The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-01-06
BULKELEY is GOVERNOR.
DECLARED CHIEF EXECUTIVE OF CON-
NEcrICUT DE JURE AND DE FAC1o.

r.. s,,rsue Court Decides Unanimously
4, Favor 9th Hold.over Governor ana
Pvts the blame for This state OF Ahs'rs
n, tAe I,es,s,ature In Failing to Enact
preper Laws for Reviewing Eiectios"-
r.. R.., Claim or Judge Morris ~ to
NJ. r,.c,,o, Was Not Passed Upon.
u.pryoRp. Jan. 5.-The decision OF the su-
preme Court OF Errors in the quo warranto
case OF Judge Luzon B. Norris against GOV.
Bulkeley was rendered to-day. and 1t uphoids
Buckley as Governor de facto ana Governor ae
;ure OF the State. Tho decision. which Is
unanimous. was written by Chief Justice An
drews
The comment Of Gov. Bulkeley on the deci-
siontis that It was just what he expected.
What effect it will have on the Legislature.
which assemblies to- morrow. Is problematical.
The Democratic Senate can no longer ignore
Buckley rs merely . private citizen. for
should they do so and adjourn he
would have the power to call them to-
cether again. now that he has the backing
OF the unanimous opinion OF the Supreme
Court Of the State. In the House another de-
bate Is probable. Atany rate. powerful lobby
influence Is at work. and It Is probable that
both Houses will remain In session for some
time.
The basis Of the argument OF the Supreme
Court In sustaining Gov. Buckley is in the fact
that tho Legislature made no declaration Of
the election Of State officers. and the Court
holds that the election is not complete
until such declaration is made. The provision
Of the Constitution that this declaration
must be made on the second day OF the
session Is explicit, and the fact that no
declaration was made precludes the pos
sibility OF the present General Assembly
~ - L.. IL
the result, as any such declaration now would
he unconstitutional. The only way, the Court
fact Of the majority. he claims is through the
Srns beioes the superor Court sn must b bs
to a Of ~ the yGss
IL asS NJ
.ie sns q. = would s admit q sSoh iPysstisation
ne ths sSdne oA features efSS the
Ssels,Sn is the shelving z e Gen MesSn the
mo- onser MOTIFS and MerSn
implied, but is the logical result Of the reason
natsrs il tSis sass: a. L lasS%petens ns ;
5 sssss s1' and sinf AGsasa in BE- the sS
S s
but %I Sog that shs nd
ssssss sgS Fl RS
inSeved ss i Il. doe, not toSch seSeral f im
much in the dark .as ever. The two houses
sS nast ,es sr's On A At po Xa1s 81 ep e
Ss ess ofe 9 s ssss ss
essrsssts as oo @phed1 1sf'F !sst
u the result u the eiectioR ass
b. .de by the Legislature on the second day
s h ss aaS IL u Ger sh aad sns ee
t t the court will not now attempt to decide
ernorship muddie and proceed to necessary
!he Repablicans only S as essa Sshins !y COY %!
Govern satof Further into ef I'll msp
made that. under certain conditions. the Court
SSua step in a1d settle the quarrel between
thothe ousht 70 have been declared elected sf By y
the returns from the presiding, oiilcers he re-
inc tOV6rnOf. ana as the AS
scmhly did not do 80. tho court
ought to declare him elected or to regard him
p having been elected by such apparent ma
1orty. This claim admits that il the General
Assembly had declared tho relator elected
upon the returns the declaration would
give him oniy. a. .prima facie title to tho
office. ,nnd that II inducted into 1t upon
such declarat ion. he might be ousted there
from upon its being shown that he did not. in
,act. have the real majority Of The votes east
r rsa;a ! elected upon the same returns it
than z decaration by the General Assembly.
%snt z: the present iniCraation Or By
te th votes sourt 4bw9dlly cast for aoverRSr
and Il shall! also appear from the facts therein
the power to mako any declaration in respect
r. the election for Governor. a case would lie
presented OF which the Superior Court might
take Jurisdiction. The Superior Court is ad-
vised that the information is insufficient, and
to sustain the demurrer"
Judge Carpenter agrees with tho decision,
but dissents from some parts OF the opinion.
NEW HAVEN. Jan. 5.-yudge Morris. the Dem
ocrattc candidate for Governor. admitted to-
day that the decision was o great surprise to
him. He had expected a contrary one He
would not admit that this ended the contest,
unless the Democratic State Senate receded
from the position 1t assumed when the Cen
oral Assembly convened q year ago.