Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-12-01
FIGHTING FOE CONTROL.
The New York Legislature the Object Of
Conteutfon.

GOV. HILL AND JUDGE KENNEDY OF oNoNDAoA
COUNTY AT observation-disclosures At
ALBANr-A COUNTY CLERK WHO WILL BE Dis
N1ssKD-rHH SULLIVAN COUNTY CONTEST.
Special Correspondence of The Evening Star
ALBANY, NY, Nov. 29-The complications
growing ont Of the efforts Of each party to gain
control Of the legislature become more mani
fold every day and vigorous and effective work
is being done by each side to have matters
settled, In . measure, before the time ap-
proaches for the legislature to convene. The
charges and counter charges of fraud" ard
Juggling with the returns" have become mere
bywords SO frequent have been their applica-
ton, and the recourse to the courts for judi
cial determination of the various election cases
will not settle the matter by any means.
THE oSoSDAGA COUNTY DISPUTE.
Just now Gov. Hill and Judge Kennedy of
Syracuse are at cross purposes regarding the
election of the member from the first district
of Onondaga county. The republicans of this
district claim that David A. Munro, jr, WAS
duly elected, though certain technical mistakes
were made over his name in the returns. The
democrats on the other hand allege that Pat
rick j. Ryan Is entitled to the certificate of
election on the ground that the county clerk
had perpetrated gross frauds in direct contra
ing the election of their candidate. There is
no question that there is a claim of right on
each side. On the face of the returns Munro
is undoubtedly elected. since the manifest IN
tent OF the elector was to cast for him the votes
over which the contest arises; but Judge Ken
nedy has precipitated trouble by his exrfaor-
binary conduct in giving voice to extra jul
dlclal expressions while on the bench. The
climax was reached on Friday. when he issued
mandamus directed to IA contumacious demo-
cratic member Of the Onondaga canvassing
board compelling him 10 sign the returns GER
tfying to Munro election.
There seems little prospect, however. that
the order will be obeyed. Judge Kennedy rec
ognlzes the fact that the disoDedient member
must be acting under the advice of those who
have authority to protect him, and the impress
sion prevails quite generally that such adviser
Is no less person than Gov. David y. HILL who,
by the way, Is making most determined fight
Tor the democratic control of the legislature.
The Judge has not scrupled to make pointed
bench.
II have been embarrassed by proceedings at
Albany he said on Friday while listening to
the argument against the issuing of a man
damus, which have made complications. 1t
Is not usual for high authority to attempt to
interfere with the court. fear" said he sig
nificantiy, that these inspectors have been
advised to defy the court By persons who ought
to know better. The Consequences will have
to be suffered by the offenders and there is to
be no leniency shown"
THE PROCEEDINGS AT ALBANY.
The proceedings" which have made the
'complications" referred to by the court are
those taken by the governor in citing George
g. Cotton, the clerk of Onondaga county to
appear before him to answer for certain alleged
irregularities. The proceedings were insti-
tuted under the charge of malfeasance in office
preferred by a democratic committeeman of
Onondaga county. which is embraced in the
following specifications, viz:
FIRST. That the county clerk sent out wrong
and illegal instructions at the last election to
some OF the boards of inspectors of elections.
Second. That he sent the ballots belonging
to certain election districts to others, causing
confusion.
Third His refusal to sign the certificate of
election Of Patrick ]. Ryan, the democratic
candidate for member of assembly in the first
Onondaga district, whose certificate had been
signed by a majority Of the board of can
vassers.
Fourth. That he had allowed members Of
the republican county committee and others of
the republican party to see and handle the
election returns without authority
1t Will be perceived that there is something
In the charges outside of the political bias
which would naturally inspire them, especially
In the first and second specifications.
In the hearing before the governor evidence
these allegations, but when the clerk was
called he absolutely denied seriatum each ac-
cusation, and after the production of all the
evidence on behalf of the state an adjourn
ment was taken until tomorrow at pm. to
permit the defense TO produce witnesses. 1t is !
not improbable that the clerk will be removed |
As Gov Hill has already given an example Of
This practice In removing Clerk Conway OF |
county, democratic official, for |
acts of like nature, and Judge Kennedy's
IN ofa6 in p1cax
checkmate the governor.
AN UNUSUAL SPECTACLE.
1t is an unusual spectacle to see the judicial
and executive branches of the state government
thus at loggerheads, but the present political
situation in this state is developing some pecu-
liar things. 1t is asserted by some that the
governor instituted the proceedings in spirit
Of revenge to requite the republicans for their
questionable methods in refusing to issue a GER
tihcate OF election to the duly elected member
Of assembly from Sullivan county, but the gov
ernor disclaims any such motive. One thing is
certain. and that is if this political see-saw" is
there will be good and sufficient
ground for number OF impeachments.
EFFECT OF SENATOR DEANEs DEATH
The death of Senator Deane seems to have
afforded an opportunity to clear away the Diff
iculties in the fifteenth senatorial district and
the Duchess county board of canvassers, in !
which the question as to the election OF Deane !
or Osborne rested. has decided that the latter |
the democratic candidate, was entitled to the |
certificate of election.
The work of correcting" the returns has &C. |
cupied the attention of this board since |
November until within few days. and the |
Importance attached TO the result of their |
labors has not only attracted the attention and |
required the personal presence of the lesser
lights of each party. but even the governor and |
the leaders of the republican party have in |
kplred the work by timely visits to the county |
seat. The difficulty in tins instance has arisen
over the division of opinion regarding the
legality of certain ballots cast for the republi-
can candidate. which bore unmstakable evil
dence of having been marked for identification
In one case thirty-One ballots were plainly
marked with printers quad. and since they
were printed under the official supervision OF a
republican county clerk and in republi-
can printing office the presumption nat
urally arose that they were SO marked for
fraudulent purposes. In other cases the ballots
had been marked by the erasure OF the name
OF the candidate for justice of sessions and the
interlineation of the names of John Doc and
other fictitious personages. The throwing out of
the thirty-one ballots marked with the quad
was sufficient to throw the election in favor of
Osborne, and after careful consideration and
with eminent legal talent this
course was adopted and Osborne practically
declared elected. But the matter did not end
here. The certificate required the official
signature of the republican county clerk, but
he refused and still tn al