Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-12-08
The Way Paved for the Real Strug-
gle for New York's Senate.
COUNSEL DECIDES ON A COURSE
That Will Be Closely Followed in the Court
of Appeals To-Day.
DEMOCRATIC DECISIONS NON.PARTISAN


tribunal OF the State. the Court OF Appeais,
for adjudication. The formal presentation
of the cases to the Court of Appeals will oc-
cur tomorrow morning. when place on the
immediate calendar will be asked and the
fixing by the Court Of day-probahly next
week-for the argument of the same
The days proceedings in this very i'm
portant matter were rapid, but harmonious
and effective The Board of State Canvas
sers met in the morning. but with the full
knowledge that the counsel on both sides,
by agreement were presenting the cases TO
the courts. lid nothing but take recess
subject 10 the call of the Chair. The his
tory of the day was thereafter wholly
enacted in the chambers of the supreme
Court at the City Hall here.
\ Great Array of Prominent Lawyers.
Judge Edwards came down from Troy
and re-convened the adjourned special Su-
preme Court session for the purpose soon
xfter 9 \. NJ. The representation by coun-
sel included Hon. Matthew Hale, William
4. Sutheyland, John T. Parkhurst, William
Nottingham, J. Rider Cody, Joseph III.
Choate and Eugene Burlingame for the Re-
puhlicans. and Deputy Attorney General
MAYNARD. Delos McCurdy and Thomas Gan
non for the Democrats. Application was
made bv Messrs. Hale and Choate for i've
writs of mandamus, as follows:
First-In the case of the people eN rel
Frnnklin u. Sherwood VS. Frank Rice As Sec
rotary of State. for an order directing the
return of the resolution of the SteuDeif
County Supervisors to the eligibility OF
said Sherwood, Republican candidate for
Senate in the Twenty seventh district, and
all eNtraneous papers filed With the Secre-
isry of state in connection with the returns
from that district. :
second-In the case, of the people ex rel
Franklin ID. sherwood vs. the Board OF state
Canvassers. for an order restraining said
board from considering said extraneons
papers.
Third-In the case of the people ex rel
William G. Daley and John |. Platt las rela-
tions for Gilbert a. Dean, deceased) VS. tue
Board OF State CanvasserS for an order re-
straining said board from canvaSsing the
statement of the returns from Dntchess
county (known as the Mylod certlf1cate)
filed with said board.
Fourfh--The'people eN rel Rufus Il. Peck,
against the Board of State Canvassers, for
order restraining them from issuing
certificate of election to anv but Peck
Fifth-The people eX rel John II. Derby VS.
same board. for an order directing the issue
OF a certificate to said appellant as senator
elect III the sixteenth district.
The Agreement Made by Counsel
With this application was presented the
stipulation bv counsel for both sides under
which il is agreed to bring The cases to the
court of last resort as follows:
u Is hereby stipulated in each of the
above entitled proceedings that an appeal
shall bc Immediately taken from each of the
orders granted therein at the Columbia Spe-
cial Term, commencing December 5. 1881,
and entered in the Albany County Clerk
Office December :, 1891: that the REALTORS
therein will print the papers upon such ap-
peals, and furnish them so that the appeals
shall be submitted to the General Term, now
s,, .l,a sri da,1a ,n,,t nm
Tuesday. Dece Inber :: that the respondents
upon such appeal will accept notice of argu
rent thereof for that day, ana unite with
the appellants i'll a request TO the General
Term TO present such appeal upon its cal
endar for that day, and immediately hear
and decide such appeals.
That the defeated party at general term
shall Immediately appeal to the Court of
Appeals, and the prevailing party shall &C
cept short notice OF argument otthe appeals
in that court, and unite with the appellants
in a request 10 the court to place the ap-
peals upon the present calendar and hear
them upon some day to be fixed by the
court therefor as carly as practicable, and
that the proceedings OF the State Board of
Canvassers relating to the canvass of votes
tor senator in the Fifteenth, sixteenth,
Twcnty-1itth aud Twenty-seventh Sena-
torial districts he suspended until the deci-
sion of the Court of Appeals upon such
appeal, providing such decision he made
prior to December -. 1891, and that such
canvass shall be completed and the certifi-
Gates of the result made by the State Board
of Canvassers in accordance with the deci-
sion of the Court OF Appeals IN these cases,
if made, and in accordance with the
decision OF the Court OF Appeals upon the
appeals which will be taken in the matter
relative to the canvass of the votes for Sen-
ator by the Onandaga Board of County Can
rassers, GATED Albany, December 1881.
writs or Mandamus At Once Granted.
On consideration of this stipulation, Jus
tice Edwards at once granted the applica-
tion of he Republican counsel for the writs
Of maGdamus asked and sent them 20 the
general term, on appeal, without argument.
The Democrats, represented bv Deputy
Attorney General Maynard on their part
withdrew the motion made for an order va
eating the order which directed the Dutchess
County Board of Canvassers to reconvene
and recanvass the vote of that county,
Some little skirmishing on the part of
counsel ensued. over the attempt of Mr..
Hale to get in affidavits showing that a
demand had been made by Republicans
upon the Board of State Canvassers for the
issue of certificates of election to the sew
eral Republican contestants in the four
districts but it resulted only in the admis-
sion of the affidavit in the Derby case of the
Sixteenth district, the others being ruled
out by Judge Edwards. The mornings
work ended with this.
At 5 O'Clock in the afternoon Deputy
Attorney General Maynard, representing
the State Board of Canvassers, and Delos
McCurdy, representing the Democratic
counsel, and Hon. NJ. Hale. for the Repub-
licans, appeared before Justices William L.
Learned, Stephen L. Mayham and John II.
Putnam, sitting in regular term session
Mr.. Hale presented the orders of Judge
Edwards, pro forma, and asked for an order
confirming them. They were at once placed
on the calendar, the order for confirmation
granted, and an appeal taken by Mr.. May
nard to the Court of Appeals.
The Way Paved for days Work
The litigation for the dav was over, and
the way carefully and legally paved for the
presentation of the question ar issue to the
Court of Appeals tomorrow. Delos Nc
Curdy. representing the Democratic coun-
sci, in reply TO query of The DISPATCH
reporter. made directly after the general
term sitting, stated that the position of the
Board of State Canvassers occupied TODAY
was that OF acting-or rather refusal to act
under the stay granted by Judge Barnard
pendinC the recount of the Dutchess county
returns although the orders granted to-day,
and the stipulation of counsel especially,
inferentiallv STAYED the board from acting
on the returns from the four disputed dis
tricts as they were now on file before them
till such time as decision by the courts
should be reached. ..t...
1t was expected that as this was the last
day the Board of Canvassers would be
called together again this afternoon, but it
was not, and one of the members stated
they would not meet again to-day, being in
anv event subject to the call of the chair,
which could be made coincident with an
order of the court after decision had been