The morning journal-courier., 1908-12-28
Jnd.on ExnIalns ncfcnse.

l thls law.
 Judson Explains Defense.
 Colonel Burpee was followed by his associate MT stiles Iudson, who said in part
 'It ts only the importance of the question that is presented here today both in respect to this respondent and from a public point of view. that would justify any additional comments in behalf of this respondent But if your honors will indulge mo few moments, desire to emphasize one or two points in this controversy that may justify some further comment by counsel, and in the first place, may l turn aside to ask your honors not to regard this document which we have filed with you, as designed to obsruct tho courts of justice, nor to raise technical ques- lions, or to obscure the merits, if we Imay term fl such ef the allegations of ! the petition This respondent has nothing whatever Co conceal these questions presented are not technical and they are fundamental and of large importance in determining the scope and character or this hearing"
 Judge Bennett said at this point AS far as l am concerned, | should not have hecn willing to go on without hearing these first
 Mr. Judson thanked Judge Bennett for tho comment and added,
 q will say in that connection that Mr fnlcy's counsel advised him that it was in our judgment his imperative duty nc the threshold Of this inquiry, to present these questions fundamental as ! say. i'm their character. 10 the con- sideration of your bonors Now pass ling by that youl honors 'aro Invited to discover first, the intent of this law, and thon if it's intent is such as to ot- fcHd the constitution of tho state in |any particular, to discover in what rec spett t does offend, and to lay aside so much If this act as by intcnunent 1 fl is found to contravone the provisions Of om state constitution"
 "Thc corrupt practices act came to 1 the general assembly of 1905. as is shown hy the public acts of that sos- sjou. and as counsel upon the other side of the table has properly remark cd was patterned after the English corrupt practices act as far as certain Ipuhlic spirited citizens. who were asso- ciatad in the authorship of the act deemed it applicable to conditions in the state of Conneeticut and upon this side of the water II was presented, ! your honors, in the form by which a judgment was contemplated by two | judges of the superior court in all cases The constitution plainly provides in letters which cannot bo misunder- stood. as to what may render in Con- nccticut. a person ineligible for holding any public office in this commonwealth.
 Here arc the provisions:
 Every c}ector shall be eligible 10 any l office In this state, excepting i'm cases i provided for in this constitution. WolL 1 the exception, of course, has no appli- l cation here.
 Then how may the privileges of the clcctor be rorfcited-for that is the only test as to inc method in which he can lose his right 10 hold any public onico-that is provided in the preceding section, The privileges of the clector shall hc forfeited by the conviction of forgery. perjury, theft or other offence for which an infamous punishment is inflicted And of course, it goes with out saying, that refers to conviction in a prosecution for crime, based upon indictment or information of com paint with the right of trial by jury and when a conviction for that class of criminal offences 's produced in a criminal prosecution and only that then and then only arc the privileges of the c)cctor forfeited in Connecticut and only then can he forfeit his right to hold public office.