St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-12-30
NEW YORK CONTESTS
The Court Of Appeals Hands
Down It's Decision in the
Cases.
Democrats Win in Districts
Sufficient to Give Them
Control.
Sherwood Declared Ineligible
to a Senate Seat by the
Court.
Republicans Threaten to Skip
and Thus Prevent a
Quorum.

ALBANY, n. Y, Dec. 29.-Ths has
been day of intense political excite
ment at the capitol. The court of APP
peals had previously announced that
decisions would today be handed down
deciding contests for four seats in the
state senate. The contention and its
determination was of supreme interest
III the state as involving the control Of
the legislature by Democrats or Repub-
licans. With a Democratic executive
and a Democratic assembly the Demo-
cratic party needed only favor
able decision by the court of
appeals to give to it complete
control Of the state government. On
the other hand, the contest to be de-
cided constituted the only chance of
the Republicans to hold the senate. and
thus means of opposing Democratic
EeapportiOnment of the state. The
court of appeals did not meet at 10
o'clock, the usual hour, but at o'clock.
BY agreement between J. n. Fiero and
ID. r. Cady, the counsel i'll the case,
before Judge Mayham today, he agreed
to postpone argument until 2 O'Clock
this afternoon, so as not to anticipate
the court of appeals action.
The HIayham Case
requires the state canvassers to show
cause why they should not be required
to canvass the MyiOd returns from the
Fifteenth district, thereby declaring OS-
borne DemocraU seated. By agree
ment of the attorneys, the official re-
porter of the court Of appeals was to
take the decisions and opinions Of the
court to the secretary of states office as
soon as handed down, and read them to
the canvasSing board. AS the hour of
u o'clock approached excitement ran
high in all parts of the capitol. The
elevator men and OrderlieS stopped
every one who came near them to
inquire, Flows it going?" The clerks
In the department hurried to the court
of appeals quarter, and strangers Wan-
dering along the corridors and seeing
the tide of travel setting that way
joined the crowd. and pushed their way
Into the narrow space allotted to specta-
tors in the court room. The attorneys
In the case. members of the state can
wasting board and others who were
aware that the decisions were to be
taken at once to The secretary of states
office, repaired to that apartment and
lounged about on the easy sofas to
await the results.
Consuming Interest.
The ante chamber to the court of APP
peals and the corridors adjacent filled
up meantime to their utmost capacity.
The hands of the clock passed the noon
point, but the oaken door, from the
rooms of the court did not open, as
every body expected they would do.
Five minutes passed before the delay
came to be noticed by the crowd. but
when ten, fifteen. twenty and thirty
minutes flew by and there was no signs
of robed justice, the crowd became rest
less and speculative as to the meaning
of the long delay.
The Republicans were disposed to re-
gard it as unfavOrable to them, since it
indicated that discussion was going
Oh in the council chamber Of the court,
and dispute on party lines, everybody
knew, was fatal to the Republicans, as
the jury stands five to two Democratic.
The Democrats in the crowd were more
sanguine as the time passed, until they
came to feel absolutely sure that the
decision would be in their favor.
Finally, at l 80 p. NJ. the black-robed
Justices took their places on the bench
and handed down at once a bundle of
legal documents. which were carried at
once to the office of the secretary of
state, where the opposing lawyers
3 Fell Upon the Papers
in an attempt to learn what results lay
within the $4,000 words of legal YER
biage. The Fifteenth district, COM
prising Duchess, Putnam and Column
bia counties, has been the subject of
more litigation than any other district.
The Democratic candidate, Edward
Osborne, was declared elected by the
county canvassers, who threw out bal
lots which were marked with print
eI's quad and some other irregular bal
lots. Since the election the Republican
candidate has died.
For the Sixteenth district. in whic h
Troy is located, Collins, Democrat, con-
tested the election of Derby on the
ground of fraud. In the TWenty-fifth
district the question at issue was the
mixing up of ballots by the Republican
county clerk, who sent them TO the
wrong districts, thus enabling the Re-
publican inspectors to ascertain how
certain persons voted, thereby destroy
Ing the secrecy of the ballot.
In the IWenty-Seventh district, COM
prising Allegany, Steuben and Chemung
Counties, the issue turned on the eligi-
bility of Sherwood. the Republican can
didate, who was park commissioner of
HOrnellSville. and whose ineligibility
was promulgated before the election by
Attorney General Tabor. The Demo
cratic candidate was Mr.. Walter. The
importance of the Democrats
Controlling the Senate
is not only local but national. as it may
possibly decide the next election for the
presidency, as there will surely be re-
apportiOnment of the state in the in
tereSt of the Democrats. Beside this
important matter, there is great deal
of patronage in appointments of officials
TO places so long held by the Republic
ans, such as health officer, quarantine
commissioner, port wardcns, railroad
commissioners. civil service commits
siOnerS, state assessors, etc. A
truce had been declared until
the decisions had been unraveled.
and the state board of cauvassars
deferredEheir meeting, which had been
fixed for2 O'Clock p. m, until later, so
that they might act III accordance with
the decision handed down. The party
of the men of law was so protected, how
ever. that the board did not convene
until tonight, when they took the fol-
lowing action upon the four cases in
contest:
In the Fifteenth district the certificate
of election was awarded to Osborne, the
Democratic candidate. In the Sixteenth
district the certificate was awarded to
Derby, the Republican candidate.
III the Twenty-fifth district the GER
tilicate was awarded to Nicholas, Dem
Ocrat.
In the Twenty-seventh,
Sherwood; District.
the board did not award any certificate,