Norwich bulletin., 1909-01-04
Judges Declare that the Corrupt Practices Act
is Unconstitutional
Mr.. FOX DECIDES NOT TO APPEAL
He Expressed Great Surprise One Point in the Finding
Judges Bennett and Robinson Decide that the Qua
ranteed Constitutional Right to Trial by Jury is In
vioate-The Election Court Invalid.

/, experiences of the law in Canada and
England. In those countries, he said,
where the law has been for a long
time under test, particularly in Eng
land there has never been, so far as
he knew, the slightest obstruction Of
the judicial machinery owing to the
election court. He also called atten-
ton to the fact that in Canada and
England such prominence and import
ance were given to the election courts
that they took precedence Of all other
actions. This point Of the import
ance Of the election court, he added,
has been called attention to in Mr.. Jes-
sup's memordandum handed in to the
judges last Wednesday.
Decide Not to AppeaI-statement Civ
en- Out After Conference.
After a conference between George
L. Fox and his counsel, Matthew A.
Reynolds of New Haven and Henry
W. Jessup of New York, the following
statement was given out for publica-
ton:
Mr.. Fox, in behalf Of a number of
persons interested in the enactment of
the corrupt practices act, and hence
eager and properly So to see that it
be enforced, presented a petition charg-
ing violations of that act by Hon.
George L. Lill.y ana his political agent
in the recent election.
1t was first necessary to satisfy a
judge of the superior court Gas Judge
BENEFITS opinion clearly intimates)
'judiciously that the petition was
brought in good faith, and that there
was sufficient evidence in support Of
it to require in the interests Of public
justice that proceedings be commenc-
ed"
This he did, and the machinery Of
the act was set in motion. But, when
he attended, ready to offer testimony
to prove the changes, Mr.. Lilley's coun-
sci attacked the constitutionality of the
act.
The two judges entertained argument
on this question. and have decided that
the act is invalid-snd have dismissed
the petition and abated the proceed
ings without costs.
OF course many Of the violations
were provable by the very admissions
contained in the statements" filed
and required merely to be pointed out
in comparison with the explicit lam
guage Of the act, others required I've
examination at length Of numerous
witnesses from various parts of the
state-sO that the proceeding should
it even yet proceed Gin the event of
reversal by the supreme court of err
rOrs) would be lengthy and costly, and
with due allowance for further appeal
might not end for months.
As It is impossible therefore to end
the inquiry in time to guide the gen.
eral session Mr.. Fox has decided, with
the concurrence Of his counsel, not to
prosecute any appeal.
His counsel state frankly that they
are not converted by the two opinions
filed. But. since both judges by differ
ing line Of reason reach the same con-
clusion after careful consideration,
therefore, for all considerations above
stated and since it is clear that enough
has been developed to bring the matter
to the knowledge of the general assem-
bly, the act in the opinion Of the two
judges is defective and imperative, his
counsel advise Mr.. Fox that his public
duty has been fully discharged. Should
the law be repeated or amended pend
ing the appeal the proceeding might
fail. and Mr.. Fox be put to heavy exc
pense for nothing.
On the other hand. If this public act
of great public Importance stands de-
clared ineffective and unconstitutional
it is not the duty of private citizen,
but that Of the general assembly. to
rectify it, A new act with clear ex-
plicit, unequivocal provisions, and by
reason II eroef clearly constitlonal. can
easily be drawn. That the charges
made have not been substar tiated by
testimony under oath is not the fault
Of Mr.. Fox. But he does not feel i'm
PEELED, as the situation has now devel-
oped. to make further sacrifices where
the public duty Is so clearly laid where
ii so appropriately belongs, on the leg
under whose own statute he
acted and stood ready in good faith to
proceed.