The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-01-06
Republican Victory in Connecticut Courts

HARTFORD Conn, Jan. 5-The supreme
court unanimously sustains the demurrer of
Governor Bulkeey. the hoId-over governor in
the quo waFranto suit Of Alonzo A. Morris, who
was the Democratic candidate at the last elec-
ton. The court says that the declaration OF
who is elected is the result of the indispensa-
bic adIunc. 10 the choice of governor as il fur
nishes the only authentic evidence of election.
Judge Morris has not been declared elected by
the House OF the legislature. Unless the dec
ciaration Is made in the way provided. the
process OF electionism not complete. II is found
that III this case there has been no declara ton
by the general assembly that relator had been
elected governor, and it is claimed that there
has not been any equivalent act by any other
authority 1t follows that the relator, whatever
any future inquiry may show, cannot now be
said to have been elected to the Office of gov
ernor, ana respondent remains dc jure as well as
dc fdcto governor of the state 1t is therefore the
duty OF all citizens, the courts of all depart
ments, the state government and both houses
OF the general assembly to respect and obey him
accordingly.
present general assembly has power to declare
the result of an election, and recognizes that it
has when the two houses are in accord The
court says however. that it is still possible for
either house, or both, to recede aud SO the
power of acting on the case is not vet lost bv a
general assembly. Lack of law to determine
sutl uispuRes Is pointed out. ana that the gen.
eral assembly is responsible for such lack since
the constitution directs it to make laws TO that
end.
The court says, in conclusion:
To decide what person is lawfully elected to
any office is judicial process, and where there
Is no tribunal specially authorized TO make
such decision the courts must decide and
where such a special tribunal exists, il il re-
fuses TO act, or from any cause fails to act,
then the courts, upon general principles, and
70 prevent the failure OF justice, and perhaps to
prevent anarchy and misrule, would seem to be
authorized to make decision.
lat the Connecticut election in 1890 the two
leading party candidates for governor were
General f. S. Merwin, Republican, and Alonzo
b. Morris, Democrat, both of New Haven. The
Prohibitionists and LABOR party also had candi-
dates. The state constitution requires that a
candidate must have ma ority of all the votes
cast in order TO be elected. In making
up their returns some local canvassers rejected
Republican and Prohibition votes for alleged
infOrmality, which gave Morris majority over
all OF twenty-six votes. When the legislature
met the Senate was Democratic while the House
was Republican. The Senate accepted and can
yassed the returns, while the House refused to
take any action in the matter unless the ball OTIS
which had been thrown out should be counted
The deadlock on this question was never
broken. In the meantime Governor
Bulkeley, Republican, OF Hartford, retained
his Office in spite of all efforts TO oust him. and
as governor de facto even the governor OF New
York was forced to recognize him in an extra
dition case Morris then brought the quo war
ranto suit. which has been decided against him
after a long fight This virtually settles the
status OF the other state offcsrs, who have also
been quarreling over the question OF who were
entitled to the Offices, and ends a matter that
has been for year a source OF great annoyance
to the people OF the state.