New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-13
be signed by the Democratic County Clerk and sent to
Albany on Monday.


be signed by the Democratic County Clerk and sent to
Albany on Monday.
This is the second time that Judge Barnard has
refused to follow the dictates OF David B. Hill or to
allow his own partisanshp to interfere with the cause
OF justice. At the outset feared that account
of Ms intense partisan feeling he might be found taking
advantage Of technical point to decide with his party
lie has shown that he could be neither bulled nor
cajoled into doing anything as a Judge that would
reflect dscred upon his record. In acting as he has
he no doubt has disappointed David B. Hill exceed
ngly, for HIPS attack upon the judiciary OF the State
intended to influence all of the Democratic judges
before whom these election cases might be brought to
decide them, not according to the spirit the letter
OF the law, but Hill and the gang Of seatstealcrs
associated with him wanted them decided. Twice also
has this Democratic Judge declared that the manu-
factured returns by which Edward B. Osborne was to
receive small plurality were fraudulent statement
Of the vote cast In Duchess County This is the same
paper the refusal to sign which lost THEODORE A.
Hoffman his place as County Clerk The opinion of
Independent Democrats. as well rs OF Republicans Is
that the least that Hill now do Is to compel the
resignation Of the who was appointed to take Mr.
IIofmans place and allow him to finish the term Of
Office to which he elected by vote Of the people
Of this county BUT David b. HILL Is not apt to right
q wrong that he has brought about.
1t Is not likely that any further attempt win be
made by the Democrats prevent the issuance OF the
certificate OF election the Senator elected nom this
district In the name OF Gilbert A. Deane. Judge
Barnard ordered that the certificate attesting to Mr.
Deane's election be made out Immediately and sent to
Albany. This, under the law, is now the only Ger.
tncate that the State BOARD Of Canvassers can con-
slider and Il is the only legal certificate that has yet
been made out showing the vote in this county for
Senator. The law holds that certificate OF election
mnde out under the order Of the court shall be nnal
In all places. The only thing for the Democrats now
10 do II they want to get this district from the
Republicans Is for Osborne, the defeated Democratic
candidate to 90 to law and show that the thirty one
quad marked ballots marked Intentionally by
each man who voted them with the idea Of allowing
some one 10 know how they voted. This will be I'M
possible and good lawyers say that the Democrats now
are compelled to give up the contest because on
practically reasonable course being left open now
in which a fight could be made.
James IIinckley, Editor Of The News Press Demo
crac) issued tonight extra, In which he comments
as follows on Judge Barnard's decision In the Deane-
Sheriff. mandamus cases What this meanl No
one understands Neither Republican Democratic
counsel comprehend this singular somersault. The
Republican counsel, Messrs. Choate, Cady, WILKINSON
and Fowler present In court prepared TO argue
motion that Mr.. Sheriff. and the representative OF
Mr. Deane should be allowed to intervene in the
proceedings and contest the questions raised by the
relators' papers. They had no chance to open their
heads They sat aghast while, on no ones motion
but his own Judge Barnard undh in a twinking all
he had been the last week occupied in doing. OF
course the Republicans are GIFTED with the result
but they do not yet quite understand how they
reached IL. Democrats do not propose to lie down
under such unintelgibe action but appeals Will at
once be perfected to test the validity OF Judge Barnars
action and the efficacy of the Ballot Reform law"