Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-01-06
BULKELEY STILL BOSS.
by All the eSupreme-Judges
of the Nutmeg State.
NORRIS NOT DECLARED ELECTED
By the Legislature, Consequently the In
cumbent Holds over.
ALAW ON THE SUBJECT BADLY NEEDED

HARTFORD, Conn, Jan. 5.-The Su-
preme Court unanimously sustained the
demurrer of Governor BulkeIey, the hold
over Governor, in quo warrant suit of
Morris, the Democratic candidate. The
Court says that the de 'gation of the re-
suit is an indispensab adjunct to the
choice of Governor as it ! Finishes the only
authentic evidence of an election. Judge
Morris has not been declared elected by the
House.
The court SAYS the right to choose any
State officer, unless the result of the choice
can be published in some way so as to be
obligatory on the whole State, would be no
better than a mockery. 1t would be to give
the form of choice without the reality.
The declaration Is the only evidence by
which the person elected can know that he
is entitled to the Office or the previous in
cumbent know that his term has expired.
Declaration Is Necessary.
The courts can take judicial notice of the
fact of an election, but never of the result
of an election or who is elected until some
declaration is made. The declaration is the
only evidence by which the other depart
ments of the Government and the citizens
generally can know whom to respect as such
officer, and in order that declaration shall
be made of the result of an election for
Governor in way to be obligatory upon
everybody the constitution has fixed the
time and manner in which the General As
sembly shall make that declaration. Unless
the declaration is made in the way so pro-
vided the process Of the election is not COM
plete.
1t is found in the case that there has been
no declaration by the General Assembly;
that the relator had been elected Governor
and it is not claimed that there had been
any equivalent act by any other authority.
1t follows that the relator, whatever any fu-
ture inquiry may show cannot now be said
to have been elected to the Office of Cover
nor, and that respondent remains the de
jure, as well as the de facto Governor of the
State. 1t is, therefore, the duty of all citi-
zens, of the courts, of all departments of the
State Government and of both Houses of
the General Assembly to respect and obey
him accordingly.
The Disagreement of the Houses.
The court then proceeds to consider
whether the present General Assembly has
power to declare the result of the election
and recognize that the two Houses are not
IN accord. IL says: w men eacn house
has approved upon its journal a conclusion
radically antagonistic to the conclusions of
the other upon the same subject, it can only
be regarded as an announcement that they
are unable to agree.
The court says, however, it is still possi-
BILE for either House or both to recede, and
so the power of acting on the case is not
yet lost by the General Assembly. The
lack of law to determine such disputes is
pointed out, and the fact that the General
Assembly is responsible for such lack, since
the Constitution directs it to make laws to
that end The court says in conclusion:
The Superior Court of this State, as a
court of law is a court of general jurisdic-
ton. 1t has jurisdiction Of all matters ex-
pressly committed to it, and of all others
cognizable by any court of law or which the
exclusive jurisdiction is now given to some
other court.
why the Courts Have Jurisdiction.
The fact that no other court has exclusive |
Jurisdiction in any matter is sufficient to
give the Superior Court jurisdiction over
that matter. The trial by the Superior Court
of the questions in the informa tion would |
not be an infrin cement upon the coordinate |
branches of the Government.
Nor of the legislative, if it has been made |
to appear that the present Legislature is |
wholly unable to act in the case. 1t is no in |
the nVPcutiva tO