Morning journal and courier., 1892-04-20
SECRETARY wALsH,s ANSWER.

The Quo Warranto Proceedings Ad. vanced Another Step-The Answer | Denies That Phelan Had a Majority | of the Votes Cast-Other Questions | of Fact Raised.
 Shortly before noon yesterday the coun- l sel for R. Jay Walsh, secretary of state, filed the answer in the quo warranto pro- ceedings of John J. Phelan against their client. Several questions of fact are raised in the answer, which will necessitate trial in the superior court. One of these facts is that the republicans deny that Phelan received a majority of the votes cast for the office of secretary at the last election.
 The counsel for the democrats will do nothing to prevent the closing of the pleadings and on Friday will ask the court for special assignment of the case.
 They have also put on the short calen- dar a motion for argument or judgment on demurrer, motion for limitation of time plead, in the case of Sanger vs. Treasurer Henry.
 The answer is as follows:
 State ex rel. Superior Court,
 vs. New Haven County,
 R. Jay. Walsh. October 1891.
 DEFENDANTS ANSWER AND RETURN.
 The defendant denies the allegation of the in- formation "that the relator received @ majority of all the votes lawfully cast for secretary on said 4th day of November, 1890, D and denies the assembly @ e as H set forth the complains 'is finalty, and that any other or further ac- declaration of the election of a secretary is i'm practicable and impossible, and denies this da% of 1sa ana has rS hn faa tha time, used and exercised and still does use and exercise, without any legal warrant or right whatsoever. the said ofhcs of secretary" and denies the allegation that by reason of the facts therein before stated John J. Phelan was, at the general aae election held on the 4th day of state for two years following the first Monday of January, 1891, and denies the allegation that up general assembly said John J. Phelan has been upon taking the oath as provided by law enti- S s said dxntss Sse anS and s9 a ns en that the claimed right of. this de nitted by u the senate, but is denied by that body and that he is not recognized by the senate as the lawful de facto or de jure secretary of this that the acts of this defendant as secretary are without legal warrant or right. and denies each and every allegation that he usurps said office, and denies that his acts as alleged in the infor- nation menace the peace, good order and well Iaro or SCdG0 ana or ClGlZeHS CQoreOI. Ana denies the allegation that the relator viz, on or about January 18th, 1891, ''then was and ever since has been and now is duly qualified as such secretary
 The defendant admits all the allegations of the information and complaint except the allega. return says that the general assembly of Con nectcut at it's January session, A. D. 1889, to wit dsa na s of both houses choose him to be secretary for the term of two years from the first Wednesday a1Sr una f hs % sho1d bs da; S chosen and qualified, and that there by and as l has ever since acted and still does act secre tary because, he says, although two years from l the first Wednesday after the first Monday o | January, 1889, have expired, that the general as sembly has not yet found or chosen or declared | any person to be legally chosen his successor and has not notified him or any other person tha
 they had fonnd or chosen or declared a successor chosen to him in said office and that neither the
 superior court nor any other competent author l ity has rendered any judgment which is legally
 equivalent to such declaration or finding, O
 fore the defendant says that the process of sail ! election is not complete and that no successo
 to him in said office of secretary has been chose1
 And the defendant further says that at tn
 general election, held on the 4th day of Novem
 to the number of is5, 7ss and more @ of which tn ! other persons had - and more, and that tn | relator lacked more than 700 votes of having
 majority of all the votes lawfully cast at sai
 election for secretary That the general assen
 ply, and no other tribunal, had the right an l power to find and declare who. if any one l had been chosen secretary, and if no on
 was chosen, then it had the right and power t
 choose one of the two persons having the great
 est number of votes to be secretary. That tb l relator and said George P. Mclean were the tw | persons having the greatest number of said vote ! and the general assembly has not yet adjourne l without day. and has not yet chosen either 0
 said persons to said office, but still has the Dowe l to make such declaration or such choice, and tn l said George P. Mclean is not party to this ir | formation nor any other proceeding brought l determine the question who if any one has bee l legally chosen and qualified to succeed this dt fendant iu said office of secretary, and tho d, ! has caused an investigation to be made into tn , fact of said election and has found and declare , ! ''that no person has a ma jority of the whol number of votes lawfully cast for secretary, an ) that the names of the two persons having tn greatest number of votes for secretary ar , George F. Mclean and John J. Phelan," whic finding and declaration by the house of repr. sentatives stands unreversed and as matter ( 7 record in this state and the citizens, the court l all departments of the state government an both houses of the general assembly have recof
 nized and still do recognize this defendant as tn
 de jure and de facto secretary of this state. Wherefore the defendant says that no succe . | sor to him in said office of secretary has bee l not usurp said office, but uses and enjoys sai | office, it's rights and dgnities, by warrant an ] authority of the law, and asks to be dismissed l this court of and from the things charged upo
 H. c. ROBINSON, , WM. O. CASE, CHAs. J. COLE, [ Counsel for defendant