH
which involves TO a certain degree, the famous "oN
ernorshp controversy. 1t will be remembered VA.
Democratic moderator In Bridgeport rejected 10 hc
publican ballots cast at the last Ciubernaic r1al CIV
tion on the ground that slight speck whic" ny
pcared on them. and which experts at the tine Sao
was made from the PRIMERS rolls. had been male ior
the purpose o. making 1t possible tell whether 'heS
had been cast by persons bribed not. on the lic
OF the returns Luzon b. Morris had plurality o' ="
votes The Republicans claimed that the BrdgePo''
ballots were wrongfuly rejected and that thereio'
Morris was not entitled TO the Office Of Governor Inc
question in dispute they offered to submit to the oo
M the outset. This offer the Democrat. reiu'o"'
The Republicans offered TO submit the matter I" d
partisan commission. This oher WIS h'''
fused In short, all offers made In the interest," vi
fair play were continually rejected by the Democrats.
who steadily refused to dispose OF any legislation uh
Morris had been seated. Thus the deadlock In inc
General Assembly continued. Phean was the D'"o
cratic candidate for Secretary OF state. The hep"o-
leans did not assert that he was not el'ctu' ''.'
simply insisted that the face OF the returns OF "e
nfoderators was not the final evidence. and th't VI"
whole question concerning the rejected ballots sho'
be inquired into by proper tribunal FOR the P"Po'o
OF getting some political capital, If possible an" 'N
Ing that Phelan had votes enough to elect him tnc
Democrats resOrted TO quo warranto proceedings u
compel r. J. Walsh the holdover Republican, t. SNOW
cause why he held the Office Of Secretary.
Judge Hall finds that the face OF the roturls VI"
relat0r Phcan had y majority OF the votes c"n"'
fact thnt has always been admitted by Repuhh'ahs'
but the claim OF the Republicans Is that II the No'cS
legally cast had been connted this apparent maJosl"
would not exist In regard TO the claims OF the NC
nublcans and Democrats rs 10 the different DaH"s'
he Judge finds the form in which The respective D'o
are cast and the circumstances under when they WIZ
cast leaving II for the Supreme Court TO decide Us
matter OF law whether the ballots 50 cast shono "V
been counted for the Republican or for the Deino'Ic
candidate lie finds that the Prohibition ballots "'e
not illegal on account Of che Of the word TOT
The finding decides nothing in favor Of the Dem"ra''o
oartv which has not always been admitted. bh IL
does find that the Prohibition votes which have pee"
rejected should have been counted. and That u'Ne
were no distinguishing marks on the l24 bridgeport
ensched ballots and that the claims OF the Republicans
IN regard 10 the "for- ballots and the specked bhlios
we're truc. This finding II It decides nothing Use.
dccy~s that Judge Morris did not have ma'vnty OF
the votes which legally cast ana SHOWS 'i''
General Merw1n has been deprived OF the ofc" 81 "oV
ernor TO which he WIS entitled. 10y the un1u'ao ana
illepal action Of the Democrats. In explanation 81 Hc
finding I'm regard 10 for ballots II should be S'teo
fiat The Democrats claimed that large nnm1er OF
Prohibition ballots upon which the WON TT Pl'
coded the word Ex-Governor" shoud b" rejected D'.-c
me Ras law prohibits the " supeiiiuonS TvNiS.
The finding u Judge Hall is complete knockout TUT
the Democrats.