Waterbury evening Democrat., 1908-12-26
LILLEY CASE ON
His A iiorBeys Attack tbe Con. Siituilonaliiy of the Law
 Generally
INTEREST IN HEARING

hours to-day, after the opening of the election court in the Fox vs Lilley case, as to whether or not the two judges, who were present, con stituted court. The contention of MT Jessup was that the legislature in paragraph 13 of the corrupt prac- tices act, intended to give the judges, who made up the election court, judicial powers.
 Counsel for Mir Lilley maintained that no power was given the 1~
 judges, when they were supposed to sit to hear complaint against d state officer for alleged corrupt prac- tices in elections; therefore the sec tion is without eoect The constitu- tionality of the act in question was raised by Messrs Burpee and Judson for MT Lilley, on the ground that the court, # 1t were such, would in case Of finding of guilty, bring about a result, which is not as provided by the state constitution.
 MT Judson said that Governor-elect Lilley had nothing to conceal, but as the questions are fundamental, it
 was at the advice of his cousel that ne attacked the act under which the proceedings are brought At the opening Judges Robinson and Ben nett agreed that they constituted some sort of court and the plead
 ings of the defendant therefore were made a plea in abatement and the burden of the proceedings came upon the counsel for MT Fox
 MT Jessup was placed on the de- fensive as the result of questions ask ed him by the judges on matters rel ative to the section of the act, which provides that no person found guilty of corrupt practices should be eligi-
 ble to hold office for four years. Mr Jessup maintained in the course of
 his reply to the opposing counsel
 that the act was constitutional and then came a number of questions. MT Jessup suggested then that they sub init briefs on the points and this was acquiesced in. The briefs will be filed by Thursday and adjournment was taken until Saturday.
 The court proceedings drew a large attendance, most of those present being from out of town. MT Jessup with the junior counsel, Mr Reynolds, came in with Mir Fox and took seats at the attorneys table. MT Jessup was introduced to Colonel Burpee by MT Reynolds as was also Mir Fox. When MT Judson came in there were further introductions. Among those present were Senator elect E. Hart Fenns Postmaster Gay lord, of Ansonia; Rev Dr Newman Smyth; Prof Richards of Yale, County Commissioner Walter of Cheshire and many prominent repub- lican politicians of the city. The audience rose as Judge Robinson and Judge Bennett took their seats read the petition which was present" ed to and signed by Judge Bennett for an election court. While the reading was going on the attorneys poured over law books. MT Jessup is of tall stature, smooth shaven and stone grey moustache and MT Fox when standing were easily the tall est men in the court room. Before the proceedings opened MT Judson stated that MT Lilley's attorney in no way attacked the principals of the new corrupt practices act, but rather the wording of the present act. They are in sympathy with the intent of the act.
 After MT Reynolds had conclud- ed his reading of the documents needed to open the proceedings Colonel Burpee addressed the cour with an objection to the jurisdic- tion of the court in the matter. He claimed the judges had no iurisdic tion to act on the petition. He then submitted the pleadings in which the question of constitutionality of the act is raised, the same having been made public. At this point it was evident from Colonel Burpee's state ments that counsel for Mir Lilley did not admit that the judges sat either as a trial court, or as an inferior court of any kind, merely that they were on the bench as a matter of courtesy.
 Counsel for MT Fox was asked if there was a desire to reply to the pleading at that point. Mr Jessup said that the pleading was in effect plea in abatement. Judge Robin son said, he looked upon it as such. MT Jessup said he was ready to pro- ceed with the submission of legal arguments upon that point. The court told Mr Jessup to proceed as he saw fit. Judge Robinson said that the court was sitting under a provis- ion of the law. MT Judson then of fered suggestion that the court should take action upon the beading which he claimed was a protest of Mir Lilley against the sitting of the two judges as tribunal. He asked the court to consider whether they were lawfully authorized to sit as a tribunal, also the question of the propriety of the sitting.
 Judge Robinson asked if counsel had raised all questions that they in- tended to under the pleading. and 1 further. how the proceedings will go on if the pleading is overruled. Mr Judson replied that that was the point, as 1t was the contention that the judges define their own status
 The judges conferred and Judge Bennett stated that the judges were agreed they sat as some sort of a tribunal. They were not ready 10 hear arguments on the pleading as submitted. but were ready to take nm tho case Mir Hudson then said