Morning journal and courier., 1892-01-06

assembly. because as appears by the re-
turns from the presiding officers be re-
ceived majority of all the votes cast for
governor. And as the assembly did not do
so, the court ought now to declare him
elected or to regard him as having been
elected by such apparent majority.
The claim admits that if the gen.
lator elected upon returns, the declaration |
would give him only prin,a facie title to |
the Office and that if indicted into it upon |
such declaration he might be ousted there
from upon its being shown that he did not
in fact have the real majority of the votes
cast for governor. If the court should de-
clrre the relator elected upon the same re-
turns it could give him no stronger title to
the Office than declaration by the general
assembly. He could still be ousted upon
proper proceeding. It would be most
unseemly for the court to occupy itself in
putting the relator into the Office of COVER
nor if by any possibility it might happen
that the court would be required to remove
him from that Office as soon as he began to
exercise it.
The writ of quo warranto is the form of
action specially adapted to try the rights of
an Office. But it tries only the real title.
1t can never be used to try an apparent
title. 1t gives judgment on that title alone,
which cannot be afterwards called in ques-
ton. The information does not allege that
the relator had the majority of all the
votes, but only the majority as it appears
while other parts of the information show
that such apparent majority is in dispute.
Nor does the information contain any
allegation that the general assembly had
become unable to decide upon the REALTORS
right to the Office he claims.
If the relator shall hereafter, by an
| amendment of the present information, or
by a new one, allege that he received ma
| jority of all the votes lawfully cast for gov
ernor on the 4th day of November, 1890,
| and it shall also appear from the facts
therein stated that the general assembly is
without the power to make any declaration
in respect to the election for governor, a
case would be presented of which the su-
| perior court might take Jurisdiction.
| The superior court is advised that the
information is insufficient, and to sustain
the demurrer.
Judge Carpenters Views.
Judge Carpenter, not concurring in all
the views expressed by the court, prepared
the following qualifying opinion to go with
the general finding of the court, he, how
ever, taking care to state that he agrees
with his associated Judges that the demur-
rer should be sustained. He SAYS:
agree that the demurrer should be sustained
and mainly for the reasons expressed in the fore
going opinion. But cannot concur in all the
views expressed on other matters especially
those relating to the powor of the general as
result after the second day of the session. Meth
err do wish to be understood as wholly dissent
ing. I thin it wissr to say nothing as the cour
is not called upon to express any opinion on thai
subject for several reasons:
| 1. The case lays no foundation for IL, the rec
| ord does not present that question.
2. 1t has not been discussed by counsel OF
| either side.
J 8. The question related to the constitutions
power of the general assembly in matter
within its jurisdiction AS coordinate branei
privilege to determine that question for itself
sub ect possibly to the power Of the court, t
| declare the legislative action void il it clearl.
violates the constitution and does injustice.
4. If at any time the legislature should asl
: | arise.
/ did hope that the court would consider NOR
: fully and decide whether the legislature has tn
right to consider the statutory returns in deter
6 | mining the result of the election, as that wa
: fully discussed and could not have been regard
ed as obiter. Moreover, that is the rock o
3 which the legislature split. Another importan
3 point might, ami 1 think ought to have beer
sns shat as hs ssnd
| | the legislature has not corrected or change
DO se 5e a it as has the
9 result of the election: am aware that the opir
| that the superior court would have the power I
1 determine for itself the result. 1 am not preps
;. | ed to concur in that view, as remember tina
/ question was not argued. should prefer to hes
q | il fully argued before deciding it. II the que
: had been decided one way way, perhaps the cou
/. | might have retained jurisdiction and disposed {
S the case think, on the whole, that II IS as we
settle the matter
+ For Stealing Dresses.
,;o1y f1x,o 10
n in this city, charged with stealing dress'
from the Montowese hotel in Branfort
. She was taken to Branford by Dsput
Il Sheriff Carney for trial.
l. MILITARY NOTES.
8 Resignation of Captain Lehr-Th
Il Grays' Dramatic Entertainment
~ The Foot Guards.
% The Light Guards held their regul
% drill last evening when the company a.
D peared with unusually large numbers. A
of the sixty-eight members of the cor
e pany attended the business meeting in II
le company parlor, where Captain Fred
10 Lehr, who presided, made an announc
IL ment that was very unwelcome to a
40 Captain Lehr stated that, owing to mar
le duties pertaining to his business, he won
% tender his resignation as commander
- the company. Although Captain Lehr
a young man and has not been long at Il
re- head Of the company, he has filled the p
al sition ably and so satisfactory to the mel
d u bers that his resignation will cause mu'
d regret among the Light Guards.
~ After the meeting Captain Lehr stat
y that it was very reluctantly that he hi
q decided to resign, but as he considered t
=, step necessary he should forward his resi-
", nation soon.
~ Several members of the Grays met
" their room last evening for the purpose
10 making arrangements for the theatrical 9
40 tertainment which the company will gi
y during the winter. The members oe t
~ =. association will vary the performance fro
sS the minstrel entertainment, which t
vs. Grays gave last season. 1t is their int
AZ AZ ton to give play of some kind, but
w play has yet been selected.
10 The Foot Guard had drill last evenil
y. which was largely attended. A busine
meeting, at which Captain Wooster presi
ed, was held after the drill.
- Resolutions of coincidence will be sent
=. the relatives of the late George Liefeld,
=. company member whose funeral was
IN tended yesterday. The company passed
- vote to send $25 from the treasury to t
-, | relatives of the deceased.