Morning journal and courier., 1892-01-06
THE SUPREME COURT SPEAKS.
CONTINUED FROM FIRST PAaE.]

ICONIlNUED fhOM F1hSI fAUH.l
1t is undoubtedly true that the constitu-
lion contemplates that the declaration of
The election of a governor-and perhaps
Of all the state offcers-shall be made in
all cases by the general assembly. And
that the declaration, when made in &C.
cordance with the provisions of the con-
shall be final and conclusive.
The declaration is that the person de-
clared is legally elected governor. When
the people, speaking in their sovereign
capacity by the constitution, appointed
single tribunal to ascertain and declare q
certain result, and that tribunal does SO
ascertain and declare, there is no other
authority that can intsrfere with or revise
such declaration and change the result.
The declaration of the result of an election
is to be made by the general assembly,
and must be made by both
houses acting jointly or concurrent
ly. A declaration by one house without
the other would have no effect. The con-
stitution by its own terms provides no evil
dence of the election of governor from
the examination of which the general as
sembly is to make the finding and declara-
ton except the fair list prepared by the
treasurer, secretary and comptroller, and
the returns of the presiding officers. In
the absence of all legislation on the sub
ject, and in all ordinary cases, the intent
of the constitution would seem to be
that the general assembly should declare
that as result Of the election which is
shown by the fair list and those returns.
The constitution commands the general
assembly to prescribe by law the manner
in which all questions concerning the cleo
ton of governor and ACKNOWLEDGEMENTS
shall be determined.
If there already has, or hereafter there
shall be, legislation pursuant to that com
mand, and other evidence thereby made
admissible, the intent of the constitution
seems to be equally clear that the general
assembly shall also examine the evidence
in making its finding and declaration as to
the result of an election.
The word 'return" is word known in
the law and had the same meaning seventy
years ego that it has now g Blackstone
CON-, 273) When command has been
issued from some superior authority to an
officer, the freturn" is the official state
ment by the officer of what he has done in
obedience to the command, or why he has
done nothing.
Whatever this the superior authority
may require the officers to do, he must
make return The return made by the
presiding officer of an electors meeting
| and his official statement of what was
| done at that meeting is imperative. If the
general assembly can require of the presid-
| ing officers return of things other than
| such as were required by the constitution
| itself, then it must follow that the general
assembly can require the presiding officer
| to do other things than such as he was re.
| quired to do at the time the constitution
was adopted.
| If this is 80, then every election law thai
has been passed since that time is uncon
stitutional, for there has been hardly ont
of them that has not in some way changed
the method. A construction so marrow
and literal as this cannot be successfully
maintained. Section 289 of the genera
statutes repeats the duties required by tn
constitution to be performed by the pre-
siding officer of the electer meetings an,
adds certain others as follows:
The presiding officer of each electors meet
ing in every town, shall make out triplicate list
| of the votes given in the respective towns fo
each OF the following officers, viz: Governor
lieutenant governor, treasurer, secretary, comI
troller, senator judge of probate, sheriff an
representative in congress, two of which lists
shall seal and deposit in the postofflce in sal
the secretary Of state at Hartford, one With
two days, the other within not less than five nc
more than ten days after said meeting, and til
/, | third he shall deliver to the town clerk of sal
town within two days after said meeting.
Section 240 of the statute Isl 1.-THE presidiu
officers SHALL with the certificates upon the r
suit of the electors meetings. which he is r
| quired to send by mail to tn. secretary of stat
send to the secretary his certificate of the who
number of names on the registry lists, the who
number checked as having voted at such electio
the whole number of names not checked, tt
, number of ballots found in each box. viz: 'ge
eral' and representative, and the number n
, counted for being double, and the number r
iected for other causes, which other causes shs
i be stated specifically in the certificate II
| secretary shall enter returns in tabular FORM
books kept by him for that purpose, and prese
| printed report of the same to the general g
( sembly at its next session."
These sections are thought to have bee
: enacted in obedience to the commands
r the constitution.
l. 1t appears from the information tn
| certificates conformable to the requir
ments of both these sections, were sent
the general assembly and were laid befo
it on the first day of the session; that tt
senate has examined the fair lists made
the treasurer, secretary and comptrolle
and the certificates sent by the presidil
officer from all of the towns 80 far as tn
fall within the requirements of section Q
of the statutes, and has declared the pc
sons to be elected to the several officer
who appear to be elected by that examin
ton. But the senate has refused to Q
anime said certificates SO far as they a
required by section 240 of the statutes, al
declares that it is forbidden by the cons
tutional power SO to do; indeed, declar
that it is forbidden by the constitute
from 80 doing.
The house of representatives on the OF
er hand has examined said certificates,
we'll that part which is required by secti
240 and that part required by section 2
and declares that it is unable to find th
the relator is elected governor, or tn
either of the officers named therein, exec
the comptroller, is elected.
The fourth section of resolution of t
house is:
W That the house will take no action declarate
until the senate shall have taken action in
Or matter of an examination of all returns from
section $40 of the revised statutes of 1885, b,
joint select committee on canvass of votes.
ct The attitude of the two houses of t
10 assembly is that of complete and total {
al position, on the one side the senate
"a claring that it is forbidden by the cons
I tuition to examine the certificates ma
at under section $40, and on the other 81
,d the house declaring that it will take
ne action till the senate shall have recogni7
Ill these certificates. These positions SCI
a. to be wholly irreconcilable. The unple
ant suggestion contained in the briefs Il
from partisan motives can find no place
the mind of this court. Every presun
ton is that the legislature is solicitous
O. obey the constitution in its true spi1
and they will not Intentionally viol
it. So when each house has spre
D. upon it's journal conclusions radically
tagonistic to the conclusion of the oil
upon the same subject, it can only be
garded as an announcement that they
re- unable to agree. In the process of
er election of governor, the constitution
a, tended that the general assembly sho1
perform the closing part. That the pr
m ent general assembly seems to be una
to perform that part in respect to the
,s m election, this court is compelled reluctan
to omit. But, as the assembly has not
journed, and as it is possible for either
both the houses to recede from the post
it has taken, the court is not now p
pared to hold that it has lost the power
this ground from acting further in
matter of the declaration of tho elect
of a governor. Prior to the adoption
the constitution, under the operation
the charter of 1862, the general assent
possessed all the powers, legislative, exc
tive and judicial, which it is possible
any civilized government to posse
As expressed at the time, it was king 6
parliament. It's acts and DEGREES bou
the people as fully as though every pers
was present within the four walls VIII
its deliberations were carried on and
a expressly consented to them. Such poy
I could not fail at times to operate harsh
y Many motives may have contributed
the formation and adoption of the cons
tuition, but they all conferred in, or rat
oF 10 h.