The morning journal-courier., 1908-12-25
.F0X'S LAWYERS PREPARED
Ready to Make Big Fight on Case
 Tomorrow.

The New Haven correspondent of the Hartford Times under date of yester- day has this to say about the status of the case;
 If any one thinks George l., Fox and his counsel intend to lay right down and make no fight before the election court in this city on Saturday over the question of the constitutionality of the currupt practices act, he will meet with very big surprise Mir, Fox and his lawyers are all prepared to meet the argument of Governor elect Lil- ley's counsel when the latter come in- to court to raise the constitutional s- sue The question has arisen whether there will be any evidence allowed 10 come before this election court at all until the consttutionality matter has been determined The Lllley lawyers are confident that they have mapped out a plan of procedure that will most emphatically stayc off every and any possibility to push in any testimony that might tend to show that Cover nor-elcct Lilley or his political agent Colonel Isaac M. Tllman of this city has violated the corrupt practices act
 In the first place after the reading of the petition and charges has been finished the counsel for Mir. Liley will file plea in abatement that the pros cocding is not constitutional Then will come at the proper time writ of prohibition that in the judgment or Mir Lilley's legal advisers will there and then end the proceedings of this court until the supreme court has had an opportunity to pass upon the con- stitutionality of the act
 MT. Fox has already written to the court in Pennsylvania that has just passed upon the question of the con stitutionalty of an act somewhat similar tn that of the corrupt prac- tices act of this state. He has found some comfort in this decision because the law of Pcnnsyvania was framed somewhat along the lines that were followed when Connccticut's corrupt practices act was passed
 You cannot get very much Informa- tion up to date from Mir. Fox or his counsel about what their plans are when tho court opens on Saturday, lt is fact that MT Fox and his law yers have been diligently examining tho filed statements of the principal election machinery managers in ths town. and that not finding in these statements what he was looking for he has had the statements flied hy New Haven republicans in the office of secretary of state at Hartford ex haustively inspected.
 To-day it was made known that he has had prepared any number of sub- poenas to be served on ward workers in this city and in Waterbury for at tendance at the election court This fact would seem to indicate that Mr. Fox is really confident that he will be able to present what evidence he has and that there will be. If any, very little delay at the opening of the ease. Every one here at all conrcrs- ant with the case, and some of these gentlemen arc pretty close to knowing Ni'dA M I'N llhF " Ii'H'lll tr WE dcnce, is of the opinion that the scs- sion of the court will be very short. Mir. Fox doesn't think so though
 Ii is expected that there will bc a big throng Of prominent men from all over the state in attendance at he opening session of the election court Governor-oloct Lilley fig to he here, SO 1t was stated yesterday, and he is just as confident as can be that there is very little to MT FoX's case. There arc citizens here and elsewhere in tho state who would like to have the governor be permitted by his law yers to go on the stand to tell all he knows about his own and tho cxpcndl- tures of his political agent But he will he guided entirely by the advice of his counsel