The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-11-28
JUDGE KENNEDY'S THREATS.
Hx sAYs HE MEANS 10 BAvE THE voTE
IN oyoSDAeA COUNTED RreBE
Obey His OrAers Ne Threstess wssh
State rrsso.-He sseers.siy nefsrs se
Gov. HiIrs lntereresee aaa ssys he
VIII Net Stand ANY TriAire.

SYRACUSE. Nov. 27.-Justice Kennedy de-
olared Rom the bench day that the correc-
tions necessary to be made In the returns Of
the election in the First Assembly district Of
Onondaga county to elect David A. Munro. Jr.
Republican. must be made by 4 o'clock to-
morrow afternoon. He IL determined that the
postponsment granted BY Gov. Hill in the case
OF County Clerk Cotton until Monday shall be
taken advantage Of He does not agree with
some other Republicans that County Clerk
Cotton Is 10 be left undlsturbed in ONCE by the
Governor. but is sure that II Munro does not
get certificate tomorrow there will be a
conflict Of authority between the judicial and
executive branches OF tho Government. the
consequences OF which cannot be foretold.
The msndamus issued by Justice Kennedy
to compel the Canvassing Committee OF the
Board OF County Canvassers to send back and
have corrected the returns claimed to be erro-
neous was returnable to-day. To the surprise
of everybody several Of the election inspectors.
to whom the returns were submitted. had de-
fed the Court. and refused to add the
"Jr." or insert the initial "A" to Mon
ros name in the returns. The number
OF refusals was sufficient TO still leave
Patrick J. Ryan Democrat. with majority on
the face OF the returns. When this report was
made to Justice Kennedy on the appearance
Of the canvassers before him. he. too. was as
tonished. Counsel for Mr.. Munro demanded
that the Court compel the Contrasting Com
mittee to reveal why the corrections had not
been made.
1T is enough" said the Court. that the
corrections have not been made. The fact
that the inspectors have refused to do the
work after the mandate OF this Court makes
them guilty Of q felony. punishable a. . States
prison offence"
Then Justice Kennedy. FOR the benefit OF
the inspectors and their friends" read the law
bearing upon the duty Of inspectors to make
corrections Of clerical errors He rected the
false canvass OF the votes or refusing to do
anything required by the statute.
Mr.. Marshall submitted that 30 far as the
Board OF Canvassers were concerned. they had
complied with all the provisions Of the writ.
They haven't complied with all the pro-
visions Of the writ" said Justice Kennedy.
well. 90 far as they could" said the coun.
sci.
Il will say here" Justice Kennedy went on.
that at the next Oyer and Terminer shall
instruct the District Attorney to institute pro-
ceedings against these recusant inspectors for
their omission OF duty"
Counsel for the Republican candidates in
sisted that the report OF the committee be
made more In detail in order that the
responsibility might be fixed on the dis
trict inspectors. To this the Court acquiesced.
fixing 4 O'Clock this afternoon as the hour for
the Canyassin9 Committee to report In
granting the postpouc'nent Justice Kennedy
said that hs would stand no further trininx
Louis Marshall. counsel for the .csnvsssers,
faned hin fnat sa tSs Of
hope So said the Justice.
At the appointed hour q report q the char:
the returns had not been brought back from
the Third Ts s from tTE districts q the sex,
ward and from he s towns WITS 81 s.na ing The rs
snd sim Of shs %s,d wa Ss q tse
any f0 the SI Msrselius dR s.Gissss ThIs
mre@bers but NOT Ss Tho@as
Welsh. the Democrat who. the Court was In
Of n hs
kept them IN his pocket ever since .ney were
10y Where s' is the Sheriff ~ asked Justice Ken.
Sherif. have that man here at il O'Clock to:
oe saSs ne
The Justice then considered the report. and
to
t ausy to RssS s
intImated that perhaps all the inspectors could
not be reached by that hour. Justice Kennedy
said he would. nevertheless. expect It.
fear" he said. that these Inspectors have
been advised to defy the Court by persons who
ought TO know better. The consequences will |
have to be suffered by the offenders. and there !
Is to be no leniency shown"
The Justice delivered himself very foreibIy |
Sso In pad
In tSs
other day. In extenuation OF Mr. Wslshs |
neglect. the fact was mentioned that he had |
been obliged to go to Albany on the Governors
suhpGna in the proceedings to remove the |
Yes. the Justice fairly sneered. I" under
stand o good many men have been subpRnAed |
to Albany since this proceeding began" After |
ward he said: The man, whoever he may be. |
who attempts to trample down the ballot 10 |
doing something that means great danger to
the country"
Again he said: II wish to repeat here what
have already said before. that ! have not the |
least partisanshir in this matter, ~ has been |
charged by high authority. but Intend that
these yotes shall be counted, and intend that |
they shall be counted right. ! have been
greatly embarrassed throughout this proceed
Ing, but am glad to say that It Is not often |
that high authorities interfere with the courts
In the exercise OF their judicial functions"
=, Whether the inspectors will be frightened by
the Judges threats remains to BE- seen. The
are 6rm to-night and little alarmed