The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-11-26
Right Will He Done!

It seems that the result OF fair canvass
according to law Of the votes cast at the re.
cent election will be to give the Democratic
:. party majority in the Legislature Of 1892.
It Is not certain as yet. however. that
such will be the result. The outcome is to
some extent dependent upon the view
which the courts will take OF the proceed
ings OF the Boards OF Canvassers in several
counties. Controversies have already arisen
:. In Queens county. Duchess. Sullivan. and
Onondaga. In Syracuse. Mr.. Justice KEN
NEEDY Of the Supreme Court has made
decision commanding the Board Of
Canvassers OF Onondaga county to send
back certain returns to the inspectors Of
election for correction. This act has excited
considerable criticism in Democratic quar-
tors. and notably has called out the con-
domination Of the Governor OF the State.
On the other hand. Mr.. Justice FuRsMAN. in
Albany. has Just made an order directing
the Board Of Cnnvasscrs Of Sullivan county
to reconvene and canvass the vote for As
semblyman. according to the returns made
by the inspectors. and without going be-
hind such returns. This decision Is received
by the Republicans with the announcement
that the Board OF Canvassers will not o hey
the order Of the Court.
Meantime a feeling OF satisfaction pre-.
walls among Democrats ut the prospect that
the actual result OF the election will be
found to accord with their hopes. while
many Republicans express indignation at
what they call the attempt Of the Demo.
cratic party to steal the Legislature.
We are sure that there is not any desire
on the part Of the Democratic leaders. or
any one Of the hundreds Of thousands Of
honest Democrats in this State to secure a
majority in the Legislature unless it has
been fairly and lawfully obtained at the
polls. We arc equally sure that there is no
occasion for alarm on the part OF the Re-
publicans lest they should be cheated out
Of the majority. il it actually belongs to
them.
In the act Of 1880. which empowers the
Supreme Court to require the Board OF
County Canvassers in any county OF the
State to correct any errors which may have
occurred In its determination. tho various
controversies which have arisen in regard
to tho recent election are all subject to Judi
cial review and decision. II candidate
who is defeated before single Judge at
Special Term believes that tho determine
ton is erroneous he may take it into the
General Term or appellate branch Of the
Supreme Court for review. and II unsuccess-
full there he may go up to the Court OF APP
peals. Ultimately. therefore. all these cleo
ton disputes may DO carried to the court of |
last resort and there finally and authorita-
lively settled: and no one has ever yet seri- |
ously questioned the absolute impartiality |
Of that tribunal.
OF course. any judicial decision may prop
erly be made the subject Of comment and |
fair criticism; but it will be time enough to
question the motives OF such men as Judge
KENNEDY and Judge FURsMAN when the cor
rectness Of their judicial acts has been
passed upon by the Court Of Appeals.
In no event is there any occasion for
public worry or wear and tear OF mind
The Legislature will not be stolen and yet
II the Democrats are entitled to the ma
jority they will get it.