New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-12
ELECTION CASES ARGUED.
HEARING BEFORE THE COURT OF APPEALS

SCENTED BY MEssRs. SUTHERLAND. HALE
AND CHoATE-A DECISION Ex:
PECTED NEXT WEEK.
IBY TELEGRAPH TO THE TnisUNEs =,
Albany, Dec 1.-THE noble oak-hned room II
the southeastern of the State Capitol, where
the Judges of the highest court in the otate, mo
Court of Appeals, sit in Judgment upon the
cases presented TO them from the lower courts.
was crowded to-day with spectators as it has not
been before in many years, brought there Dy tho
hearing OF arguments upon the four disputed
Senate district cases. Prominent men OF Albany
sat within the court bar. Naturally also there
were o good many politicians present. since upon
the decisions of the court in the four cases
depends the political character Of the next State
Senate, whether it shall be controlled by the Re-
publican party or the Democratic party. The
Assembly being Democratic already, If the Senate
also should he declared Democratic, the Legis-
aturc would be absolutely controlled by the
Democratic party. The seven judges OF the
Court of Appeals-Ruger, Andrews Earl, Peck
ham, Finch, Gray and O'Bren-showed keen
interest in the arguments of the counsel upon
either side, frequently interrupting them to ask
questions about particular matters mentioned.
There was big array of counsel The lawyers
who appeared to represent the Republican party
were Joseph H. Choatc, of New-fOrk; Matthew
Hale, of Albany; William A. Sutherland, of Roch-
ester; John +. Parkhurst, of Bath; William
Nottingham, of Syracuse; George Bliss Of New
York; Judge ]. Rider Cady, of Hudson, and G. NJ
Ingolsbee, Of Sandy Hill The Democrats were
represented by Isaac Fl. Maynard, Deputy Attor-
ney General; Deos McCurdy. Of New-York; e. U.
Kellogg, of Cortland, and William b. Cannon, Of
Syracuse. Prominent among the spectators were
Ex-Governor Alonzo B. Cornell and Frank Rice.
the Secretary Of State.
As representing inc State Board Of Canvassers tho
first argument was made in it's behalf by Delos
MiCurdy. He ably presented the arguments
made in behalf of the State Board Of Canvassers
in the lower courts TO the effect that they could
examine papers submitted to them with the elec-
tiOn returns to show them who were entitled to
certificates of election as Senators. If the Ballot
Reform law had been disobeyed in the interest
of any candidate, they were entitled to know this
fact 1t should not be concealed from them; so
Also if there was any Misrepresentation Of facts
by County Clerk or other election officer He
especially dwelt upon the power Of the State
Board Of Canvassers to consider the question Of
the eligibility of Mr.. Sherwood to election SEN
ator In speaking upon this mttter, he said
Suppose that the In OF the Senate districts
In New-York last fall voted for Hugh J. Grant for
Senator Now is notorious that Mr. Grant is Mayor OK
that city. Would you have the State Board Of Cam
vassers when Informed Mayor Grant elected Sem
ato certificate Of election TO him, despite the fact
that Constitution says that city officers negts
to be members OF the Legislature May not the State
Of Canvasers take Eoce Of the fact that Mayor
Grant Mayor Of that city, and therefore decline to
give him certificate Of electonf Have they not quasi
Judicial powers Can they not take notice OF the fact that
Franklin D. Sherwood at the time of his election
Park Commissioner Of Hornellsvile, city officer Of that
uhA ho
Legislaturef
us there any machinery" inquired Judge Peck
ham, by which the State Board Of Canvasser1
can be officially informed Of the lack Of eligibility
of such men Sherwood?'
There is" replied Mr.. McCurdy, who then
referred to section of the code which, In his
opinion, provides this machinery" Mr.. McCurdy
then proceeded as follows;
We show in brief that competent evidence was
presented Board OF Canvassers showing the
ineligbiy Mr.. Sherwood. The counsel OF Mr. sher-
wo simply comes and that upon the re-
turns Of the election he is entitled to certificate OF
election as Senator We say that the State Board of
has further TO consider the question OF MI.
Sherwoods eligibility.
Mr. Maynard followed with second argument
for the State Board Of Canvassers he argued
that there was nothing before the Court Of APP
peals which would warrant that body in think
ing that the State Board of Canvassers intended
20 do any wrong The orders Of the lower courts
against them had been perversion of the writ OK
mandamus. In his opinion the case OF Edward
Osborne DEM, who claimed the certificate OF
election in the XVth Senate District, transcribed
in public importance the case Of Mr.. Sherwood
He then continued
What are the facts in this Osborne case' They ~
that the Board County Canvasses Of Duchess County
met and proceeded orderly and deliberate 70
election Of that county They COM
peted upon the 23d Of November and they
made their tabuated They directed the County
Clerk OF County send the returns TO Abany
and what did he Acting upon the advice Of Republican
counsel he refused attest that return His duty
solely ministerial the Board OF County Canyassers
appointed secretary tenn To act in the county clerks
place. Mr.. Myod this secretary transmitted the returns
to Albany.
Did this return have the seal of the County
Clerk ?" inquired Mr. Hale, for the Republicans.
Il am talking about the papers before this
court" answered Mr.. Maynard and he resumed
his argument.
On the Both day OF November the Secretary Of stats
the return and the County Clerk refused give
The sole question here il whether the State Board Of
Canvassers consider this Myod certificate good
Certainly this Myod certificate Is evidence
yet before the state Board OF Csnvassers as 20
the result Of the election. What were the
OF County Canyssers to do Were they 10 institute
swsut against the County Clerk We say that Board
OF County Canyasser right send this copy the
the Board Of Canyassers The County
Clerk judge Of the OF the county
yassers That is TO be left o courts.
William A. Sutherland who had been selected
for the Office by Mr.. Choate and Mr. Bliss, then
opened the case for the Republicans. lie made
q strong, logical argument in support Of their
position lie called attention TO an afiidayit
presented by Mr.. Parkhurst, showing that 10
had demanded of the State Board OF Canvasse0
that it should issue certificates of election TO the
four Republican Senatons-elect who were making
this appeal But now Democratic counsel @ers
claiming that no demand had been made and
denied in these cases. Continuing his argumenb
Mr. Sutherland said:
Mr. Rice the Secretary Of State. makes an andavit
that the State of CaDyassers would have issued
e tacates TO the Senators-elect the XVIII. XvIh.