Daily Norwalk gazette and Saturday's Norwalk record, Thursday, January 15, 1891 · page 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Absolutely Independent.

THURSDAY, JANUARY 15, 1891.

THE DEMOCRATIC POSITION.

At our request, Senator John S.
Seymour has furnished us the follow-
ing statement of the democratic posi-
tion at Hartford. We published the
republican claim yesterday and gladly
give place to the. contention of the other
side so clearly and forcibly stated ;

“At four o’clock Tuesday afternoon,
Luzon B. Merris took the oath of of-
fice in the Senate chamber at Hartford
and is now the Governor of this State,
This deliberate and solemn act could
have been performed only by a man of
clear perceptions, force of character and
personal courage. Governor Morris
being what he is, it is a demonstration
‘to the people of the State that the most

conservative minds yield to the logic of .

' the Democratic position. No. man
could lightly take the step, no man of
weak convictions could take it, no force
but a solemn and compelling sense of
duty could supply a motive for the mo-
mentous act.

The democratic position‘is that the
title of the governor-ship comes direct-
ly from the people acting in the elec-
tors’ meetings in the several towns.

The official and certified returns
from these electors’ meetings, when
aggregated, constitute the voice of the
people.

The General Assembly is command-
ed by the constitution, after examina-
tion of the returns, to declare the per-
son whom it shall find to be legally
chosen, and give him notice according-
ly; or as the Supreme Court has con-
strued this clause, “the General As-
sembly is to examine the lists of the
presiding officers and the canvassers,
and declare the choice evidenced by
them, and notify the several persons
elected.

But what if the General Assembly,
or either of its branches, refuses or
omits to declare anybody elected ’3
What if eve ry elector in the state had
voted for Morris, and yet the House
had refused to declare him elected,
does the constitution tolerate a hold-
over Governor in such an event '3

The democratic party says, “No.”
Either House or both Houses may re-
fuse to do what the constitution com-
mands, but they do not thus make or
unmake Governors. He nevertheless

’ takes his seat, acts the Governor and is
Governor with a declaration of both
Houses if it is given, without it, if it is
withheld.

If any citizen of the state thinks he is
not rightfully Governor, the courts are
open ; he may bring the person who he
claims is wrongfully acting as Gover-
nor into the Superior Court ' in any
county, and by appeal to the Supreme
Court, and then require him to show
affirmatively by what right he assumes
to act. In such a proceeding every
contestable point is decided. If it is
claimed that the moderators acted
without warrant of law in any place,
the courts would decide. first, whether
their action was final, and second, if
not final whether any ballots were law-
fully rejected or unlawfully counted.
So, in an orderly way, in the regular
course of judicial procedure the gov-
ernOrship will be settled. always pro-
vided there is enough bottom in the
case to induce anybody to bring it. A
court house and not the House of Rep-
resentatives is the place toinake the
fight, and Governor Morris by his
action has 'compelled his opponents to
do one Of two things. either go to
court, or acquiesce in his administra-
tion.

How does this leave Mr. Bulkeley ‘3
It is a mistake to consider the Govern-
orship as a thing capable of exclusive
possession; that Morris can be exclud—
ed from it as from a room, or deprived
of it as of a thing capable of being visi-
bly taken in the hand. It is not so
with a mere office. Wherever the Gov-
ernor is there is the Governorship.
Morris sends his messages to the Gen-
eral Assembly, appoints his staff, sends
nominations to the Senate, which alone
has the power of confirmation, ap-
Droves acts of legislation, and calmly
awaits Dmcedings in court whenever
they may be brought, if brought at all.

If it amuses Mr. Bulkeley to hold

the keys to the oflice furniture in the
executive chamber longer than he has
a right to them, it harms nobody. It
is not probable that for so doing any-
'body will think enough of it to bring
the searching writ of quo warranto
against him for ineffectually claim-
ing to have possession of .a thing in-
capable of possession. It is a safe
prediction that with the majority Gov-
ernor acting, the hold-over-ship will
only endure for a small part of a sea-
son, and that meanwhile geod sense
will not desert the Commonwealth, and
that its tranquility will not be dis-
turbed."

—~—~ooo-r——~'-————*~«

In 1719 came a week’s fall of snow in
January, followed by along, hard frost, in
Inndon. Provisions became so dear in
the west of England that bread was sold
.by its weight in money, and coals were
forty shillings a quarter.

 

 

The-color of gold is a brilliant yellow;
‘ -~when the metal is pure, it is nearly-the
orange yellow of the solar spectrum.
When it contains a little
.Iellow, or greenish/yellow.

Silver, it is ‘pale

~ 501er a question of law.

the case out of the court on a pretense of

 

i
,

WN’S Bill) “WP

.s ta

How the Latest Phase of the Behr-
ing Sea Maddie Will Be Met;

A NON-JURISDICTION PLEA.

Secretary Blaine Will Insist That the
Supreme Court Cannot Act in 3 Mat-
tcr which Is sun in the Hands
of the Executive Department.

 

WASHINGTON, Jan. 15.—~Though Secre-
tary Blaine and Attorney General Miller
are not disposed to discuss in public the
action of the Canadian government in the
Behring sea matter, it is generally under—
stood, from what"‘well informed gentle—
men” about the departments say, etc.,
that the plea will be made that the su-
preme court has no jurisdiction to decide
a case which is still in the hands of the
executive branch of the government, the

 

argument being that the political branch .
of the government is superior, within the
constitution, to the judicial branch—that
is, that the supreme court cannot call in
question an act of the legislative and ex-
ecutive, except upon the ground of its un—
constitutionality.

It is true that this court has but to in-
terpret the laws and decide upon their
constitutionality, and anything done in
accordance with a law of congress which
is not unconstitutional cannot be ques-
tioned in that court upon the grounds that
it is a violation of international law. The
duty of the court is to deal with the law :
in its relation to the constitution only.
This matter was evidently very carefully
considered by the representatives of the
British government before the bold step
of appealing to our own court to overrule
the action of our executive, and doubtless
Mr. Blaine will find what the British
representatives think they have found,
that he has no statute of the United States
upon which to base his argument.

The Law In the Case.

If there were a Statute of the United
States claiming jurisdiction over the Behr-
ing sea, or affirmatively asserting the right.
of the United States to seize foreign ves- :
sels poaching on these waters, the supreme
court would have to recognize this statute,
and either refuse to receive the petition
for a writ of prohibition or, having re-
ceived the petition, refuse to grant it, hold-
in g that the laws of the United States gave
jurisdiction to the district court as exer-
cised in the case of the libel of the Say-
ward.

But it appears that there is no new law
of this sort, and the only law touching the
question is that known as international
law. Sect-ion 1,956 of the Revised Statutes,
under which the officers of the United
States made the seizure fifty miles from
shore, provides, “No person shall kill any
otter, mink, marten, sable or fur seal, or
any other fur bearing animal, within the
limits of Alaska territory or in the waters
thereof." Section 3 of the act of March 3,
1889, provides that “Section 1,956 of the Re—
vised Statutes of the United States is here-
by declared to include and apply to all the
dominion of the United States in the .
waters of Behring sea, etc.”

There is no statute, as Mr. Carlisle’s
brief sets forth, which declares what the
dominion of the United States in these
waters is, and the only law to fix these
limits is the international law, which fixes
three miles from shore as the extreme
limit of any nation’s jurisdiction over the
seas. In fact, what the court is asked to
decide practically is what the dominion of
the United States in the watersof: Behring
sea is. Mr. Blaine in his last letter to her
maj'esty’s representative in this matter in-
dicated to Great Britain that no declara-
tion of jurisdiction over Behring sea had
ever been made on the part of: the United
States, our only contention being that we
had the right to protect “our” seals wher—
ever thcy might be.

\Vould Kill Arbitration.

The United States having in no way de-
clared dominion over Behring sea, it may
be diflicult for Mr. Blaine to establish his
plea upon the broad principle of. the judi-
ciary not having a right to negative at law
or declaration of the political branch of
the government not in violation of the
constitution. He will probably find no
statute or precedent upon which to base |
his argument. .The question of the juris- .
diction of the supreme court to act on sug—
gestions for writs of prohibition in any ad-
miralty case cannot be questioned except
upon some extraordinary and exceptional
grounds, if at all.

If Mr. Blaine should succeed in keeping

 

want of jurisdiction it would probably be
regarded by Great Britain and by all other
nations that we had no claim that we dare
submit to a decision of our own court.
This would make arbitration impractica-
ble, and the question would probably re-
main unsettled, the Canadian sealers act-
ing upon the assumption that they have a
right in Behring sea, or else there would
beacollision between the United States
and Great Britain.

The best informed men in congress, as a
rule, regard as desirable that the matter
should be settled in the supreme court,
and as great a departure from ordinary
diplomatic procedure as the action of
Great Britain is, there is a feeling that. a
strictly legal settlement of such a contro-
versy is better than interminable diplo-
matic bickering. Of course as it stands
Great Britain is not bound in law to con-
cede that the United States has jurisdic-
tion over Behring sea if the supreme court
should decide this case in favor of the
United States; but if good law could be
shown for such a decision it would actually
and the matter, Great Britain’s case being
prejudiced by the decision. '

 

Counsel Carlisle Explains.

WASHINGTON, Jan. 15.—Calderon Car
lisle, counsel for the British government
in the Behring sea. controversy before the
supreme court of the United States, has is-
sued a statement in regard to the matter
in which he says that the question raised
by the suggestion for a writ of prohibition
is not a question belonging to the appro-
priate functions of diplomacy in the polit-
ical department of the government, but is

The scope and purpose of the proceeding
in the supreme court, says Mr. Carlisle, are
to obtain a judicial construction of the
laws of the United States, which, under
the construction given by the district court
of Alaska, have deprived British subjects
of nearly half a million dollars' worth of
Property. The questioa is not what may
the United States (10.5.1.1 Behring sea, hm;
what has ltdonc? If the Unified States
Claims the right of pro any in either the
high sea ul’ its nailing, ill-03.1.1 53.0 936910.419
by statute tomorrow, and a; ‘qqmg. ,i

 

would be bound to follow the law, what—
ever diplomatic negotiations might arise
in consequenr- . with other nations.

Certainly a». parties concerned are en-I

titled to an interpretation of the existing

-N0RWALKJ

laws of the United States from an author— :

itative source.

That is all that is sought,

and. is precisely what the"'executive and
legislative branches of the government are ‘;

constitutionally disqualified to give.

The London Times’ Comments.

LONDON, Jan. 15.—'l‘he Times, comment-
ing on the report that Secretary Blaine
would have, the case which has been
brought before the United States supreme
court by the British government from the
district court'of Alaska nolle prossed, by
the latter court, and thus restore the whole
matter to a diplomatic standpomt again,
says: “We are surprised that any Amer-
icans are found to object to the jurisdic~
tion of the tribunal which since the days
of Chief Justice Marshall they have held
up to the admiration of the world. Here
the judgment of that court will be re—
ceived with respect. A decision in favor
of Mr. Blaine’s contentions would be in no
sense binding upon us. An adverse de-
cision would put an end to Mr. Elaine’s
policy at a stroke.”

 

WORLD’S FAIR NOTES.
The Site Question Not Settled Yet, but
Apparently Pretty Near It.
CHICAGO, Jan. 15.—-The directors of the
World’s fair last night postponed the
threatened abandonment of the Lake front
site, pending negotiations now in progress
and supposed to be final. A report allow-
ing the ten architects recently selected
$0,000 each and expenses was formally
adopted. The compensation is divided in
several instalments, the last of which is
to be paid when the buildings are com-

pleted. '

Washington’s Taxation Scheme.
OLYMPIA, Wash, Jan. iii—The house and
senate committees of the World’s fair have
drafted a bill levying a tax of one—quarter
of a mill on taxable valuation during the
next three years. This will net about
$240,000.

Oregon “'lll Levy a Tax Also.
SALEM, Ore, Jan. 15.—A bill was intro-
duced in the house yesterday providing for
a half. mill tax for two years, to he used in
the display of Oregon’s products at the
\Vorld’s fair. This will amount to $100,000.

 

A Disastrous New York Fire.

NEW YORK, Jan. iii—The large malt
house of E. M. Van Tassell, at West
Eleventh street and Thirteenth avenue.
was completely gutted by fire early
Wednesday morning, with a loss of about
$500,000 to stock and $40,000 to the build-
ing. The latter was a. six story brick
structure, and was filled with 50,000 bush-
els of feed and grain. One hundred and
twenty horses of the Knickerbocker Ice
company, whose stable was in the rear of
the malt house, became panic stricken and
stampeded. They were eventuallyirescued.
The roof of the granary fell in about 2:30
o’clock. Sparks from the fallen roof
caused small fires in the neighborhood,
which, however, were soon extinguished.
After this the south wall of the building
fell, nearly burying a number of the fire-
men. Oue of them, named Fitzpatrick,
was slightly injured. The falling wall
carried with it nearly 200 telegraph wires,
which were stretched near the wall.

A Compromise in Montana-.1 .

HELENA, Mont., Jan. 15.—-Tho following
plan has been adopted as a basis of com-
promise by the Republican house of repre‘
sentatives for settling the existing diffi-
culties in the legislature: That twenty—five
Republicans and twenty-five Democrats
whose election is undisputed meet as a
house of representatives; that the details
of organization be arranged by a commit-
tee of an equal number of each party, such
arrangement to be approved and signed
by all claimants from Silver Bow county,
and that in the organization offices be dis
tributed eqlially between the two parties.

Russell Sago's Big Victory.

81‘. PAUL, Jan. 15.—A decision was ren-
dered by Judge Nelson, Of the United
States circuit court, yesterday in the case
of Russell Sage, of New York, against the

. St. Paul, Stillwater and Taylor’s Falls

Railway company.~ This case involves the
title 'of a land grant of 3,000,000 acres to
the Hastings and Dakota road, to the
rights of which road Russell Sage suc,
ceeded, and in- whose favor the cOurt ren-
dered the judgment. The land is valued
at $10,000,000.

Destitute, Starving and Freezing.

LAWRENCE, Kan, Jan. 15.—J. H. Shir: ,

lay, of Northfield, Sherman county, west.
ern Kansas, is in this city soliciting aid
for the destitute settlers there.
appointed by a committee of,.starving
farmers, who gave him“ as credentials a
signed appeal for. aid. The appeal says
that their crops have failed for five years,
that now they are actually dying from
destitutiou, starving from want of food
and freezing for want of clothing and fuel.

Murdered His Murderesn.

Tuscunnpl, Mo, Jan. 15.—Mrs.
man, proprietress of the Tuscumbia hotel,
became engaged in a quarrel with a
photographer named Fulkerson. She se-
curedashotgun and fired at Fulkerson,
the charge striking him in the chest, but
not causing instant death. Fulkerson
snatched the gun from the woman’s hands
and shot her in the head, killing her in-
stantly. Soon afterward he himself ex-
pired from the effects of his wound.

'l‘he'Toledo Club’s New Move.
New YORK, Jan. iii—Judge Andrews, 01
the supreme court, has granted the Toledo
Baseball club, incorporated in Ohio, an in-

.junction against the American Associa-

tion of baseball clubs, restraining them
from taking any action which shall declare
the franchise of the plaintiff corporation
forfeited in the American Association of
Baseball clubs. ‘The plaintiff filedla bond

' of $1,000 in the injunction.

 

Gambling Dons Closed.
MINNEAPOLIS, Minn, Jan. 15.——For the
last three months gambling dens have
been wide open in this town, forty-two es-
tablishments being openly conducted.
Maj. Henderson, chief of police, yesterday
notified all proprietor! of gambling houses
that they must close. Last night not a

gambling place was in operation.

 

The Mystic Park Trot. "

BOSTON, Mass, Jan. 15.—'.l‘he executive
committee of the New England smokers.
tion of Troting Horse Breeders have do
cided to hold the Mystic Park meeting
Sept. 29 and 30 and Oct. 1 and2 of the cur-
rent year, when valuable purses will be
Offered.

 

Minner’s Succeuor Sails.

SAN FRANCISCO, Jan. 15,— .x-Governor
Pacheco, recently appointed minister to
Guatemala to succeed Mizner, sailed for
#5; p95: or the steamer City of New York.

He was -

Free- .

 

 

 

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