New-York tribune., 1891-12-31
DENOUNCING TIE OUTRAGE.
COLONEL BLISS ON HILLS SUCCESSFUL
PLOT.
THE pUrcHEss COUNTY CASE sURPAssps BELIEF
JUST HOW THE WORK WAS DONE.

the decision OF the court OF Appears anu t'c oN'A'
of the Board of State Canvassers in the contested
Senate cases.
Colonel Bliss dictated the following:
"The decision in the Rensselaer, County case
was Of course what both sides expected but In tho
opinion of the court in that case Judge Gray
surprised the Republican counsel by passing upon
a question not argued by the court In tse same
opinion and not controlling them in this case.
As to the question as to the right to issue .
mandamus to the Board of State Canvassers, rhe
court holds that such mandamus can only come
from the General Term in the Third Department.
The opinion on the section OF the code appnes
only to an Injunction. mandamus such as thh
compels the Board to refrain from doing things
and acts in the same way as an Injunction. Inc
question was not argued before the Court Of APP
peals as the counsel were confident of convincing
, the court that the position the court had now
taken was not correct. But the court fastened to
decide the question without argument, and by so
doing has fallen into the absurd position OF saying
that a mandamus to the Board of State Canvassers
can ONLY issue from General Term, while the
code expressly provides in Section 2,O6s that
mandamus shall be issued only at Special Term.
save in cases where mandamus is directed to .
court of a Judge. If, then this decision Is to
stand. the law Of this State practically says that
the Board of State Canvassers is absolutely without
control by the courts. Next year they may count
out Presidential electors and leave the Republican
party without remedy in the courts OF the state
I do not believe when the attention Of the COuro
of Appeals is called to the aspect of the case that
it will leave it's opinion to stand as IL does
"As to the Sherwood case, in the Steuben
County District, the decision Of the court was
substantially what Republican counsel expected.
The decision is not open 10 any fair criticism. In
deed the court in its opinion so narrowed the
powers of the Board of State Canvassers by con-
fning them strictly to the official returns that IL
rendered it impossible for the scheme. OF tho
Democrats to he carried out by seating Walker,
the minority candidate. They did not dare to
do it, II they had some Of the members of the
Board would have Kicked
In the Onondaga County case where seven
Judges sitting render five different opinions, ana
when Judge Peckham unites with two Republican
Judges Of the court. the opinion OF the majority
makes plausible case-more plausible than sup
posed it could make. In doing they go very
far toward showing that the provisions Of the
ballot act which they cOnstrue unconsttu-
tional although that question was not considered
by the court All that need be said about the
opinion is that it puts the voter absolutely at the
control of the County Clerk. The County Clerk
NAV send out 10 the inspectors Of election, de-
sicnedly the official ballots Of the party to which
he is opposed, distributing ballots in wrong dis
trcts He may desgnedy send ballots of the
first district of town to the second district.
Under this decision all those ballots cast are to
I've rejected as void. The deNsion, il not
amended enables county clerks to decide cleo
tons.
But it was in the Dutchess County case that
the greatest outrage was committed In this case
the opinion of the Court of Appeals and the
ind following
clause and order Of the Special and General Term
is affirmed. The Court of Appeals expressly de-
cares:
1T is ordered that writ Of peremptory man.
damus issue out of and under seal of this court
requiring said Board of State CanvasseB that they
issue certificate Of election to the ONCE OF
Senator in the XVth District Of this State, dis
regarding the so-called returns of the Board OK
County Canvasses which were signed by John
Myod' and yet the Board Of State Canvassers
when questioned by Judge Cady said they had
made the canvas and intended to issue GER
tifcate on the strength of the returns signed by
Mylod, which the court had directed them TO
disregard.
There never clearer case Of disobedience
OF an express order of the court. 1t was out
raccous treachely, and was intensified as it was
in violation of the express stipulation of counsel
to which the Board in effect parties-s
stipulation to which they appealed as justlfying
their action in the Steuben County case. In
other words the so-called gentlemen keep promises
when it suits them or their master and vlolate
them when they please All this is independents
of the act of the same Board with reference to
the other and corrected returns. You remember
that the Supreme Court directed the canvaSsers
in Dutchess County who had sent forward
Mylod's returns to reassembe and make corrected
returns in accordance with law. The Board met
and made such return and filed it officially with
the County Clerk of Dutchess County. Duly
certified copies of these returns were obtained.
The law of 1850 expressly declares that the
corrected returns shall stand in lieu Of original
and shall in all places be treated with same ef-
feet as if such corrected statement had been a
part of the original statement
When these corrected returns were filed 1t be-
came the duty of the County Clerk, whom Governor
Hill had just appointed, to forward, under the law
and order Of the court the corrected returns forth
with to Albany. After attempting by another
| proceeding to get relieved of the obligation which
he delayed complying with for nearly forty-eight
hours he was perslStenty followed up By the
! Republicans To toward the returns. lie did not
do il because Democratic counsel went TO Brooklyn
and applied TO the General Term Tor stay "
! relieve him. The General Term refused 10 grant
! tie stay. The counsel then went TO Troy the
same night and Judge tursman granted a stay
| and the cOunsel nufllcu Dack 10 DutcncsS county
to relieve the County Clerk from contempt OF
court, already continued forty-eight hours Three
or four days later the stay was vacated by
Judge Cullen in Brooklyn. The County Clerk
was called upon to forward the returns and was
| forced to do So lie put them into the mail as
| the law requires. and they reached Albany and
reached officially the Governor and two OF the meu-
bers of the Board of State Canvasers several hours
after the County Clerk had tardiy for
warded the returns. \ further stay was obtained
| from Judge ngraham of this city. The Demo-
cratic messenger went 10 Poughkeepse with it
and routed the County Clerk out of bed at
n. m. and sent him 10 Albany officially to the
| Governor. the Secretary of State and the Con-
troller. lie took bacl, the returns to Pough.
kcepse with the permission of these State Of.
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