New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-03

would remind the Secretary of State" he said.
looking at Mr.. Rice, that / have expressed a
desire TO see these papers in the Derby case"
j.. And would repeat" said Mr.. Rice fiercely.
!. that do not think these papers should be
made public until each case is reached"
But surely" said Mr.. Bliss, 1.-The Republican
counsel ought to be given some opportunity to en-
anime these public documents, which are simply
in your custody. for the purpose of protecting the
interests of their candidate"
Mr. Rce's opposition TO the Republican re-
quest which certainly was fair one, to see the
documents before the Board, had made his fellow
members squirm with distress AT last Attorney
General Tabor said frankly:
i Il can see no harm in permitting Mr.. Bliss TO
sec these papers and would move that he DC
permitted to see Them
a Mr.. Rice did not vote, but he declared the
motion carried.
Then the papers Michael F. Collins has filed
claiming the certificate of election Of John IL.
Derby Were given to Mr.. Bliss, who began swiftly
examining them. lie soon saw that the charges
against Derby were utterly frivolous, and could
give the State Board Of Canvassers no reason for
giving the certificate of election to Collins'
Having obtained sight Of one bunch OF Demo-
cratic papers, the Republicans longed for sight
of more. 10
II would apply TO the Board said William
-Nettin CHAM. of Syracuse, 7" for permission TO see
the papers fled here by John F.. Nichols, jr
Democrat, of Syracuse, claiming the certificate
of election which we believe should be issued to
Rufus T. Peck, of Cortland the Republican candi-
date for Senator in the XXVth District who had
$50 plurality"
Then again, Secretary of State Rice, to every
ones surprise, objected with all his power to the
papers being shown to the Republican lawyers.
We ought not to permit persons to see these
papers, he said. until we reach these Senatorial
district returns. The Republicans insisted upon
seeing the papers. AS they said in private chat
with one another, they were not aware Of what was
in the papers. Perhaps they contained legal mat
tiers which would require the closest examination
an examination which could not be made at once
and far away from any law books bearing upon
the legal questions involved. In their opinion it
would be unfair to withhold these papers from
their sight, like cannon in an ambuseade
until their contents were discharged point blank at
their clients. Besides, what right had the State
Board of Canvassers TO consider these public doc
uments as their personal property. Finally, Mr.
Bliss grew indignant, after repeated requests OF
his for permission TO look at the papers filed
against Senator-eect Peck had been denied by Sec
rotary of State Rice. lie said. fercey:
Mr.. Secretary of State, l do not request
that you permit Inc to see these papers-I demand
il as nv right as citizen of this State. AS soon as
these papers came into the possession Of the Board
of State Canvassers, they became public docu-
ments, and you have no legal right to withhold
them from me"
The Board paid no attention to Mr.. Bliss pro-
test hut turned TO listen to eX-Judge Gilbert, of
Otsego. County, silvery haired, old man, who APP
peored to represent THE Democratic party.
Il would like TO inquire" he said, blandly,
whether we are to deliver oral arguments in
these cases, or are to submit printed brefs?"
How can we prepare ourselves to deliver these
arguments said Mr.. Bliss, unless we per-
mitted 10 see'these documents to which you deny
me access? Why. gentlemen, you must compre-
bend how illogical you are. You permit me to
examine the papers relating to the XVlth Senate
District, but the other papers you will not per-
nit me to Sec"
Bat the influence of Secretary Of State Ricc
against permitting the Republicans to see the
papers prevailed. and they declined to give Mr..
Bliss the papers There was suspicion among
the Republicans that these papers were then in
the possession of David b. HILL who was putting
them into shape for effective use against Mr..
Peck, and that those papers in relation to the
Onondaga-C Cortland County district would not be
perfected until Judge OBricn, of the Supreme
Court had either tied the hands of Judge Ken
nedy in Syracuse, or had not tied them. The
last said about the matter was when MIR. Hale
for the Republicans, asked how the lawyers OF
the Republican SenatoTs-elect were to know the
contents of these papers when they had not seen
them; they had no positive knowledge Of their
| existence, but had heard that certain papers
j other than the returns had been fled
Judge Gilbert said that whether other papers
were filed or not so long as they were legal they
had no bearing the case.
But" interrupted Mr. Hale, 1--WE would like
70 look at them. They might, perhaps, contain
some statements bearing upon the legal papers
That is what we would like to ascertain.
Mr.. Bliss then made demand for the pro-
duction of the papers for inspection!
Attorney General Tabor moved to proceed 10
canvass the returns for State officers, and this
being adopted shut off debate. The State Board
then went ahead and canvassed the returns for
Copgressmen-elect. This finished, the members
were about to take up the returns for State OFF,
GERS when Judge ]. Rider Cady, for the Republi-
cans protested against the use of the alleged re-
turn from Duchess County for any purpose. u
would pOint out" he said, " that it does not come
from the County Clerk of Dutchess County, nor
does il have his seal of Office upon it. 1t Is
signed by John ]. Myiod, but there is no legal
evidence that he is an officer Of the State
This protest. Attorney General Tabor advised,
should be needed, and upon his motion the
State Board of Canvassers thereupOn adjourned
until tomorrow.
AS the Board members were together, they de-
bated for how long period they could consider
the election returns. Some held that they could
only consider them for five days, but Attorney
General Tabor expressed the opinion that the
Board could consider them for longer period than
five days, only the Board must not adjourn for
longer period than five days. The Board, there
fore, can probably consider the election returns
until much later in this month of December.
This afternoon the Republican lawyers, after