New-York tribune., 1891-12-24
HILLS ABUSE OF JUDGE KENNEDY.
uoLENr LANGUAGE IN A MEMORANDUM IN THE
CASE OF SUPERVISOR WEIGH.

CASE OF SUPERVISOR WEIGH.
Albany. y. V, Dec. 23.-Regardng his decsioR in
the matter OF the application OF Thomas j. Weich lor
Executive clemency Hill has filed the follow
ng memorandum with his approval OF such apphcalloh
Tb,s k an anplcaton for Executive elemency behalf
n Thomas J. WEIGH who has been adjudged by an orueI
granted by Mr. Justice Kepnedy, TO be guilty Oh ernnh
roneu and sentenced to Imprisonment in the common jan
O. Onondags County thirty days and to pay nne C
$3.50 the extreme punishment authorized by law Weleh
va member Of Board Of Supervisors ana oil the bu
q Canyassers OF Onondaga County Inc lToceeoi"s uiu
which is attempted nfiet this punishment grows ou'
tie canvass OF cast at the recent election III
that county IL does not appeal that Weleh disobeyed
,ny order Of the directed TO him. Juoge henes
sitting at special made an order r"0uhg the DoHu
n Couv TO send back returns for correction
In certain election districts. The order was "''nou'
trecedent and its legality Is open serious question Inc
Board acting under this compulsory Handate anu aef ~
had passed resolution that there were no errors app
pt pon the returns recurring correction directed Weleh
n take back the returns IN the election ostrlcts
in his ward Before he could comply WIN
This direction OF the Beard he was subpoe"aea
10 produce the returns before me upon Nhe 'ii"
Of harges Of official misconduct against the Clerk OF Oton
dscs County one Of those charges that the ClerK
had made certain alterations OF these returns or prtN
same 10 be his office, and the charges eouio
rot be properly determined by me without the aceu"
pruo OF the rsturno bcfore and the inspecaon hefeOi
by me. As soon a. the hoIne was concluded ara ue
eon reached the papers returned to Syracuse and
to inspectors and finally corrected as ne
order Of tire required.
Aside from the grave questions involved as to the va
KITTY Of the oroer OF the eour which, 1t is claimed that
wech dsoLeyed am satisfied that he ought not to suer
punishment on Of what lie did under these elrcu
stances.
Am entirely familiar with what has taken place In TINS
county during the past thy days, by which mas Deen
attempted under guse Of judicial pf0cceuh2 10 'O
bel the Board M County TO declare results no
autorized nv law Every member Of that Board ia the
discharge Of Official duty was Justheu 'h IeSons W
all honorable and lawful means prevent the eonsumme
Of the great wrong which was contemplated was
sought TO substitute partisan Judge in place OF the Board
Of Canyassers and 70 nuly the plain provisions OF the
Ballot Reform law Every henber oi @ie
Board who endoayOred TO defeat this pSrtlsan
scheme and 20 maintain the dignity ana jurisdiction OF
that BODY upon whom law had conferred inc neht 10
canvass the votes IS entitled commendstion, and not
% punishment Never before in the history OF The state
been arbitrary use OF )uoicisl power
Attempted.
There - another sufficient why Executive elem
eney should be interposed wech has made application
ter stay OF proceedings pending appeal fiom Judge
Kennedy's order sdjudgng him In contempt "hicn mas
been arbitrarily denied. This is equivalent 10 aen'i
of justice his appeal can be heard anu uo
e.a!ned the Will have been eAeeuIeu anu e
will suffered the greatest punishment whch 'ne ID"
permits the innlet No matter no" liiegh OF
Irregular order which is accused OF violating OF
how unauthorized the proceeding which resulted IN MS
conviction, there Is adequate redress Tor MN IN tne
II is for just exceptional cases that the
psdonne power wisely vested by the constitution In
the Governor, and there should be hesitation 10 eX-
ereise It, when invoked in such d
The ettempt imprson Weleh at this time for thify
Gays has peculiar significance when is shown that inc
Board Of Supervisors tied politically, and
asv v session. and WIZ b called uDsn immediately To-