New-York tribune., 1891-12-30


Committee. Evidently there had been some sort
OF rehearsal as 70 what would be done, for
resolutions to be passed in typewriter copies
Acknowledgement Tabor said soon as the
Board had been called to order. 81 Imove that We
doceed to canvass the vote for Senator in tho
XVIII Senate District 1.-THE DutcheSs District
The Republicans were surprised. They
had thought the Court of Appeals de-
cision clearly showed that the Mylod
certificate from Dutchess County could
not be used. Mr. Jcwett clerk Of the Secretary
of State read the following as the vote OF the
XVIII Senate District: Edward Osborne, Demo-
crat, I5,l31, Gilbert A. Deane, Republican, l5,llT,
Isaac Downing, Prohibition. l,O65; blank ana
scattering 2ls. Thus il was apparent that the
"Mylod" certificate had been used.
Il move" said Mr. Tabor, shat it appearing
that Edward Osborne has been elected SENATOR
that he be declared elected
The motion was adopted by unanimous
vote and thus the iniquty was accomplished
Of counting in a man who received seventy-nine
votes less than his Republican opponent.
Then came the Derby case. The figures as read
by Mr.. Jewctt, were as follows john Ill. Derby,
Rep. 1910; Michael T. Collins iS,4sS; John
Grant, 1922; blank and scattering, 50. Mr.
Derby was then formally declared elected. The
Court of Appeals protected him.
PECK COUNTED OUT.
Then came the counting out OF Rufus l. PecK, VINO
had s7S plurality as the Republican candidate for
Senator in the XXVth District. Mr.. Jewett read
these figures as follows: Rufus II. Peck, Republi-
can 1906 John A. Nichols, Democrat, 1882 !;
John T. Gray, Prohibitonist, 450; blank and
scattering, LESS The Republicans at once per-
ceved that 2ss votes denomnated e blank and
gathering" had been stolen from Mr.. Peck. Mr..
VAa1No a. f,I1n
Resolved That 1,2Ss votes be deducted from the num-
Der Of the county Of onondaaa for Rufus T.
Peck for the office OF Senator in the ANVth Senatorial
District appears by the OF the County Can
OF Onondaga County sent TO the Secretary Of
State pursuant stipulation made and entered into by oil
OF parties o proceeding the Supreme Court
titled 'In the matter Of the application OF Rufus l. Peck
for writ Of mandamus against the Board OF state Can
yassers dated Albany December :, 1891 which is filed
in the Office of the Secretary STATE and pursuant
decision Of the Court Appeals of the State of New
York this day OF December, 1891 In the matter
entitled aforesaid.
The resolution, of course, was adopted by o
unanimous vote. This done, State Treasurer Dam
forth stepped forward with the resolution for
the Board TO disregard the fact that Franklin D..
Sherwood, Republican, had 1870 plurality in the
XXVIIth District and to refuse TO grant him a
certificate of election The resolution as
follows:
Inc Court OF Appeals having decided that Franklin D.
Sherwood was Ineligible be voted for candidate for
Senator the XXvllh District, at the recent election
Resolved That do determine and declare said Sher.
wood elected the Office Of Senator from such
district at said election and 1t appearing whether
any other person duly elected to such Office at said
election, Board make other further determination
upon subject leaving the question whether any other
person elected TO such office at said election to be
determined by the Senate.
UsURrING LEGISLATIVE FUNCTIONS.
The State Board of Canvassers adopted this
resolution by unanimous vote, and thus usurped
the right of the Legislature TO be the first body
to pass upon the eligibility of it's members.
The Republican counsel now Thought IL was
time 10 express their sentiments. j. Rider Cady,
of Hudson, said: d" | would like 70 inquire upon
what election return from Dutchess County you
granted the certificate of election 10 Mr. Osborne:
Don't answer-pay no attention to hm, said
Secretary Rice to his felOwmembers Of the State
board of Canyassers. But Attorney General Tabor
frankly replied We used the so-called Mylod
certificate
peals?" inquired Mr.. Cady, with an astonished
air.
Ave did," replied Mr. Tabor.
RICE AFRAID OF oUE,TToNs.
Meanwhile, the Secretary Of State vain!y
attempting TO hush up Tabor who seemed resolved
to treat the Republican counsel with courtesy.
AS l understand that opinion of the Court
of Appeals" said Mr. Cady, firmly it distinctly
declares that you must not consider that Mylod'
certificate, since it founded upon fraud by
the Board of Supervisors Of Dutchess County,
You should not ask these questions Of the
Board said Mr.. Rice in fierce manner, 10 Mr.;
Cady, but reserve them until after the Board
has dissolved, when you can address them to the
individual members men % i T;o You pleas. a r.hor
willing to answer his questions. Mr.. Cady, will
tel you again did not so understand the opinion
Of the Court Of Appeals"
Have we any other. business before us?" said
Controller Wenple, apparently anxious to end
the discussion started by the Republicans.
Yes, we have got to sign these certificates,
said Mr. Rice, and proceeded to shuttle the papers
huiriedly before his fellow members. 81. u.;on
OF the State Board of CanvasserS TO the opinion
of the Court Of Appeals
I'VE have construed the Court of Appeals de-
MISa S9 tn 5ae 0 tbe ansIeT us Is
Mr. Cady then said: "Well, il is within the
knowledge Of every one here that the corrected
certificate from Dutchess County sent here by
and was given TO the Secretary Of State, 10 the
Governor and 10 the Controller
Well have no knowledge of any such a GER
tifcate." replied Mr.. Tabor
viii you ask Secretary Of State Rice for u ?"
said Mr.. Cady: and then, turning to Mr. Rice
said: MIR; Rice; have you received that cor
Mr. Rice did not reply: would not reply Then
Mr.. TABOR asked Mr., .Cady if ne contended that
the "Mylod" certificate was not good one. Mr..
Cady replied that he did so contend
What is the reason that this certificate has
not reached us?" said Mr.. Tabor.
Because il has been surTeptitiously removed
from this building, replied Mr. Cady, after
being in possession of Secretary of State Rice.
Governor Hill and Controller Wemple' The
Democrats would not make any further reply and
then Mr.. Cadv said: As q representative
Of the Republican counsel / desire solemnly TO
protest against this action Of the State Board Of
CanvasseTs in granting certificates Of election TO
Mr.. Osborne and Mr.. Nichols and in refusing one
10 Mr. Sherwood"
The Board, by this time. had concluded their
signing of the certificates OF election, and they
hastily adjourned
Lieutenant Governor Shechan arrived to.
night, and. of course, was iubilant over the fact
that he is to preside over Democratic Senate
even though il be stolen.