The sun., 1908-12-27
AGAINST GO9..ELECT LILIEY
PROCEEDINGS BEGUN UNDER
THE CORRUPT PRACTICES LAW.
Charges Of the Corrupt Use OF Money In
the Connecticut State Election TO BE
Heard by n special Ceurt-The Con.
slltutiOHaiity Of the Act Questi Oned.

Heard by q special CeuFt-The Con-
stItuti0naiity Of the Act Questi Oned.
NEW HAVEN. Dec. 2e.-For the first
time In the history Of Connecticut juris-
prudence the LGovernor-elect Of the State
was practically placed before the bar
Of the Superior Court this morning 70
answer TO charges Of corrupt practices
ct the election at which he was chosen.
II was also the first time In the States
history that special court In line with
the English procedure was convened
to try such charges.
The charges are directed against Gov
ernor-elect Lilley and his political agent.
Col. Isaac NJ Ullman of this city. Neither
Mr.. Lilley nor Col. Ullman was actually in
court this morning as it was expected that
arguments on tho constitutionslity ques-
ton would occupy to-day's session. but
Mr.. Lilley was in town ready to come for
ward U called upon. Col. Ullman left with
his family for Florida few days ago be-
fore the subpoena had been served on
him
The trial Judges are Silas A. Robinson
and W. l.. Bennett. Immediately after
court convened and the charges were read
counsel for Governor-elect Hlley fled
O brief alleging lack Of jurisdiction and
unconstitut!onality Of proceedings.
Stiles Judson Of Stratford, counsel for
Lilley, asked for q ruling as to the right
Of the court to sit and as to its right to
try the present case.
Judge Robinson. who presided. listened
TO protracted arguments on these points
and finally decided that the court was
fully authorized by the last session OF the
Legislature.
the acts Of Mr.. Lilley during the regent
campaign were then brought up. 1t is
on this that the real battle will be waged:
Senator Judson claims that In several
particulars tho corrupt practices act vio-
lates the Constitution and that IT Will be
declared void before the present session
of court 10 concluded.
The petition, as result of which
Mr.. Lilley was brought before the special
election court, was brought by Prof.
George L. Fox of this city, one OF the
authors of the corrupt practices act.
Prof. Fox on December 10 petitioned the
Chief Justice. Of the Supreme Court OF
the political expenditures Of Governor
elect George L. Lilley during the recent
State campaign" He also asked that
the political expenditures OF Llley's
political agent, Col. Isaac M. Ullman.
be inquired into, as well as his sworn
statement to those expenditure on file
with the Secretary Of State The petit
ton was granted.
In accordance with the corrupt prac-
tices act Fox had to submit what evi-
dence he had obtained to Judge OF the
Superior Court Of Connecticut. and IL the
evidence was considered sufficient what
is known as an election court would be
81 fr, VidAnGQ.
In Fox's petition he alleged that Lilley
before and on election day, through agents.
gave money to Waterbury saloon keepers
to treat electors and left money with other
saloon keepers throughout the State for
the same purpose. all OF which was done
charged that Llley, through other agents,
put money into social and athletic clubs
In Waterbury for the same purpose.
Fox alleged. too. that Elley's sworn
statement purporting to be an itemized
account Of what money he expended was
shy of the names OF men to whom ne NAG
paid money to further his election, and OF
other men who went around in violation
Of law to get delegates to vote for Idlley
In the state convention. Fox swore that
Col. Ullman expended money and en-
pIoyed workers for Llley OF which no
record was made in Ullman's sworn state
ment fled with the Secretary OF state
Fox said that his action was the resul.
Of a promise he made to Iilley In the
last week of the campaign when Lilley
complained to him that his enemies were
using corrupt means to defeat him and
asked Fox II he was going to enforce the
Law on corrupt practices. vorL ,,.v xho
with Lawyer. Reynolds compose the
Fox counsel, presented the argument
for the right Of the court to at least sit
and hear the case. presenting a claim
that the law was legally passed in every
particular. although the Supreme Court
has not ruled that 1t is dawless.
After recess Senator Judson. taking
up the technical oonstitutionality OF the
act. focused his argument on the exemp-
ton OF State officers from the provisions OF
the law. He claimed that Superior Judges
were judicial officers while the law made
them executive. and he declared that
ment coordinate with the executive. and
as such did not possess superior power.
He asserted that the province OF the
SUPERIOR Court Judges under the act
was simply TO take up election cases
brought TO their attention and to file
their reports with the Secretary OF state.
The clause Of the act which declared
state ofioer oonvictei under its pro-
visions ineligible to hold ONCE he in
sisted was constitutional.
Counsel for Llley put in plea in abate-
ment. Both sides are to submit briefs on
the points involved before next Thurs
day, to which date the hearing was
adjourned.
One of the witnesses summoned Is w.
II, Moseley, proprietor Of the New Haven
House. II was in this hotel that Llley
had his headquarters fer two days previ-
ous to the Republican State convention
which named Lilley for Governor.
IL is reported that Mr.. Moseley, IL the
Court rules that 1t can hear evid ence,
will be asked to tell all about who paid
| for the scores Of rooms in his hotel occu-
MED by Iilley delegates and who settled
the big bill for Refreshments that found
their way to these apartments. Mr..
Fox viii try to prove. it was said, that
| Governor Lilley or his political
agent Col Isaac M. Ullman OF this city.
member Of the State Republican commit
tee. paid for the drinks. II was stated
that the drink bill amounted to several
hundred dollars.
Mr.. Fox also wants q chance to put in
Testimony to show that there were great
guar titles Of booze purchased by the
agents of LIilley In Waterbury prior
to election day. which was In violation
OF the corrupt practices act. Fox
charges that Lllley and Col. Ullman did
not make a complete report OF their cleo
ton expenditures as the law called
for and therein violated the corrupt
practices act. Lilley ewore to election
aaxnapaoa IF Nl9 00l