New-York tribune., 1891-12-26
LAWLESSNESS AT ALBANY.
oo1LUsrvE PROCEEDINGS BEFORE JUDGE
MAYHAM
TRULY AN EXTRAORDINARY SPECIAL TERM -
THE TRUE RETURNS FROM DuToHEss
COUNTY STILL LEGALLY BEFORE THE
STATE BOARD OF CANvAssERs.
,sY TELEGRAPH TO THE TRrBUNEJ
,BY TELEGRAPH TO THE rRrBuNE.I

COUNTY STILL LEGALLY BEFORE THE
STATE BOARD OF cANvAssERs.
,Br TELEGRAPH TO THE rRrBuNEI
Albany, Dec. Ex-Governor Hills act in calling
an Extraordinary Special Term of the Supreme
Court in this city on Wednesday, and directing
Judge Mayham 20 preside over it. for the sole
manifest purpose Of getting legal authority for
The State Board of Canvassers to use the false
election returns from Dutchess County, has cx-
eltsd great indignation among voters Every
ritiyen of the State knows that Judges Cullen
Barnard, Pratt and Dykman have all declared the
returns false ones. and have directed the County
Clerk Of Dutchess County to send the correct
returns TO Albany The false returns are not
sttested by the County Clerk. They are signed
by a private citizen of the State, named John
Mylod. and that is all. Even Frank Rice, the
Secretary of State, who has this "Mylod return"
in his possession clearly has faith in its validity
for otherwise he would not have sent to County
Clerk Hoffman, of Dutchess County, and demanded
,he election returns of that county, after the
sMylod return" had been filed with him. But
ss stated, Governor Hill on Wednesday sought to
Give the State Board of Canvassers some excuse
for canvasslng this false election return brought
here by MylOd
The Extraordinary Special Term of the Supreme
three persons were present-Judge Mayham,
Deputy Attorney General Maynard. counsel of the
State Board of Canvassers, and J. Newton Fero,
the counsel Of Edward Osborne, the Democrat who
claims the certificate of election in the Dutchess
Senate District Naturally the counsel of Gilbert
A. Deane, the Republican, who was elected Senator
from the Dutchess district, were not informed Of
Ibis proceeding before Judge Mayham. 1t took
only few moments for Mr.. FIero TO state that he
desired q writ of mandamus to compel the State
Board Of Canvassers TO canvass the "Mylod re-
turns from Dutehess County and, as might be
expected, Deputy Attorney-General Maynard made
no resistance to the application. Judge Mayham
therefore ordered the State Board of Canvasses
10 show cause on Tuesday next why he should
not issue a peremptOry writ of mandamus TO COM
pel it to canvass the "MylOd oertifca'e.' Speak
ing of this action before Judge Mayham's court,
Eugene Burlingame, one of the Republican coun-
sci of Gilbert A. Deane, said to-day:
There is little room to doubt that the
members of the State Board of Canvass
ems, with possibly two exceptions, arc
conspirng 10 avoid performing the plain
duty enjoned by the law, and by collusive pro-
cecding, trying to obtain decree OF the court
without an opportunity for Republicans TO De
heard which shall justify the use of the so-called
convening of an Extraordinary Special Term by the
Governor without public notice The appearance
before that court as soon opened of Mr. Osborne
By counsel with motion papers ready prepared, ac-
conpanied by Judge Maynard, representing the
State Board, who makes no objection to the appl-
cation for an order 10 show cause with stay, fully
Justify the charge that il is collusve proceeding
The truthfulness and legality of the Mylod GER
ticate were assailed by the Republican counsel IN
the Court of Appeals. But since the arguments In
that court the Supreme Court, in proceedings then
pending, has declared that certificate false ana
illegal and the Board of County Canvassers OF
Dntchess County was compelled by the order of
Justice Barnard TO reconvene and count the Deans
ballots that had been omitted in the Mylod GER
tifcate and to make true statement o1 the VOTES
cast | have no doubt Justice Mayham, when ne
secs the tran that is being set will do Justices
Barnard and Cullen did, and allow The Interested
nartes 10 intervene and be heard and refuse to be
party 70 this scheme to ignore the corrected re-
turns Under the statute the truthful election return
from Dutchess County supersedes all other returns
hence the great struggle of the Governor ana ms
associates TO prevent ths corrected return, which
stands in lieu of all others, from finding It's way
into the office of the Secretary of State, and thus
coming before the State Board, for when once
before the Board. il must canvass from that
"If the Mylod return ever had any legal stand
ing which we deny, it has been effectually super
seded by the corrected return from DutchcSs
made under the orders of the supreme CourC.
Both Justices Barnard and Cullen have insisted
that the corrected statement must be fled The
law REQUIRES it, Besides. County Clerk Emahs
was expressly ordered by Justice Cullen to forth
with forward certified copies thereof to the
Governor to the Secretary of State, ana 10 tnc
Controller, and all three TO he hled III
the Secretary of States Office. The clerk dlu
mail certified copies from foughkeepse
On Monday evening the 2lst inst; the packages
reached Albany at ! O'Clock Tuesday morning, anu
with other mail matter We're put into the private
boxes of each of these officials at the Albany Post
Office. The Governor and each of the other Off
eials have a specia messenger TO take mail matter
from the Albany Postoice and deliver it in their
respective departments. These messengers took
the packages containing the certified copies OF this
corrected return from tn, PostOfiice at an un-
usually early hour in the morning. We have un-
doubted proof that each messenger took the mali
matter of his official chief into th, respective de
partments an the Capitol and then and there sur
rendered TO Mr. Emans the package containing
these certificates which he had mailed the evening
previous There can be doubt but what thes@
messengers were acting under express INSTRUCTIONS
from these three State officials, in the main nope
Of avoiding the effect that the law HIS alfeauJ
given TO this corrected certificate
In depositing these documents in the fost-
Office at Poughkeepsie, County Clerk Emans was
performing an official duty. When they were
taken from the postoIlcc at Albany by the special
messengers Of the Governor. of the Secretary OF
State and of the Controller, they were In
i1ie Official hands Of these State officers
When Emans received them back, he was acting
outside of Dutchess County he has no authority
as County Clerk And when the messengers III
the Departments surrendered these corrected re-
turns Of Dutchess County they represented their
superiors but not in their official capacity. me
a in, aK-a of X