Morning journal and courier., 1892-01-06
THE JUDGES, DECISION.
Judge Lynde Harrison's opinion On
the Subject

y uO&0 AuO 1AAEIA6OAAO OPAAAASA~ - 1
the subject.
Judge Lynde Harrison said to COURIER
reporter last evening: "The supreme
courts decision is surprise, especially In
some of it's details. Neither party can
claim complete victory. The republican
theory that the general assembly has power
to correct errors in the returns Of the
moderators is sustained, but the court
holds that the examination for that pur-
pose and the finding and declaration must
be completed on or before the second day
of the session, al was done in the Jewell
English controversy in 1871. The court
seems to decide that whereas in this case
the general assembly has failed to accom-
plish the work in that time, its power is
exhausted, and that in such case as this
the courts ought to take jurisdiction.
Judge Morris is advised that if he can
prove by proper evidence in the supreme
court that he was lawfully elected by the
people, that he is entitled to a judgment
| by the court, which would be the equiva-
lent of declaration by the assembly.
The decision gives to the courts the same
power to investigate and render judgment
which republicans have claimed was in the
| joint committee on canvass of votes and
the legislature. If Judge Morris fails to
show that he had majority of the votes,
| judgment must be rendered against him,
and that is probably the end Of the case
for him. In that event it is uncertain
| whether General Merwin would have any
subsequent chance in joint convention
of the assembly, because the court seems
to hold that there is no powersto elect by
the legislature after the second day.
If this opinion of the court is fnal
it is surprise to most lawyers
who have supposed that the second day
clause was not mandatory. 1t is quite ey
ident that the controversy is transferred
for the present from the legislature to tn
court, which is q better tribunal for
speedy settlement.
Everyone should be glad that the decis
ion is unanimous. The opinion is clea,
and plain in its language and gives tn
legislature some good advice about provid
ing proper tribunal to settle such con
tests in the future.
Reporter-What do you mean by saying
eff this decision is 6nal"a
Judge Harrison-The court says in on
part of the opinion that the constitution
forbids the choice of a governor by the as
aembly at any day of the session later thai
| the second, but IN another part OF tn
opinion there is a suggestion that the cou1
| under certain circumstances might hea
further argument on that question.
LIEUTENANT GOVERNOR MERwIN's REMARK
ON THE SUBJECT.
General Merwin was seen by a CouR1E
reporter last night and said: eft hardl
becomes me to say anything on this mai
ter. However, expected that the cou1
would give little more information r.
garding the right of the general assembl
to go back of the returns. As it seems
me the decision leaves Governor Bulkele
in Office for the rest of the term.
WHAT JUDGE MORRIS SAID LAST NIGHT.
Judge Morris said: 81 am quite dissatii
fed with the decision, as it leaves the 81
bernatorial matter as much unsettled {
? before. I think both sides were ready
follow any clear-cut decision, and this or
must be unsatisfactory to both sides. tt
q suggestions on any point seem to me te
vague to admit of being followed out.
have not seen my counsel yet and cons
i sequently cannot say anything about VIII
: course I shall now pursue.