New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-12

commissioner.
We that the State Board Of has no sn'
to consider papers alleging he was city officer
But you admit that Sherwood was Park
Commissioner" said Judge Earl.
ave do not in our papers, replied Mr. Suther-
land
Suppose that the man was not resident OF
this State? ' inquired Judge Earl.
- In that case,' replied Mr. Sutherland, 1T
would be the Senates right to pass upon the
matter. not that Of the State Board OF Can
vassers.s Mr.. Sutherland continued:
We claim the people Of the State Of NewforK are
interested in these four cases for important reason
In the Moves Congressional this State Court OF A
peals said certificate had been issued Dy 'he V
Board OF canyassers to the wrong man, rms s'aee ou
Canyassers claims meet for only hve days. she a'
then cannot be reconvened The people, therefore, arc
interested the State Board OF Cenvassen should ee
again in the Neyes case, not FOR only hVc oas' anu
issue certificate Of election Senator to the wrong man.
In behalf Of e0O0 OF the people OF New1oK we ASK
Won n extend your arm over State Board Of Csnvasser
in conclusion. 1 would state that we CAIN 'nAs
the State Board OF Canvsssers Is mhIseer'a'
body and not invested Judicial functions 1t must
tsbuate declare the result OF an election Ho anu
only FROM the certified statements OF the county canvass
ers There legal returns before the state noa'o
from the county Of Duchess Until they shall come puf
suant to the command Of the court by Judge Barnard the
State Canyassers cannot canvass the votes for senator
cast in Duehess County 1t is said there is presump
ton that public wils do their duty but there no
that the Board Of Canvassers know the
law None OF them except the Atorney0eneal is OF nece
sty lawyer four offices OF State Engineer Treas
urer Secretary State and Controller do not demand or
make necessary that their ncumbents should be learned
in the law They before the court with their adj
y~rs claiming to possess certain powers against which
claim we are contedng Counsel before the court pre-
sumaly of some learning dsagreeng to the
law. II ever there illusaaton Of need for the
advice the courts to go 70 ministerial officers OF the
state illustration is OF hand The hnmeasurabic
In
of our fathers shall be yet aside and the State Can
vassers the first time in the history OF Newfofk be
PAINTED 10y the failure Of the coart TO ntcrcre) to ass
sumo and discharge judicial functions and thus 10 encour
age county canvassers set themselves up as courts OF
high prerogaye the TO the peace and good order
Of this great State precedent should be set this year
by thA State Canyassers for O revolutionary course
Of procedure next year, when the election OF
President NAV turn upon q few disputed votes in
some tountry district OF the state Of NcwYork furnish
conditions which should influence this cous In Affirming the
sood Judgment Of the courts below when they pointed out
70 the state their path Of duty and commanded
them TO walk therein.
Matthew Hale, for the Republicans, then dwelt
upon other features of the cases. He said:
In the Sherwood appears that the County Board
Of Supervisors Of Steuben County expressed an opinion
addressed the State Board OF Canvassers as TO the law
erd the facts This learned body Of county states
men graclousy conceded in tSdr resolution
about Mr. Shewoods eligibility that matter was none OF
tete business they still forwarded the papers to Albany
luton and they DID, But wren the County Clerk OF
suben County demanded papers Deputy Secretary
Of State Benedict refused to return them Then they
made fresh adavts showing that they were afraid that
we would withdraw from the consideration 81 the state
Board Of Oanvassers all papers pointing out Sherwoods
elk ged ilel2ibiiity.
Now as TO tire Dutehcss County returns. They showed
that Edward Osborne had 92 plurality for Senator In
Dutehes County but the Dutehess Board Of supervisors,
by throwing Republican votes contrivcd to represent
that Osborne had plurality in that coInya statement
which appeared elect him Senator by Ji plurality The
County having made these corrections
requested County Holman to certify to the correctness
o. Che returns refused sign them Until he had COM
pared them with Official returns. Mr. Myod signed tho
PAPER and that the before the State Board Of Can
Yassers.
make the point that Mr. Sherwood has an undisputed
majority and secondly that the State Board OF CanVasses
intends 70 consider the bearing upon his
case as proved by the affidavit of Frank Rice We hold
that the Court Appeals should affirm the order against
the State Canvassers unless decides that tho
Stale Can,as.ers can consider these cxtaheouS
papers.
Were all these people this Senate district aware that
Mr. Sherwood inegibe Is II the right OF TINS slae'
hoard OF Canyasseis take evidence throughout the coun-
ties OF steuben Chemung and Aegany as to the intent
Of the voters voting for Sherwood surely the Con-
stitution gives Senate alone the right to take THIS
evidence.
yassers have right consider the Mylod certificate
No stItuto gives the State Board such power inc
County Board Of Csnvasers oil Dutohee county VINO SEM
that certificate doing what the statute expressly
prohibits
: "You claim that the County Clerk had right
10 refuse to sign that certificate inquired Judge
Peckham.
I'VE claim, replied Mr.. Hale, that he had
a right personally to refuse to commit a crime
What becomes of the result of the election ?"
questioned Chief Judge Kruger.
lie could be compelled to sign the election
return by mandamus through the courts, replied
Mr. Haze
Chief Judge Ruger then said: He is not a
member of the Board of Supervisors, then now
can he be held to be responsible for their acts
We claim" answered Mr.. Hale, that he must
certify as TO the correctness of the returns"
But still he has no reason for knowing what
has been done," said Chief Judge Ruger
In our briefs, replied Mr.. Hale, we point out
that nv Section 81 of the Ballot Reform law
m is MADE a crime to faIsfy the result OF an
election We say that this Board Of Canvassers
knew that thy Me5e To bet em in it.
Hoffman knew that the statute had been violated
and refused to join in the crime Inc Myioa
certificate was false, and he knew it 10 be false
The only fault OF Theodore Hoffman was that he
refused to certify TO crime
an the Derby case the facts presented are as
70 alleged bribery and r al tne 81 PS ga
votes The certificate had been, however, WIN
held from him."
:" In the Peck case, we can say nothing. because
the State Board of Canvassers refuse to permit us
TO see the papers. 49,.
N doe, not matter which political party. sue
ceeds in this contest, but il is a matter OF I'M
portance that we should know what powers the
State Board of Canvassers possess; Our conten-
tion is that the State Board merely has to do q
sum In arithmetic to see which candidate received
the most votes for the office for which ne was
elected
Mr. Choate as usual was forcible. He called at
tenton to the fact that the counsel OF the
State Board Of Canvassers was attempting 10
Gain a decision upon techncalities, and not upon
the substance of the several disputes. Mr.
Choate said in part:
III the court will glance at the spuations made by the
State Board OF by ourselves in order TO