The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-12-02
BEFORE THE FINAL CANVASS.
TWO ORDERS OF COURT AB0UT
DUrCHEss CoUNTY's RETURNS


DUTCHEss CoUHTYs RETURNS
The County Hoard 10 show Cause why 10
should Not Recsnvass Them, che State
Hoard why % sheeia Not Await the
New Ccunt-Saissine Returns Rroughs
Hack 10 syraeuse-No Clash Between
tho Two Courts sitting There 20 Con
slider Eiectiou Csses-The state Bosrd's
Canvass to Begin To-day.
Troy, Dec. 1.-Lawyers Joseph H. Choats Of
New York. Matthew Halo Of Albany. Robert +.
wilkinson Of Poughkecpsic. and J. Ryder Cady
Of Hudson. who came here yesterday. were ON
hand when Judge Edwards opened the Circuit
Court this morning. Mr.. Wilkinson at once
asked that mandamus issue compelling tho
Duchess County Board OF Canvassers to re-
convene and rccanvass the vote for Senator.
should not this application have been made
IN tho judicial district In which Duchess coun-
" is located :" asked Judge Edwards
Mr.. Choate replied that tho application could
be made before any Supreme Court Judge.
This application comes here" said Mr..
wilkinson. because the State Board OF CAM
yussers meets In this judicial district. The
facts upon which this application is made
nrse in Duchess county and will rtpen in
Albany. DecauBO tHe INV TeVulTeN VnnC tn6
state Board Of Canvassers must meet there"
According to the law. must you reconvene
tho County Board preliminary to adiourning
the state Board p asked Judge Edwards.
I've desire that the County Board shall re-
convene and correctly canvass the returns"
replied Mr.. Wilkinson. The State Board Of
Canvassers is to determine the whole number
OF votes cast In tho State. and they mako their
determination upon the returns transmitted
by tho County Clerks. We ask that
the County Board be directed to reconvene and
canvass tho vote. and that the State Board OF
Canvassers be stayed from canvussing the
State and Senatorial vote in that district until
the canvass OF tho County Board has been COM
pleted."
Hero County Judge Griffith OF Rensselaer,
called tho attention Of Judge Edwards to Soc
ton Cos OF the Code under which he held that
the Circuit had no jurisdiction. and that any
proceedings against the State Board must be
made at General Term.
Mr.. Choate said that the application must
proceed before Judge in this district. 1t was
in this district that tho fraud was to DO con-
summated II at all II the proceedings were re-
mitted to Duchess county. they would amount
to little or nothing owing to the jurisdiction Of
the officers there sitting. he commended that
the Duchess returns now on file in Albany
were false. false In substance and false In
intent. and II the State canvassers were per-
mitted to incorporate them in their tabulation
there could be no redress.
Must not motion Of this character be
made at Q special term in the Second judicial
DlstrictT the Court asked. Think It must"
Where does your Honor find any authority
for that2" asked Mr.. Choate.
in thu Code Of Civil Procedure" the Court
replied.
No ono can question the power Of this
court" said MI. Choats. TO enioin any Board
t tho !e y q prsessing iu defiance pf
saa .spse sEs shss t. rs sSs Laws s
Of 1880. which conferred power on the, Blu.
esn,s .a %e & II s s q
MM WI. I. and Csdy were thus engaged Mr.
I6ave an application here, 70. an order to
FTspkiin 3 sherTood asainss he sssts Board
seventh district. ara rs Deneeratis opPonent
there vas some QUESTION Is T. tSe eaiSiIity Il
NY: sherYood: he having been z Park Qommis-
shsEwood was inellgible: ....,.-..,
resolution dsslasiSs Ms. Sherwood insllslSs.
and deciding that the votes cast for hin were
rn Goa Juass
saayssssrs to pc Illegal: and directing them to
sst sSdss aaa
%Ssh s S Sssn sd
Nj s as sssf h ss a ssa ssRf az
oofioe oi tie Secretary Of State and demanded
fhs ORIGINAL resolution. at the same time ex-
change s g; the oce sse
. next ssss s .asSs 81 r.
IL which the latter declared that Mr..
Sad ss Sst hph s
h hIS seat In tn. Senate because q the inegi
sithia idS days y sha s!sstlaa h0tne.'s-
on ask hes3 Order 81 ssan M
Greeting tho Secretary q State and the State
Hoard 10 Of Canynssers 70 show cause why per
them 70 return to re County GEEK 81 steubess
county the papers sent to Albany and called
ppsk that the order be made returnabie at your
H W.1I,. !. special term At nudson."
eass. o % cpISse q .ho a ape
with great deliheration said:
SHOULD csfsss q Essn at tSsa s ss wit sns
Janus to compel tho Dutches County Board OF
yassers should issue. II at ali. from u Special
Term in that judicial district. There are grave
doubts lieu ,s whether speeal Term in th!s dStrlst
again l have grave. doubts as TO the pro-
Eriety 81 Justice holding a. Special Term
ad this district srm srs.tjns writ There g
keepsie that has jurisdiction. Some proceed
9Gs IN ths cse have already been had there.
Issued the writ Sought Il would, be- an act Of
si hIu Fat hs, With nson Then gaP tse ps
na,uiday next IL only for motions In ac-
t tions triabl" n this. district. and It Is
There Is also special tern, e BE- held In AT
tnany on the last Tuesday Of the month. For
Poughkeepsie.
EEe .sar IN Poaehkeepsie. feel sure
nhve me power to make an order TO- show
s sRnse in that district. but do not think have
inc power to hear u ease arising ip Duchess
county, III com al IN 1.sfrl. al I'M k.o nm