The Waterbury Democrat., 1943-04-15
Legislature Speeds
 Up In Home Stretch
Early Adjournment Objective May Be Realized: Cornell Rules Common Pleas Court Unconstitutional
-NRA TlennnAn

, p0tMtMentS> over the cries of ''poll- tteS~ by the Democratic minority. paved the way for a Speed~up in legislative fONetfoNiNgS. with the objective of an early adjournment near accomplishment,
 The appointments, drawn by the governor and approved at a confer enee of General Assembly leaders before being submitted to the Sen- ate. weTe>
 James R. Lowell. Canton, former executive secretary to Gov, Baldwin. as commissioner of finance for four years at $l0y000 a year. Lowell will replace Lewis w. Phelps, Andover, Eugene S I00ghlin. Greenwich, deputy welfare commissioner, as public utilities commissioner at 5000 & year for six years. replacing Joseph w. AlS0l, Avon, who has been member of the commission for the past a years,
 W, ElleTy Allyn. Waterford. for mser secretary of the Republican State Central Committee. and now deputy state comptroller, as inSur- aNee commissioner at 5000 a year for four years. succeeding John c, X BlackaM.
 The reapp0lMtment of Robert J. Smith. Manchester. as welfare com- missioner at 5000 a year for four years
 One major appointment remained for conference decision. that of state labor commissioner. The job n0w is held by Cornelius J. Danaher raN0. according to current reports | SN be renominated by the governor but may accept retirement. Dan- aher is over the statutory age limit.
 Gov, Baldwin has been asked to appoint as a successor either John J. Egan, Bridgeport. secretary of the Connecticut Federation of Labor. or Cornelius A. M0ylan. Hartford, un- employment compensation commits S1ONer for the first district. Hart ford labor organization put the . pressure on the governor today to name M0ylan. and the state CIO council wired Congressman William J. Miller to use his Influence and efforts in behalf of the Hartford commissioner,
 Cor. Baldwin stin has to an- nOunce his nominations for three state juvenile court ju6geShipS. In- cnmhent judges all are Democrats, and indications up to this time have been they would be replaced by Re- p0blicanS-
 OGaeeS Illegally helde
 Cor. Baldwin cancelled plans to attend a Boston conference of New England Republican leaders today to confer with state judiciary on the implications of decision of Super 10r Court Judge John A. Cornell which held that the 794l act of the IRgtSlature in creating the state court of common pleas was uncon- Stftuti0nal
 This decision, if upheld by the supreme court, meant that the IA common pleas court judges were holding O1tlce illegally and that all of their acts were invalid.
 Judge Cornell pointed out that under the fifth article of the state constitution. creating a superior court. this tribunal was the only one to have general jurisdiction. The legislature waS empowered, he said to set up inferior courts" with jurisdiction of local, town, county or district character.
 The 1oaI act creating the state common pleas court said the turist. actually set up "a counterpart of the superior court"
 The fact that it is given Q differ eDt name cannot change its char acteE. 4 court of this character is not an inferior court within the tntenement of Section One of Article Five Of the Constitution and the General Assembly was hence without power to Ordain and estab- IiSh it.
 Consequently. he held that the i9sl act Els void in all its provisions. The state court of Common pleas for which it provides never, there fore, came into legal existence. There can be no such thing as 8 de fact0 court"
 Under the constitution, said Judge Cornell, the authority Of the legislature was limited to the "in- fegiOr" tribunals only. And as re- spects these 1t can grant no powers Or jurisdiction to them: 1t may only ~define~ them"
 His decision was made in an ap- peal from the Stamford zoning board Of appeals taken in June losl- while the subject matter was under consideration. the new com mon pleas setup was created, and the appeals from the boards rulings was brought before the common pleas court. which was given ex- elusive jurisdiction in such htiga-