The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-12-16
THE oSoxDAeA coux1T oAszA
Areuments by Democratic and Repubiieai
Lawyers Before the Court OF Appeais.


Arsuments by Democratic and Repubiiean
Lawyers Before the Court OF Appeals.
ALBANY. Dec. 15.-The first two appeals ar
gued in tho Court of Appeals to-day were en-
titled: Tho People OF the State Of New York
OK rel. John A. Nichols. respondent, agt. the
Board OF County Canvassers Of Onondaga
county and Rufus T. Peck. appellants" and
The People OF the State Of New York ex rel.
Patrick J. Ryan. respondent agt- the Board OF
County Canvassers OF Onondaga county and
David A Monroe. Jr. appellants" These are
appeals from orders OF the General Term af-
firming orders granted by the Special Term.
awarding tho REALTORS peremptory writs OF
mandamus requiring tho Onondaga county
Board Of Canvassers to correct certain errors In
the determination OF this vote for Senator. and
in the First Assembly district OF that county
by throw ing out l. 252 transposed ballots voted
for Peck. the Republican candidate for sena-
tor. and $40 transposed ballots voted for Nun
70. the Republican candidate for Assembly,
man.
william Nottingham OF counsel for the Re-
publican candidates opened the arguments.
He said that It was highly probable that tho
mistake Of transposition Of the ballots might
occur in the laborfous duty devolving upon
the county and town clerks OF distributing the
ballots. It was practically conceded by the
relator. he said that at the opening OF the
polls in these disputed districts there were no
other ballots present for the use Of the cleo
tors who might wish to vote for the candidates
upon the tickets In question. It was conceded
also that the electors who used the bal
thereby to vote for Rufus T. Peck Tor Senator
s TN 60 &c sa At
tSs s ssss ' vas SEsssSse sksss iS1S s!sstess
o o ou ne ba He To
w siSs they sS were the innocent Victims .au "
Ana hall then tSn e ir the
Munro: q Munro. a. II f k e the
ssndidste 1 ior Asse%SIy@sn several dssisiSas
IN cases ON similar appeals were quoted to this
The Democratic counsel argued that the Ro-
publican ballots cast in the several election
In M G n95 @
8: CHAPTER 2sy q ths IsTs q isSi. we're yoid:
pearsd tSereen This TACT was cenceded 81
the Repubiiesn membe9s q that Board IS indi-
Ssss .s The fss t
dorsement shall be counted" Copious extracts
Of decisions in this and other States on cases
In point were given which bore out the line OF
ffRss @as further argued in opposition to the
held by the courts below to be illegal were yot-
Ets e. sss q
Ssg sc { Ss Se
formed formed that they were alleged to be unofacial
sssassa sns let u tn snss
s sfSs Wss
order 81 Judge Kennedy Erantips q perSmptoTy
Saea for State senator and nd
ss & the %s%Pp
ss tn H. sSs ca IN sfsn a ss
Peremptory mandamus against a public body
s tSe
refusal to perform duty enioined upon the
the appsa
tion for q writ It clearly appeared from the
ss y ha &C. Board Y
its duties nor dig that the Board had
tented himself with arguing that the Board Of
County Canyassers was a body created BY the
ipnctions; Il was one otthe peculiar oflices q
boards to discharge the duties imposed on
them by law and 1t appeared that the relator
was entitled to the writ upon the merits Of the
case.
PoUaHKEEpsIE. Dec. 15.-The Duchess
County Roard of Canvassers was served with
man Of Albany. directing the Board to show
cause why the proceedings in the Osborne
should not be quashed, and that until that or
der is heard In Brooklyn the certificate of
election given TO Reane shai De held t n ne
bany.
BEHOLD HOW GOOD A THING IT rs.