Evening journal., 1892-01-06
BULKELEY Is GOVERNOR
Connecticut's Supreme Court
Decides Against Morris.
THE FINDING WAS UNANIMOUS.

L
Had the State Legislature Enacted Proper
Laws for Reviewing. Elections the Re-
suit Might Have Been Otherwise.
Judge Morris Taken by Surprise.
HARTFORD, Jan. 6.-The decision Of the
supreme cours Of errors in the quo warranto
case Of Judge Luzon B. Morris against Gov
ernor Bulkeley has been rendered, and it up
holds Bulkeley as governor de facto and
governor dc iure OF the state. The decision,
Justice Andrews.
The comment of Governor Bulkeley on the
decision Is that it was Just what he expect
ed. What effect it win have on the legisla-
ture is problematical The Democratic SEN
alto can no longer ignore Bulkeley as merely
q private citizen, for should they do so and
adjourn he would have the power to call
them together again, now that he has the
backing Of the unanimous opinion OF the SUI
preme court Of the state
In the house another debate is probable
At any rate, a powerful lobby influences is
at work and it is probable that both houses
viii remain in session for some time.
Basis OF the Argument.
The basis Of the argument Of the supreme
court in sustaining Governor BullSeley is in
the fact that the legislature made no declara-
tion Of the election Of state officers, and the
court holds that the election is not complete
until such declaration is made The pro-
vision Of the constitution that this declara-
tion must be made on the second day of the
session is explicit, and the fact that no
declaration was made precludes the possi-
bility of the general assembly from com
pleting the election by declaring the result,
as any such declaration now would be un-
constitutional.
The only way, the court says, that Judge
Morris can now establish the fact of the ma
| jority he claims is through the superior
court, Any future action lie may bring be-
fore the superior court must be amended to
claim majority Of all the votes cast, not a
majority on the face Of the returns.
The court recognizes the necessity Of ''go-
ing behind the returns before any deelara-
tion Of election Is made by the legislature,
and Lays at the door Of the general assembly
the blame OF not having enacted such legis-
lation as would admit of such investigation
prior to the second day Of the session. One
Of the leading features Of the decision is the
shelving Of General Merwin, the Republic
an candidate for governor. The contest is
no longer between Morris and Merwin. but
between Morris and Bulkeley. This is only
| implied, but is the logical result Of the rea-
soning Of the court.
Legislation win Come NOW.
The complexion Of the legislature is i'm
material in this case, as it is incompetent
now to render a decision in the matter
Should Judge Morris bring action in the SUI
periOr court and the returns be sifted it
would mean a decision Of no election by the
people-certainly as TO the Offices Of COVER
nor and lieutenant governor, but below that
the Democratic candidates might be seated
1t is considered by every one that the de-
cision means that @Hold Over Bulkeley
will continue to hold over till the next cleo
ton. The decision-long, complicated and
involved as it s5-does not touch several inn
portant issues raised during the controversy
in the legislature, and leaves shat body as
much in the dark as ever. The two houses
cannot agree. After wrangling for whole
year on the points Of difference between
them the court gives no information for
their guidance. Aside from giving no solu-
tion OF the controversy over the state Offices,
4 VIZ tNNAaA1AA "a taAN SpuAA lAolLANElf
diets itself
After upholding that clause in the consti-
tuition stating that declaration Of the re-
suit of the election must be made by the
legislature on the second day Of the session.
in order to complete the election. the court
turns right around and says that the court
will not now attempt to decide this point.
1t is considered probable now that the leg
islature, after some debate, win drop the
governorship muddle and proceed to neces-
sary legislation The decision is a victory
for the Republicans only as establishing
| Governor Bulkeley's status as a legal s'hold-
over" governor. Further into the merits Of
the question it does not go. The claim is
made that, under certain conditions, the
court could step in and settle the quarrel
between the senate and house The deci-
sion adds:
The Demurrer Sustained.
"The claim made in behalf Of the relator
Is that be ought to have been declared
elected by the general assembly, because,
as appears BY the returns of the presiding
officer, he received a majority Of all the
/ ynfa %b, -.