New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-06
GOV. BULKELEY SUSTAINED.
DECISION IN IHE CONNECTICUT GOVERNOR
SHIP CASE.
THE SUPREME COURT UPHoLDs THE REpUBII
CAN EXECUTIVE AND ADVISES JUDGE
NORRIS TO GO BACK TO TIE
SUPERIOR COURT
lBY TElRGRArm To TuE IBInINr. 1

|
case III the main sustaining the Republican position,
ana cmphaticay announcing that Morgan G.. Bulkclcy,
kepWlran, Is Governor dc facto ana de jure The
Coh"uohN winch led To the Proceedings In court
are briefly told below: In November 1890. the
electors OF Connecticut baOtcd for Il Governor and
other state officials. by the returns sent t. tho
Secretary Cf state ii appeared that L. l.. Morris the
Democratic candidate Ind a majority Of twenty eight
votes over :. f.. Mervin, the Republican candidate.
Ii also appcaei that mreratorS In certain districts had
not made complete returns rs by law provided That
in certain ballots for candidates OF the Prohbi-
on party had been rejected by the modcrator,. the
stated r,aSon being that they were invalid because
! the word =" for" preceded the word "GovernOr7 at
the head of the tick T. and because they burc the name
| Of the candidate for Judge Of Probate I'm writing.
The same moderator, that re cctcd the above ballots
! had received and counted Democratic ballots that
bore the names of candidate for Judge Of Probate In
writing Many Inconsistencies of similar character
existed. In one instance the number returned by
Democratic moderator rs having voted in certain
town exceeded by several hundred the total number Of
registered voters In the town.
In the fair list laid before the General Assembly
the canvassers mentioned these facts. and aS IT was
apparent that had the returns been correctly made
General Mcrwin and not Judge Morris would have
had majority, the Republicans Of the General A.
sembly insisted that the General Assembly had the
night. and that II its duty under the Constliu-
non. to make fan examination ot the returns OF
mCAerators and 60 back Of the returns and take
evidence concerning ballots cast II necessary correctly
to arrive at II conclusion. The Democratic Legs
lators insisted that judicial legislative power
could ov rturn the modertors return. The senate
being Democratic refused TO unite with the House.
majority OF which Republican, In any action
until the Democratic candidates were MI seated
The House refused TO act until prope: Investigation
Of the returns had been made The senate and
Democratic lawyers contcndcd that the act Of the
/ a. in elected
not Il legal necessity. and that those officers who
had a majority on the face OF the returns had a
right To the Offices.
In accord with this idea the Democratic candidates
for state Offices appeared in the senate ana, amer
taking the oath OF office. made formal demand on the
Republican OiCals. elected in l--- and still IN once
under constitutional provision which says they shall
hod Office until their duly elected and
qualified. Tor the State Offices In each case their de
mand, refused on the ground that they did not
acquire title To the Offices until declared elected by
the General Assembly. that being The Republican
/ claim Then followed weeks OF wrnclng between
the two houses the Republicans again and ogain Offer
ing TO submit all the disputed questions 80 the III
preme COurt Il beard Of arbiuatun composed OF nn
equal number II democrats and Republicans. The
Democrats always refused and daily denounced ""'
,rnor Brsey r, Il usUrpcr. also did Governor lilL
Of New. .l0k. The senate refused 10 recognize hun ~
his officials, and threw all communications received
him Into the wastcbasket without reading. The
Executive secretary refused ddmittanc' 70 TIE
Senate Chamber and there was series of dSgfa' efni
episodes, which the public will recall finally both
houses took long recess. and Judge Morris brought
quo warraI,io proceedings aeaGsc uo, ei1ur iinhc'y
10 compel him 20 show by what authority he held the
Office OF Governor. The came 10 the Supreme
Court In its decision which is unanimous, the court
first squelches the Democratic claim that Governor
Inlkeley is usurper. follows
The Court nnds that The respohdcnt Morgan e.
Buikelcy legally elected Governor the 10Th lay
January 1889 Ghe.e having been election by the
people, entered upon the dute' OF that onoc
Ia,o torn which he elected TIL the "Wednesday
following Monday Of January. 1891. and until
duly qualine1 IT, then. no Successor
him has been chosen or being chosen, has not become
duly qualified. the respondent sti holds the oGce o.
Governor. holds that onco since the said W incs1ny
In January 1891 by the warrant that he held Il prior
dat and continues TO Dc the de Juro Goyehor o
the State.
Passing To tho Democratic claim that Judge Morris
wa, entitled 10 the office by Of the face Of the
moderpors' returns. the court says:
Tla: pt Of the eec lol process which consists oi ~"
exc else by Of their choice j. wholly performed
by tho electors In the electors meetings Thai
part Of /, often spoken Of the election. But It Is
not the whole Of election. The drrllatcn u the
result Indispensable adjunct I" that choice Scan'"
the frishcs the only Authentic evidence o
wha the choice The right to choose STAT officer
,nloss the result Of the choice DE- published H.
way b. Obligatory the whole Stat would be-
no better than mockcry; It would give the form o choices
VI It lie
which the person elected can kh"" That he = "htlud
IN the orice or tho u eNOus incumbent know nat hi'
trm has expired T1c courts can take Judicial notice 81
IA. fact election but meyer OF the rc-ult Of an
eection or Of elected unit! some decarltoh l.
made The declaration the only evidence by when IN"
other departments Of the Government and th" ciuhl'
centrally can whom - respect a. such ohc"r'.
And In order that declaration shall bc made Of the result
Of an election for Governor ln a way to be obligatory
ulon everybody. the Con.ttuton s MD the
tunc and nanner IN which the General Assembly
shall ths, declaration. Unless the declaration
T.. adc the Ma - rIoS ded The process c ti election
j.. not complete. found IN tn that thoi" Lad ''
deca ration Of tnc General Assembly that judge Mo,F
had been cectcd Governor and II j. not ciih'n "1'
there has been any equivalent at BY any oh'f y
follows Judge Morris whatever any future mdlN NAV
show cannot DE- aid to ha,c been elected :" the
oaicc OF Governor and Bulkcc' "nanS The
Jure well ss the de facto Governor o. u' stat -
f.. therefore duty all citizens, 4 the courts " all
dcp,rtment, Of the and Of both houses
! Of the ;,cneial Assembly O respect and Grey MN a'
| coIdngy.
! The Democrats claimed that no authority existed
for reviewing modcritors' returns by the "'n'ial N'
sembly or going behind these returns The court
contradcts this theory and gives ciaDo'1' "n" W"
| vinclng for its decision.
| The court next points to a way out OF al inc
| difficulty as follows: - -,
IL might be argued that 1t would bring deserved oblo
ouy on the Jurisprudence OF this state t"'' was i"
.ay in rclator could establish t' ri2h' """
| =. claims When the time /. passed within "hich IN"
General Assembly may ITS jurisdiction j. zone 10
,od that Assembly has such exclusive '"I'p'r"o'
that the court have the right 10 act "oun
h. 10 AFFORD instance whcl ha2idht Nl''e va wa
out a remedy. That such result hnph' '"'o" - "
uowerfu reason why that construction o"IhC "o' " oo
| adopted. \ trial by the superior Oo''' " Wv '''
ons in the information would not be- an hiil-"'"1 upon
40 uow.l of the coordinate banche- o. ia" Government
IN act courts, upon general HIhcp'rS' '"u l"
nre\ent the failure Of justice. and perh'pS !" prevent
anarchy ard n;srulc De authorized To make
| / haA hpf
present Legislature wholly unable - act III tr ''N'
is no infringement upon :hc executive powers I" "'d'