New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-08

chance for the State Board of Canvassers to do So
An affidavit was submitted from John L. Little.
of Bath chairman OF the Board Of Supervisors oil
Steuten County, declaring that the County Clerk oil
that county had not been authorized to procure from
the Secretary of State the resolution calling atter
ton TO Mr. Sherwood's eligibility
Upon their part the Republicans submitted to
the. court an affidavit from John Il. Parkhurst,
declaring shat he had demanded of the State
Board Of Canvassers that certificates of elecuon
should be issued to Senator-elect Derby. Peck and
Sherwood.
In support of the stipulation Judge Edwards
issued five orders-frst, the matter Of mandamus
90 Frank Rice, on the application OF Franklin ID.
Sherwood against Frank Rice. to compel him TO
show papers attached to the Steuben County re-
turns by the Steuben County Board of Supervisors
second, in the matter of the mandamus against
the State Board OF Cauvassers, restraining IL from
acting on any extfaneOus matter IN the ohefwoou
matter; third, the matter of the mandamus OF the
application of William G.. Daley and John l. Piatt,
as REALTORS for Gilbert A. DeaDe. deceased against
the State Board of Canvassers, restraining IL from
counting the election figures on the Mylod GER
tifcates from Duchess County ;,fourth the matter
Of the msndamus against the State Board OF Can
yassers restraining it from issuing any certificate TO
g.:zsof the mandamus to compel the State Board OF
Canvassers to issue certificate Of election to
John H. Derby, Republican candidate for Senator
in the XvIth District.
The papers in the cases were submitted to the
General Term of tn, Supreme Court this afternoon
by Mr.. Hale. Mr.. Maynard and Mr.. McCurdy and
were by agreement passed on at once TO the
Court of Appeals The papers will be submitted
TO the Court of Appeals tomorrow, and that
body will be asked to hear argument upon the
cases at an early day. 1t is believed that the
Court of Appeals will listen to the argument in
the cases next week, Tuesday or Wednesday, and
will hand down decisions upon them before
Christmas Day. This will give ample time for
the State Board Of Canvassers to act upon the
foursremaining election district returns.
The State Board of Canyassers met this morning
and again this afternoon, each time holding five
minute session. This evening its members held
a secret session in the Office OF the Secretary OF
State. ana then announced that the Board would
stand in recess" until summoned together
bv Secretary. of State Rice This
action OF the State Board OF Canvassers
would indicate that 1T has lost faith
in Mr. Countrymans wonderful discovery, that
it can only consider the State election returns
Tor period Of five days, period which expires
that the members of the State Board OF Nanvassers
acquiesce in the proposal TO settle the disputed
suspicion that the members OF the Board are Sc
cretely pleased with this arrangement, and that
the only man who is displeased with it is David
Mr. Hill relieved his anger over
the failure of his plans to count in" a Democratic
Senator from the Duchess District by removing
Clerk Hoffman, of Duchess County, because he did
not sign the false election certificate from that
county addressed 10 the STATE Board OF Canvassers
Mr.. Hills days of malignant action are numbered.
The people of this State will be cursed by his
holding the office of Governor only twenty-tour
days longer, His removal Of Mr.. Hoffman is
termed malignant because it palpably is so.
judge Barnard, of the Supreme Court, on Satur-
day, declared from the bench that the Board Of
Supervisors of Duchess County had not obeyed
the election laws when they made out the cleo
tion returns which they sent to Albany, and yet
Mr. Hill removes Mr.. Hoffman because be would
slent return was true transcript of the election
returns Of DutchesS County. Mr.. Hoffman would
have deserved removal If he had signed such re-
oSviGns Is SO" the fact that Mr. Hofmans term term
expirAs with the month, and his Democratic
successor. as County Clerk must obey the
election returns from Dutchess County to the
State Capitol. Mr.. Hill filed an opinion with his
order in Mr.. Hofman's case, in which he en-
deavors 10 justify his action in removing the Clerk
i was as bitter and partisan as il it had been
drawn up by 9, ward heller instead of the Gov.
ernor Of the State. In this document Mr.. Hill
maintains that Mr.. Hoffman bound TO afiiX
his signature to the fraudulent certificate. lie
says:
proceeding Tor his removal has effect the
nandamus case. 1t neither helps hurts r. His
lection Is justified by Judge Barnards
subsequent order directing recount by the Canyassing
Boart. The eerk had right to anticipate that de-
cision. He could not usrp the functions OF the court
His duty plain and explicit and for partisan reasons
and partisan advantages he refused perform
IT, County Clerks throughout the State be given
understand that they only ministerial officers and
above the law and they must carry out the plain
provisions OF the statute in election matters well in
Everything else regardless OF political considerations or
- CONSEQUENCES. -il. '~ ~