New Britain herald., 1930-02-21
ELECTION OF DAY
 LEGAL, CAMP SAYS
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(COntlnued. From First Page) and in that case. MT. Day would not be properly elected. Second, if the words, from the same political party from which the former incumbent was elected mean the party that he came from. that is the party to which he belonged at the time of his election, then the question is raised IS to which party MT. Curtis belong ed at the time of his election
 MT, Curtis was republican all his life, so. far as l am informed, and was registered in the office of the registrar of voters as a republican, and worked with and for the r%pub- lican party and espoused the prin- ciplcs of the republican party. He was first elected to the office on the republican ticket in opposition to a democratic candidate on the demo- cratic ticket. and was thereafter a number of times elected in opposi- tion to a democratic candidate. His position on the democratic ticket. l am informed, was by endorsement and that he was not chosen original ly by the democratic party as it's candidate at the last election.
 Popular candidates put up by one party arc often endorsed by the other party in order to strengthen its ticket, or for other reasons, but such a, candidate is not usually con- Sidered thereby a member of the party by which he is endorsed. He does not take part in the party Counsels or espouse it's principles.
 Cites Gaffney Case
 "The republican party for many years has endorsed Judge B. F. Calf ney as judge of probate. If he re- ceiVes more republican votes one year than he does dem mocratic votes, that does not make him a republican and if he is given more democratic votes one year than he is given re- publican votes, that does not make him a democrat. He belongs to the party with which he is affiliated and on which primarily he is running as a candidate.
 If a. congressman on the Tepub- lican ticket was endorsed by the democratic party he would be class ed as a republican in congress be- cause he came from the republican l party. no matter which party gave 1 him the most votes. He would rep resent the republican party on con- mittccs or on strictly party meas, ures
 Tn the last presidential election ! in some of the southern states, l an, ] told the republican presidential cleo, tors were placed on the democratic ticket in place of the democratic | electors. They were thus elected from certain states on the demo. cratic ticket. That did not make 1 them democrats. but they went tt the republican electoral college anl passed a, vote of those states as re. publicans.
 If our charter had provided tha the comptroller should be appointed 1 by the mayor instead of providing | he should be elected at the polls | then if the mayor, a democrat l should have chosen to appoint MT | Curtis, q, republican, and if in case of a vacancy his successor had tt be appointed from the politica party from which Mir. Curtis wal appointed or chosen, the mayo would have to appoint a republican to fill his position, but if the mayo had to appoint a member from thu party which appointed the formcl 1 incumbent, then the mayor would have to appoint a democrat. In th' case assumed, MT. Curtis would b. appointed by a democrat from thu republican party. Our charter pro vides for the appointment of cer tain number of members of com missions and boards from one part. and a certain number from another In this case the word from is uset as synonym mous with the phrase be longing to the party.
 Intention Of Charter
 "The general purport of our char ter seems to be, in case of a vacancy that if an office holder is a repub lican that a republican should be ap pointed in his place, if a dem ocrat that q democrat should be appoint cd in his place.
 "In the time that I have had t consider the question, 1 have beel unable to find any case which upol careful consideration would be con trolling or of much assistance in de ciding the validity of MT. Days ap pointmcnt. The question is one o construction of the words used il he charter and the only thing tha l have found to guide me in the gen eral scheme Of the charter in fllin vacancies which seems to be that i hlling vacancies the status qu should be maintained; that is. there is a vacancy in an office whiC has been filled by a republican tha a republican should be appointed [ it. and it there is a vacancy in a office filled by a democrat, then
 democrat should be appointed to i
 If the republicans as a part wish to vote for a democrat and h