New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-07-03

APPLIED DEMOCRACY At TIE CAPITAL.
In April, 1882, Congressman Michael N.
Nolan was the Democratic candidate for
Mayor of Albany. His opponent was DR..
John Swinburne. Nolan had already held the
Office for the two preceding terms, having
been elected by a majority of over $500 in
1878, and by 4,693 majority In 1880
And yet, in the face of these figures, so in
tense and widespread was the dissatisfac-
ton Occasoncd by the extravaganza and
inef1icency characterizing his administra-
ton of the affairs Of the city that his
great majority was overcome. He was de-
feated by a union of the best, but by no
means the controlling, element in his own
party with the Republicans. But he refused
to bow to the popular will as expressed at the
ballot-box. Aided after the polls closed .by
crooked inspectors, even as he had been dur
ing election day by repeaters, he was put in
possession of returns that elected him. These
returns came before Democratic Common
Council, and that body, which contained many
OF his INSCRIPTIONS tools, promptly awarded
him the certificate Of election. DR.. Swinburne
at once instituted legal proceedings to OBJ
tain possession of the Office to which the ma
jority of his fellow citizens had called him.
But Nolan, by the aid of shrewd lawyers,
managed to interpose enough of the laws
delays to prevent the wrong beng
righted until this week. No sooner did he
find that his counsel had exhausted all their
resources of procrastnation and that the case
must proceed than he demonstrated that, in his
own opinion, he was fraudulent Mayor by re-
signing the Office Speaking for the prosecution
in a memorable trial Daniel Webster closed his
argument with the remark: "There is no
"refuge from confession but suicide, and sui
"cide is confession" Nolans only refuge from
the confession which the jury would have
wrung from him, the confession that he was
a usurper, was official suicide. And official
suicide was confession.
The case came up only to be summarily dis
posed of. The jury, without leaving their seats,
by the direction of the Court rendered
n verdict that DR.. Swinburne had been law
fully elected Mayor of Albany on April IL,
1882. DR.. Swinburne is now in possession of
the Office. Mr.. Nolan has retired to private
life and public condemnation. If he had gone
to trial, frauds brazen and inscriptions
would have been laid bare that Albany De-
mocracy In the future would have been an
uncommonly close-fitting synonym for political
rascaity. Perhaps it will as it is In the
Fourth Ward of Albany only 10Y ballots were
returned for Swinburne, while over 800 resi-
dents of that ward stood ready to make afii-
davit that they voted for him. The law of
1850 in regard to elections contains a provis-
ion giving to each party or interest represented
in canvass a certain number of watchers at
Ill In, Of fha #
Democratic inspectors, whose fitness for the
position appears in the fact that he came to
il fresh from State prison, actually refused to
allow the watchers selected by Mr.. Swinburne's
fri ends to be present at the polls. These are
samples of the methods used to elect Nolan.
No wonder, then, that he preferred to resign
rather than allow the character and achieve
ments of the dominant element of his party at
the Capital to be revealed to the gaze OF
honest men, as they would have been if
he had gone to trial. Aided and allotted by
the recognized leaders of Albany Democracy.
including the chairman of the Democratic
State Committee speaking through his mouth
piece, The Albany Argus Mr.. Nolan defed
public sentiment, outraged justice profted by
a crime against the right of suffrage, and de-
frauded the peoples choice for Mayor, for the
space of over fourteen months.
If the electors in Albany who love fair play
and pure balot-box respect the teachings of
this lesson, 1t will be long time before the
party that was responsible for Nolan and the
glarng fraud by which no and it profited
succeeds in putting another of its creatures
into the chair of the Mayor of Albany.
TOUER TAXES and TOBACCO USING.