New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-08
THE COURTS TO DECIDE.
NO STOLEN LEGISLATURE THIS YEAR

FORCED TO SUBMIT TO THE LAw-ELECIIoS
CONTESTS TO BE SETTLED By TILE
COURT OF APPEALS.
fBY TELEGRAPH TO THE TKIBUSE.1
Albany, Dec THE Court OF Appeals is to
decide the four disputed Senate district cases, and
meanwhile the State Board OF Canvasers is COM
peled to stand in recess" until the court hands
down its decision. II the revolutionary methods
of David B. Hill to count in' Democratic
Senate, when the election returns showed the
election Of eighteen Republicans and fourteen
Democrats, are defeated the credit OF thus pro-
tecting the rights Of the States voters Will be
due to Judges Kennedy, Edwards and Barnard, OK
the Supreme Court These Judges-one Republi-
can and two Democrats-have shown that the
Judiciary of the State cannot be swayed py par
tisan influences They could not but observe
that the Executive of the State using all
bis vast powers to change the result of the cleo
ton so far as it concerned the State Senate send
ing his agents to Boards of Supervisors whose
members were engaged in tabulating the election
returns, and inspiring disregard of ballots cass
for Republican candidates for Senator. They VIII
messed the removal from office Of three county
Clerks who refused to declare uuthr
full the falsifed election returns from 'ne
counties Of Onondoga, Rensselaer, and Dutchess'
They must have been shocked py inc
Governors action in sending one Supreme |ours
Judge into the district Of another to interfere WIN
his settlement in just manner Of dispute over q
Senate district Last OF all. they saw the STATE
Board of Canvassers palpaby at the suggestion OF
the same INSCRIPTIONS man, meet many days in
advance of it's usual day Of meeting Tor tho
purpose of hastily considering fasied election re-
turns and thus avoid the correction of those re-
turns by the courts.
But Judge Barnard, of Poughkeepsie, Saturday,
put his hands upon the members of the State
Board Of Canyassers and forbade them from con-
sidcring the fraudulent election returns from
Dutchess County, by which it was made to sp-
pear that Edward Osborne, Democrat. had been
elected Senetor whereas the late Gilbert a. Deanc'
Republican, had SO plurality in the district.
To-day Judge Edwards, holding court here In
Albany, granted five writs of mandamus agalnso
the State Board of Canvassers prohibiting 1t from
considering any extraneous papers in issuing GER
tifcates of election to the Senators-elect in
the XVIII, XVIth, XXvth, and XXVIlth
Senate Districts. This brought the State.
Board of Canvassers and David B. Hill
to their several knees. They now found them
selves forced to have considered in the courts the
authority of the State Board of Canvassers to con-
slider anything but the election returns These
election returns show that Gilbert A. Deane, Re
prLlican. had SO plurality for Senator; that
Rufus T. Peck, Republican, had 1863 plurality for
Senator; that John H. Derby, Republican, had
$40 plurality for Senator, and that Franklin
s. Sherwood, Republican, had $40 plurality for
Senator But the Democrats desire to have the
courts pass upon the power Of the State Board OF
Canvassers to consider such questions as Mr. Sher-
woods eligibility whether in Mr.. Peck's district
ballots were transposed and other questions which
no State Board of CanyasseB before this one had
ever felt at liberty to pass upon The Repubiicanss
m their part were desirous that the courts should
show the State Board Of Canyassers clearly that
il had no right to consider eXtraneous papers while
engaged in the process of issuing Senate district
certificates But it was Republican victory. IL
was the Republicans who invoked the aid of the
courts against David b. Hill and the State Board
Of Canvassers.
When Judge Edwards entered the court
room in the City Hall of Albany this
morning, he found there Joseph III. Choate.
Matthew Hale, John F. Parkhurst Eugene Bur-
lingame and John Nottingham, representing Re-
publican Senators-eect, and Isaac III. Maynard and
Delos McCurdy, representing the Democratic State
Board of Canvassers. Early in the session Of the
court, Mr.. Choate said he would like to call
Judge Edwards's attention to the writ Judge Bar
nard had issued against the State Board of Can
vassers at Poughkeepsie on Saturday.
II have read it," said Judge Edwards as il
he had read something Of value to him. Mr..
MAYNARD then said that the State Board of Can
vassers had decided not to oppose the Republican
plan to have all the disputed Senate district
papers considered by tie Court of Appeals.
"I am very glad to hear it, said Judge Edwards
with look of satisfaction "For l think, in
,iew of the grave nature of the election cases
under consideration, and the fact that we have
Presidential election next year, the Court Of
Appeals should decide these questions"
Mr. Maynard then read the stipulation which
he had drawn up providing for the taking Of
the cases to the Court of Appeals. The Repdb-
lican lawyers desired to have some corrections
made to these stipulations.
Il hope you will agree" said Judge Edwards,
L" for my desire is to put both of you in the best
shape possible before the Court of Appeals
Il should like to say Judge" said Mr.. Maynard,
that the members Of the State Board of Can
vassers do not like any order issued against them,
even pro forma, but they nevertheless consent to
it, since they would like the Court OF Appeals To
decide these election cases"
Mr. Maynard and Mr.. Choate then came to an
agreement upon the following stipulation:
1t hereby stipulated in each OF the above entitled pro
ccedings that an appeal shall be Immediately taken from
each Of the orders granted therein at the Columbia Special
Term beginning Deeecber s. 1891 and entered In the -
bmy County Clerks Office December T. 1891 that the re.
ators therein will print the such appeals end
furnish them that the appeals shall be submitted 70 the
General Term, being held In the Third Department on
Tuesday, the Sh that the respondents such appeal
will accept notice Of argument thereof for that day and
unite with the appellants In report 10 the General Term 70
put such appels upon the calendar for that day, i'm
mediaty hear and decide such appeals but that the de-
feaed party Term shall Immediately appeal 70
the Court Of Appea and the prevailing party shall accepts
with the appellants in a report 10 the court 70
place the appeals upon the present calendar ana
hear them upon some day TO be liked bY
the therefor early practicabe; ana
proceedings the State Board OF Canyassers
lstng the OF votes for Senator in the XVIII
XvIth XXvth and XXvIIth Senatorial Districts bs