The morning journal-courier., 1908-12-28
JtNN,ns eTNeMpseN
 llNooRPoRATEp) OPP. THE TOWN PUMP NEW HAVEN. CONN.

parent by the language of this act, In the processes which are sought to be built up, that lt was the purpose to
 impose these duties upon two judges of the superior court Our supreme court has held that the powers eXer- csed by judge of the superior court, 1 is a power that Is incidental and ln- l herent in the superior court itself, anu that in all cases 1t must be the
 exercise of that power which by the constitution, was imposed upon the l judicial department of state, I ask
 the court in passing to note the pccu- liarity of section 13, and your honors l will observe that wherever it refers to your contemplated action in regard to other officers other than state officers, the act calls it decision. In all other cases a finding and then in treating of the lnellgiblity to public office, 1t assemblies together both classes, and
 provides that the ineligblIlHy shall
 follow as a consequence of the de- cislon or finding
 1 Construing Language of Act.
 q wish in closing to call your honors attention to this matter of great slE | uifcance mean as to whether the
 act intends your honors 10 act as 1 judges of the superior court does 1t | intend that2 Well now. we find first, | petitioner required 10 give bonds for | prosecutions, as in civil actions ho may then present to any judge of the | superior court in Connecticut his peti- 1 ton. Then, as my friend has said, ! that the judge exercised the Judicial function of determining whether pub ] lie interest required the citation Req 1 sonable time must he given to the de- | fcndant What Is the meaning of this l language? II was intended as an ex- 1 nartc inquiry by commissioners No- 1 flee to tho defendant The chief justice 1 then designates an additional judge anywhere in Connecticut. SO long as he ! Is a judge of tho superior court Next, i if your honor. Judge Bennett. had been l disqualified then what? Then the chief justice shall appoint two judges to proceed with such petition Such petition shall ho tried without jury. i What sense would there be in that pro ! vision if we wore talking about com l misSioncrs, for that superlative provi- sions. that it should he tried without 1 a jury Next candidates arc entitled to | Iaprear all candidates for that office
 and be heard as parties. and so on l have already occupied more time than | I intended, but we have the most, f t ! Is an apt term, most serene confidence l that under this phase, f your honors
 win observe the authorities upon our l brief. that there can be no hold except | that the law intended to impose a l judicial power and that It falls of it's
 purpose because under the constitution, 1 that cannot hc exercised In this way"
 Mir. Jcssop Responds.
 In the afternoon session Mir. Jessop
 said tho only question that can he de-
 termined here that Is vital to thls point that Is raised Is:
 "ls this a judicial body called upon
 to perform non judicial powers? ! Now was challenged to state any
 possible legal effect of the findings which lt is contemplated might be
 made in this case Now II is incon-
 sstent to claim on the one side, that
 you are a court having power to rule on tho constitutionality of the law
 in this state. in the first instance and | then to claim that all the functions | imposed upon you by this act, chapter l 240 gives you absolutely no functions, and your functions are uniudcial | The highest judicial function in any l American state, is the Interpretation | of the constItutionalty of the law. It 1 is one of. the most sacred and im-
 portant duties that any judge can be l called upon to perform. This act is
 an act In the nature of an act for pub | lie policy, to preserve the purity of tho
 election of the state. Now if this act l is a completed whole, then counsel
 have explained to your honors that
 your functions are judicial, because if l it is a whole, it has got to he taken as a whole An act of the legislature which authorizes a court to intervene | and control the action of executive of ! Gccrs in asccrtaining the result of a
 state election, during the process of ascertaining that result, as prescribed | by the constitution, presents a novel
 question, involving as tho provisions | of the act may be construed, other
 questions of the highest importance.
 That seems to be looking forward to-
 wards something of the sort your hon. ors have had before you"
 Closing Remarks.
 Mir. Judson then said:
 May we just make this suggestion,
 that in view of the fact there is no ap-