New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-02-16
OUSTING REPUBLICAN ASSEMBLYNEN.

GUSHING REPUBLICAN ASSEMBLYMEN.
NOT THE SLIGHTEST CHANCE GIVEN FOR FAIR
TRIAL OF THE CONTESTED ELECTION CASES
Albany. Feb. 10 (special).-In his last two annual
messages Governor Hill has spoken in plan language
AGAINST legislative bodies determining contests for
coats in those bodies. In doing he exhibited to the
world at large a pretensiOn for perfect harness In
-et,;ng contests Of this nature and an apparent
desire 10 see them conducted in open court where
testimony presented cond have its just weight This
l. how he has spoken but exactly TO the contrary he
| has acted
rho decision of the Democratic majority OF the
Assembly Committee on Privileges and Elections TO
reper in favor of ousting from the Assembly W. Bar
loy Dunlap of Montgomery County, without giving
him a chance TO be heard in any way. only goes 30
bov how far the Governor can be trusted wien he
dirae ia gain an end. There is doubt that the
Governor is responsible for the actions Of the ma
oritv on this committee. If they dld not nave some
nro.sure behind them stronger than themselves IL Is
hardly possible TO suppose that any member OF inc
committee would be willing to convict Il man "ith-
ont giving him a trial and ialr 'riai Io
,ors n possjble for the committee to Oust Repubr@'s
i n,ort,s warning the Governor instructed the
+astants in three counties to begin proccedhgs
before the MAYOR or Recorder of the city III WINCH
tbev live This is recurrence 10 aD olu aN" '"
practically obsolete law, which allows the Mayor vi
Decorder Of cities TO take testimony III eiecuoh caSo
and fine testimony so taken can be presented to the
legislative committee for consideration Hi'cr IN
aiming this testimony majority of legislative com
mittec can vote to GUST Tie sitting member ana give
the seat over to the contestant But thls course lids
not been followed for many years.
n has been the custom of the members Of the Re
publican party when election cases have come oeio
them as members of the Legislature for action 20 give
both sides every possible opportunity TO bring "1e
bcfor Inc and to hear all the
testimony that the defence desired to present such
was the practice during the last session OF INC As
sembly on the Albany election contest and Win te
senate Committee in the cases of senator's ComS ann
Chase. The Assembly Committee did not report until
near the close of the session and the Senate Com
mittee has not yet reported. In all three Oh these
cases there evidence enough to warrant summary
dismissal of the defendants from the seats which they
held.
But Governor Hill must have Democratic ma
jority which lie control. The vote on the stahleP
Dive' bill last week showed that he could not con-
troll a majority on legislation Of that character 1t
was a surprise to him TO learn that every Democrat
in the Assembly would not vote for that he
wanted passed to please the brewers and he IL bound
to have sXty-hve Democratic votes that lie can de
pend upon lie has therefore taken advantage oil a
condition of affairs which he brought about TO insure
the control Of enough votes to elect United States
Senator 10 dismiss summarily from The Assepbly Re
|
taking OF testimony before the Mayor Of Amsterdam
in the of the seat Of w. Barlow Dunlap BY
John F. Dwyer before the Recorder Of COhOes IN the
contest of the held by Cornelius Il. shelter, aud
the contest of the seat Of Nevada " sranahaI, Of
Fulton County were all begun before United states
senator was elected, that the Governors ouSGng
committee could lie called together hurrcdy and pass
upon the without any delay. IL he had Dee'ed
three Democratic votes then, all that
he would have been required to do w1 to
snap his fingers, call Assemblyman Webster
| TO him, order him to get his committee
together and eXpcl the three members. This
did not have 10 be done then TO elect Democrat to
the United states senate. but it is being done now
10 pass bill allowing dance halls and beer dives
10 sell wine and beer all night.
A day or Two before the stadlcr bill wa, last
brought up IN the Assembly word Wa carried TO
Asscmblymen Dunlap and shelter that vote for the
bill to open the dives7 OF New YORK after midnight
would mean that There would be no further contest
OF their seat, Both Of these AhscmDlymeh Ihdi!-
nanty refused sell their principles for SEAT IN
the Assembly. Ii wac on Tie evening OF the DAY
which the stadler bill failed In the Assembly Gal
the bouncing committee by a party vote decided
to Dust Assemblynan Dunlap without being decent
majority of the committee viii probably be made
by "Wednesday. The committee viii draw up tEi,
report from printed boon of the testimony taken
before the Mayor Of Amsterdam. This testimony !,
given i'll AWKWARD and irregular way by wltne7-e,
who swear that they are Democrats and Who In most
Instances neither read nor WRITE The burden "
the testimony t1eS TO convict Mr; Dunlap aud ms
friends Of bribery. The Is made out Gcaus; him
in an ingenious. tut exceedingly bunglng fashion VII
after Witness j. made 10 swear That hc GER
tain John Smell in OF his hotel cl elton dan,
where h showing men how 10 fold pdster ballot,
When asked for ballot, smell would mark
something in book, and two days after the election
those who got the ballots received through the mails
fYedOllar bill wrapped in piece Of paper. Through
means, mysterious or Otherwise each Of the VII
nesscS who gave such testimony had lost the envelope
in which the money had come. and each had spent the
money. II such testimony 4 this that The com
mittce decided TO GUST Mr. Dunlap without giving hin an
opportunity to present single witness 10 show up
tie real character of the who hi, testimony
The minority report 10 The Assembly In which every
Reubcan member Of the committee viii INIT" viii
be brief and to the point II VIII simply protest
against the conviction Of man without aforng
fair and decent trial.
The Committee on Privileges and Elections did not
hear single witness Of the defence nor was the
counsel Of Mr. Dunlap permitted 10 word upon
the matter. The whole decided upon tho
one sdcl testimony taken by the Mayor Of Amsterdam.
There could not be decision unfair and unjudi-