Waterbury evening Democrat., 1908-12-24
LILLEY'S COUNSEL
Will Block Evidence By Claim.
 jDg Act Unconstitutional,

The latest development in the af- fair of George l.. Fox against Gov ernor-elect George l.. Lilley Is the announcement by the latter's counsel that they intend to prevent a hearing of the charge by every means in their power It is their purpose to block every attempt to get a word of evidence, to claim from the very be- ginning, the moment that the case Is called before Judges Bennett and Robinson in the superior court next Saturday morning, that the corrupt practices act Is unconstitutional, And this notwithstanding that Mir Lilley's own counsel, Stiles Jndson of Hartford, was packer of the measure before it became a law and, in fact, helped to have it become law This is only repetition of the old story that lawyers make laws to suit themselves and not for the benC- fit of the public.
 MT Lilley's counsel had prepared a typewriter statement of their standing in the case for publication to-day, but, like most documents originating in law office, it is dry and full of repetition. The gist of it is this:
 MT Lilley's counsel will claim that while the corrupt practices ac: claims to give power to two judges of the superior court to hear this matter, it in reality does not giye them any such power or authority, and then they claim that the eXer- else of this alleged power given to the two judges by the act would be outside of the power of a judge of the superior court and of the duties that are vested in that body or in the judicial department of the state. Next, they claim that said two judges of the superior court" are not empowered by the terms of the cor rupt practices act, nor by any otker law or authority, empowered to hear such petition as this in question. Furthermore, they claim that the finding of said two judges" would affect nobody, settle no dispute, redress no wrong, establish no right, and no process of execution would be awarded to carry it into effect. and what the court would do would not bO h JuuSLlcII III lllc lcSdl Selloc Ol the term. The sum and substance of this is that whatever the 1.-two said judges would do would not amount to pinch of snuff. Everybody is aware of this. The law provides that the said judges must file their finding with the secretary of state but no provision is made as to what he shall do with it.
 Mir Lilley's counsel intend to get a decision as to the constitutionality of the act before they purpose tc go any further with the matter By tho time such a decision could be ob- tained Mr Lilley would be month or two ill office, unless hs were re- strained by an injunction from talk ing the oath, but it has been said that no such injunction could be iS- sued. If this is so it is probably the only thing an injunction cannot do in this state.
 Mir Fox had conference with his new counsel, Mir Jessop of New York yesterday, and he also spent some time with his counsel and Judge Rob- inSon.
 oohC oL tHc llc"SpdpelS III New Haven are beginning to find fault with MT Fox because he does not dress to please them.
 Local lawyers are wondering why MT Fox has not invaded the republi- cans with subpoenas for witnesses Others explain this by saving that the delay no doubt Is caused by a desire on MT FoXs part to keep his plan Of campaign to himself and not show his hand until the hearing on his pc tition has begun There is said to be considerable trepidation among the street workers of the republican party; they are wondering what kind of gridiron Mr Fox is warming for them to sit on. Last evening Nil Lilley's counsel served MT Fox Nitl a copy of their statement question: ing the constitutionality of his cor. rupt practices act