The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-12-26
JUSTICE KENNEDY Speaks
HE REVIEWS COZ. HILLS REASONS "a
PARDONIHG SUPERVISOR .HEICa.
he Thinks Il mn. Uswarraated Esereiss
the Pardoning Power, n not Csss
tlou or Authority by the Exeeutave. AiS

ttOu OF Authority by tse Exeeuuses aAHI
SYRACUSE. Dec. 25.-Justice George N kea7
needy OF the Supreme Court consented to-de
to an interview upon the action OF Gov. Hill
hardening Thomas q. WEIGH. the Lem ocrAf9
Supervisor Of the Third ward. committedes
tho Penitentiary for thirty days and fned ST.
for contempt OF court. The interview was di0'l
tated and afterward revised by Judge Ks91
nedy. He said: FtH
II have read with caro- an article IN a.
public press. bearing the sisnaturesof Dnyio
B. HILL and purporting to DO the fensons ~
signed Ivy him as justification for the exereiee|
by him as Executive OF the Stete OF ~
new. and by many believed 20 DO IN
usurped, as we'll ms q dangerous poweE|
One WEIGH was convicted. after intl|
hearing, OF criminal intent in wilfully dis-|
obeying lawful mandate OF the court. The|
judgment imposed n fine and thirty days tgl'|
prisonmcnt in the common Jail OF the county,
where the conviction was had. Within feN]
hours after sentence. upon the application q
his attorney. and without. as 1t now
appears. WEIGHS knowledge. the Governor mi
tervened. and undor the guise Of the pass|
doning power. In total ignorance OF the pro-
ceedings before the court. in effect reversed
tho Judgment, remitted the fine. and ordered
the convicted party discharged from imprieou>|
ment. In order that the public may understano|
tho exact status OF the case. and corroctlyl
judge the merits OF tho grounds presented byj
Gov. Hill as justification OF his act In At.|
tempting to relieve Wclch. it Is necessary thAs|
a succinct statement OF this case be made.
Every soon after the close OF the polls on tho1
night OF tho election 1t became apparent thael
the Senate and Assembly would be nearly tio|
between the two political parties. Al
the returns We're received from the several
districts in Assembly district No. 1. in Onou.|
daga county. it was discovered that system-|
attic scheme was in progress, by meaue|
OF which David A. Munroe. Jr.. the|
Republican member. was to be counted
out. and Ryan. tho Democratic candi-1
date. counted In. This scheme was to bel
accomplished by taking advantage Of the rule
the court 81 Appeals in the People q. ref.
m MSyss sS t New q 81
result "f Is to BE- governed BY the ststems ns|
sample bal lot or the endorsements thereon rec
CURED by law to be annexed to such statements
sps s tie namo q tie candidsts voted
N some instances eng using initials ais. II
s ass Sy M sns
statement made It was written D. 4. =, Mynrcs
geSebsd 81 for
for. as appeared on tho sample baliot. wns]
Ssns%sssrs se%po;ss q = Rs%ssIst;s, snS
assped 70 ns TIC Votes a
to; count, those in, said statepasnt stat.
Sav t. & Re cast tor t David un MSnFe
NJ tsS ssetS fssf ne
t thSafe Of oI eiee ea T. Ryan. WHO ia
ssss SnK as hey da
control. coupled with theIr, freaueHey. ied
Sssr{ns out Of tSys s eonaton and and
an e application was made al Special Term ..
ing held BY Justice Kennedy for peremptsry
writ Of mnndaWus, directed to saiG Boa r. sna
SaeH said dsisstiye stase%epts 70 the ssspss.
tive election districts from whence they csme
fe ss ss Me
ally served ppop each member OF the Board
Among the districts where the errors had
Dsy T sesIstss s ssssts%S
memherss .,n q The cany i.S Ga Board
1ssisSa tss ssms ssa ,stSSa; sas -
took them and Immediately fed las II appear.
Sd sarn upon IN th hs J to ANA
SSs o srs sns tRs W q
1877 sSsffa pa asSs
where they were obtained by the Sheriff ;nctlns
rstar ss reaehed The Soto Upon Ssarn
pss no os
duct, and gave evidence OF NO fact or circuw-
Sta ns en ad HEe W sS Psfhss or %ss
Sat suited Gpca the ss%e Day. and oSls
%eeS beors Who
mediately. upon his statement alone. grants0.
hs ss % the p1n y or @
tion the document may be christensd.
oSs E wSsS 8 SAX H q.
perform. is one. that no other Executive Of thu
State has ever done. SO for as my examtnAtto1
that It tC existed i II him. The ststens5t q
first made that It does net appear that Weicn
o Ee%Ts
the Board OF County Canvassers and REQUIRED
that certain acts be done Or. One OF these Va g.
control q the Board BY one q is membsrs.
wSr ~ eous not oSsy he
+ is ns t t. % y s ad ss wss
member OF the same beardl e not guilty g
disobeying the commando OF the writ, Th9
principle Is elementary that one knowing OF
the existence Of an order OF the court reQutEs
Ing certain things to be done or omitted. who
advises. assists or aids In disobedience Of It. -
ut is further said by the Governor that tho
granting OF the writ Is without precedent and
e serious Ths legal SsE
writ. issued In the name q The people
any person. corporation. or inferior lurtee
dlction within the State, requiring the do!nl
which pertains to the oiilse e duty 81 .siIpc.l
and which such court has previously detec-
mined or at Toast supposed TO be cons
sopant to right and Justice; It e pr9-
to the eanyassers that in any statement Sc.
such statement which should have been q.
merely exist. they shall espse the 80
WHOM they shall depute ior that rrs.
pose. to the town or ward tnspectoIs an4
from which they were RECEIVED 70 have Tie
80 leputed shall immediately, proceed TO give