The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1891-12-30

Decision Of the Court of Appeals and Rulings
of the Board of Canvassers.
ALBANY, n. Y, Dec. 29.-This has been q
day of intense political excitement at the
Capitol. The Court of Appeals had pre-
viously announced that decisions would
to-day be handed down, deciding contests
for four seats in the State Senate. The
contention and its determination was of
supreme interest in the State ss involving
the control of the Legislature by Demo-
Gratis or Republicans. With q Democratic
executive and Democratic Assembly the
Democratic party needed only a favorable
decision by the Court of Appeals to give to
it complete control of the State govern
ment. On the other hand the contest to be
decided constituted the only chance of the
Republicans to hold the Senate, and thus
a means of opposing Democratic reappor-
tiOnment of the State. 1t was a lively m0rn-
ing about the Capitol building. Every
body spec9lated and prOphesied and Dem;
what mischief Hill would next resort to
should the decisions be against him.
The Court of Appeals did not meet at 10
o'clock, the usual hour. but at l o'clock
BY agreement between j. n. Fiero and d.
X. Cady. the counsel in the case before
Judge May ham to-day, he agreed to post
pone argument until o'clock this after
noon so as not I'd anticipate the Court of
ApDeals's action. The Mayham case re-
quires the State. canyassers to show cause
why they should not be required to canvass
the spurious MylOd returns from the
Fifteenth district, thereby declaring o.
borne. Democrat. elected.
BY agreement Of the attorneys the official
reporter of the Court of Appeals. Hiram
Sickles was to take the decisions and
opinions of the court directly to the Score
tary of States office as soon as handed
down, and read them to the State Can
vassers' Board. which was to be in session
prepared to hear what the court said. The
decision Of the court was. it was under
stood. to be simply an affirmation or re-
versal of the 1Pwer courts on tho points
raised by the Republican counsel IN their
application for a mandamus TO compel the
State board TO canvass the returns without
considering eXtrane0us matters. such as
the regularity of ballots and the eligibility
OF the candidates. Ii the Appeals decision
was an affirmation of the lower courts.
the State canv assers were 10 take no action
until the decision had been made the order
of the lower courts upon the board. This
would be formal matter only, but 1t
would take enough time to enable the
Democrats to get new orders from Judges
Mayham or Fursman by which the State
board would be left at liberty to canvass
the returns as ordered By the Court of APP
peals. or as ordered by the judges above
morning, If the Court OF Appeals decided
in favor of the Democrats the State board
would issue certificates to the Democratic
candidates at once; but If it was the other
way the board would wait till it gets the
formal order from the courts from which
the appeal was taken.
WAITING FOR THE DECISION.
AS the hour of 12 o'clock approached ex-
citement ran high in all parts of the Capt.
tol. The elevator men and orderlies stop
ped every one who came near them TO in
auire. .'How's il Goingl" The clerks In the
departments hurried to the Court of Ap-
peals quarter, and strangers wandering
along the corridors and seeing the tide of
travel setting that way, Joined the crowd
and pushed their way INTO the narrow
space allotted to spectators in the court
room. The attorneys in the case. members
of the State Canvassing Board and others
who were aware TINT the decisions were To
be taken at once to the Secretary OF States
Office. repaired to the department and
lounged about on the easy sofas to await
the result.
The ante chamber to the Court of Ap-
peals and the corridors adjacent filled up