New-York tribune., 1891-12-30

Democratic candidate. - ,.
og tho Hoard Of County Canva,Sers Of onond2g,
County and ,uf,ls T. Peck appellant 0rtcg apSaea
ard Judges Gray and oBrle. JUDGE Earl eo1'nIang il:
pss;ntos CRnPprs Psc by o IrGTr Andrews aud Judge
The people ex rel, Patrick j. Ryan respondent, T onha
County Com and David A. Manro jr. appellant. order
affirmed without costs: .o .nno,,s from order, O,
the General Term affirming orders granted by special
Term. awarding the rela'ors perempsory dard wrs VI
Canvassers to correct certain in the de;e naon
of the vote Senator and in the Ist Assembly Dsct
tss' vcsa SSsn' or p fe the
senator, and go transpossd ballots for Munro ''e
aSpesns: tSS% 0TaeT ss%S4 esl
OF atrmance by the General Term of order granted
special Term Ss rnTn the f1s a@ 5s hSS XVII sem
atorIa District solely from the statutory Teans Iess
Certificate Of election to Derby tn. Republican can
! didate for Senator. - A.. e,.
Bosrd OF Canyassers appellants Orders of General and
special terms reversed and application for mandamns
S Sf"sS sr%anSe by The Genera Term Of an
Special Term. requiring tc state Board Of CanVser @ h
Rot Roe ss c sensr in the %x District and to
certificate to Peck, the Republican canddate g. -.
spondents, agt the Board Of County canvassers OF
onondaGa County appellant That part Of the orSr tSG
County canyasseTs cause ths Inspector return to
be sent back for the correction OF tme cleI1cd eriV
rPed. but the rsst of the order requiring tn Hoard
reversed and writ modified fed acCO1sy Isl o VIZ t5e
General Term which affirmed the order made by 'ndse
at special rsauaE TS5@ s s"ns So
turns on Assembyman, IN certain ection districts $;
ss RspuSsH f SSsSSa te '1s
The People ex rel Rufus T. PecE wspondeiuo, an
peiiant Orders Of General and Special Terms revers
and application for mandsmus denied without COST;
TeS V"f o e he spnss Gser Of judge
peremptory writ Of mandamus recurring the appalaht
onondaga County Tor state senaor and declare th re-
suit Of the canvass as IT appeared upon te 1 nd "a
that the reator thought the Board intended TO recognize
or fs with such canvass Of the . vote ior Sa3r n @
some matter not authorized py law "''h re"'u 10 '"o
| transpOsed ballots
.sHERwoODS APPLICATION DENIED.
The following Is in part Judge Earls opinion IN the
matter of the application OF the people the relation
of Franklin d. Sherwood for mandamus. respondent
agt Frank Rice, rs Secretary Of State, appellant.
In this case the following order for peremptory
mandamus was made at n special term Of the Supreme
| Court, and affirmed at the General Term;
alt is ordered that writ Of percmPtory mandamns
issue out ot ana qer c 'e sea- ct s of a for
with to return to the Board OF Canvassers or tne
County Of stenOe or 70 Ie Souy GvTM oi e % INV
said Board on November 10, 1891 and ty said Board
state together with the protest, alldavs, cerdti-
cste and proofs therein referred TO- now on file IN
the possession Of said Frank Rice as S secreta o,
the said Frank Rice, secretary OF state to abstain
and refrain from permitting the said papers, heren0 s
chairman Of the Board of Canvassers OF steuoen
to be brought before the ss aa Bpaa 81 tePe S
adavt, proof. other than the certified copies OF
statements made by the said Board Of County Can.
vassers of the counties of Steuben, Chemung and
Allegany, respectively " in accordance with the
This is an extraordinary order. What possible
fhe ougS SS Of S seaSen the mentioned in the
orderl They did MT belong to the County Canvassers
ng oa Sad S %bs S dd M al ye
TINT they should bereturnedl 1t Is true as all have
held that the Board haye % no gt & to o.; e}sGeE dry 1es o
etate volate when he places papers sent TO him for
look Into them, and what Official duty do tho members
the Road violate 4 they ok into hs bm n1n aa
Heed 'G'T by their rNe coaens % as In H duty bound It
ana Ms % M probable 1a1 sn t 90 s 51% @
it accomplish no useful purpose and could be
Issued only compel the discharge OF official duty for
o the s ms and General Tes d be eS
and the application for a mandsmus denied
Mr.. SHERWOOD AND THE STATE BOARD.
| Judge Earls opinion In the matter OF the appicar
ton Of the People ON the relation OF Franklin ID.
Sherwood for a mandamus, respondent, agt. the State
Board Of Canvassers appellant begins by recting that
the relatOr Franklin d. Sherwood In May, 1891,
appointed a member Of the BOARD of Park Commis-
sioners Of Hornellsve; that he duly qualified, and
has ever since acted as such Commissioner: that at
the last election he became candidate for Senator
in the XXVIIth District; and that he claims that he
received majority the votes cast for Senator in that
district and that he eligible TO the Office. not
w1thstandlng the provision Of Section OF Articl,
Of the Constitution, which provides that; No person
shall be eligible to the Legislature who at the time OF
his election is, or within 100 days previous thereto
| ounhar nf ri
officer under the United States or an officer undr any
| city government :"
The opinion continues in part as follows:
be noSs doubt paSc ose Being ae
public officer, it is next to be d,ternlned
the he esnns Pet M the seeT 1s i o s
provides that there shall be In and for the city OF
hornellsville' Board Of Park Commissioners to con
suted for the city and the act M further , nNd provides st nat
% & sT nd W sa the Of S Of the
members OF the Common Council. 1t IS further pro,
sa 6oS n the priSs Si SG PARK and
upon the appointment Of Park Commissioner to any
other S oGe Tyerv MS PARKS SSe Commssoncr is rored to
give bond to the city for the faithful discharge Of
the official oath aud bond are to be filed with tie CITY
ES Section the Park Commissioners required
10 appoint treasurer. who is to give bond TO the
city be approved by the the rd o61s TNnf f1 Infy dy
pS sn% to tax. ''fss Ss y S1 1u o
demnaon and all such lands are to be t"se4 9 In , the
funds and to be part Of the city t.roTy. They are
clothed with the exclusive power to govern, mGnsgei
engineers clerks police, and other necessary officers,
and prescribe their duties and fix their eompen'at9ns
| with all the power and authority possessed by the
Common Council OF the city. They are also clothed
with power to pass such ordinances they may deem
necessary for the government OF the Park. not ncoi-
sistent with the ordinances of the city, which 0rdi
nances are required TO be published I'm the official
paper Of the city: and m persons offending against
| such ordinances may be punished before ant mag!s
trste OF the city by fine or Imprisonment.
II to too clear for dispute. In view OF these
provisions that the Park Commissioners are officers
under the City Government. They hold their offices
| hY Appointments Of the City Government and there