The morning journal-courier., 1908-10-12
LILLEY MAY FORGE SPECIAL ELECTION
 ON CONNECTICUT
(coutinuod from First Page,)

been turned down with dull, slckcnins thud Moreover It is great injustice to MT Tilson or MT, Avery, one or tho other of whom will be elected for the fun term Under the circumstances he wil! bo worse than q cipher during the short term of congress, and the sue- cessiul one of these two Is fairly en- titled to the place to give him chance to aequaint himself with the duties of the position and learn tho ropes,
 But the greater wrong he (Lilley) proposes to do, in case of election, ls to the voters, for he will make 1t neces. sary to have a special election in every town and city of Connecticut with all the unnecessary expense and turmoil of that event, Some easy going souls may say that the vacancy might be allowed to 80 thrilled for the remain Ing two months l don't believe that such Q step would be constitutional, apart from the gross injustice of leav- lng Connecticut with four represents. tives instead of lvo during this next very important session, With regard 10 Art. l, Sec, 2, Par 1, of the U. s, Constitution, on this point, I believe that any proper court would rule that it is mandatory and not permisslve to the governor to issue within a reason able time writ for a new election. In case a governor should not do so in such q contingency, l cannot see why writ of mandamus will not lle against him
 All the trouble of the present sltua- ton arises from the neglect of the two state committees to proyde for this contingency, and especially of the re- publican, for their convention was held first I was greatly surprised at the time to see that no action was taken 10 provide for this difficulty, which was easy to foresee, Ten days before the convention it was prac- tically certain that Lilley would ba nominated. They ought to have made certain that his resignation would be drawn up for presentation to the gov- ernor the moment he was nominated. Then the convention, still In session, could have nominated Mr. Tllson both for the full term and the short term, while the democratic convention would have naturally followed suit. Iu that case the way would De clear and everything legal Or in case Llllcy did not resign before the convention adjourned, it could have provided by formal resolution that when the va cancy did arise, the party candidate for the full term should also be the party candidate for the uneXpired term, and the democrats would have naturally followed that lead.
 What is the situation now2 It Is four or five weeks since the republican state convention and Lilley has not resigned. The general election Is three weeks from next Tuesday. in case of such resignation the governor must issue his proclamation naming the date, a separate ticket must he prepared, and I should think that q separate election box must be provid- cd at each polling place. Now unless it Is settled that We are to have q sep arate election throughout Connecticut something ought to be done to relieve the situation at once.
 II Is an interesting question as to whether in case of such resignation, the state committees would have the legal power to nominate candidates for this vacancy. They certainly have for any vacancy arising for office for which nominations were made at tho recent state convention They havo authority 10 nominate u candidate for congressman-at-large in the Slxtloth congress, in case MT Tilson or Mir Avery should resign tomorrow as can- didates But have they authority 10 nominate candidates for cougressmln- at-larRe Tn the Fifty-nuth congress in view Of no special authority from the late convention on that point? I think that there is room for argument on both sides Of the question, and the opinion of the attorney general should be taken on that point at once.
 But tho first thing to do is to clear the ground by securing the resignation of Ltlley If he will not resign will ingly at once, then the state commit tee should meet and formally and unanimously demand it If he refuses then the voters of Connecticut should know the reason why Under no clr- cumstances should the voters of Con necticut be compelled to undergo a costly and unnecessary election, sim ply 10 gratlfy Lilleys bovine propens- ties, or desire to be in the llme-lqht
 GEORGE l.. FOX.