New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-30
NoYEs,s REQUEST DENIED.
THE BOARD OF STATE OANvAssERs NOT
LIKELY TO GIVE HIM JUSTICE.
ArroaSEY1eENERAL TABoR's OPINION THAT
rur noARp HAS NO LEGAL POWER TO
MEET AGAIN AND CANVASS THE RE
TURNS IN THE xxvI1ITH CON-
npEsS DISTRICT.
FEY 7ELxeAAPH TO YHE TRIBUNE.

Il
eREss DISTINCT.
| .- FEY 1ELxeAArH TO THE TRIBUNE
| Albany June e9.-Attorney General TABOR gave an
ox,r,on tnhav which derives a Republican Congress
mane,sot Of this State, Henry 7. Soyos, OF seneca
Fails AZ his seat in Congress. While Mr. Tabor has
GIVEN tbis opinion public opinion everywhere IN tne
state win recognize the fact that Governor Hi Is te
man who thus dofrauds Mr. Noyes OF the place OF honor
70 which no was chosen by the people MT Noyes nsd
the misfortune 10 run for Congress IN ds'rc inc
| xxvIIIth In which David B. Hill also lives wheh ne
= =. hors when therefore the election returns last
November showed that Noyes had been elected the
Hill Democrats at once went to WORK 70 iaisy tne
cturns II would not do to have 10 said tnae 'r' MN
| had lost his own Congressional district Ihey con
tro,l.d the Board of Supervisors Oh tne couhues VI
Seneca and Chemung, and through them chaheeu 'ie
election returns. The fraudulent returns Neie u,.u
sent 10 Albany and upon them the Democrauc euate
poard ~ Canvsssers granted certificate OF elecuon 10
r.aa II Rockwell the Democratic candidate Tor Con-
gress. , $1,000, vvu,,n,
crther,and NJ Rochester, obtained n1uncuons
from the courts, commanding the Board OF super
visors OF the offending counties to reconVene anu
count the election returns uss as they rcce,nou '
from the inspectors of election Governor Hin iouene
NJ sutherland in the courts, but the latter oefeaoeo
hin, and took I'D the to tho Court OF Appears
That august body has both Democrats ana hepupn
cans as It's members but 1t gave non-parusan NC
cision. On June 2 1t unanimously decided MT.
sutherland's appeal in favor OF MT. Noyes' anu
drected the Boards Of Supervisors Of Chemung and
seneca counties again TO meet and to correct uer
former action by giving Mr. Noyes the votes ne TO
ce,ved which would elect him. The county Boaios
~ sunervisors obeyed the order OF the Couro :"
Appeals recanvassed the returns OF the Oonere'So"i
election and sent them to the Secretary OF oa'e az
Albany Did the Board OF State Canvassers al onoo
meet and upon the corrected returns a"sN q
certiHc ate OF election TO Mr. Noyesi They uo no1'
hut took no action Mr. Sutherland thereupon ad-
dressed them powerful letter, setting forth one Iae'
~ Mr. Noyess election recitng the various proceeu
ines in the courts requesting the ooasu 10 oonVeno
mon the call OF the Secretary OF staN' anu W uo
termine and declare what person was eiecteu W No
gross in the XXvIIth District, and TO deliver 10 inc
Secretary Of State the certificate OF SUCH oeo"o anu
closing In part as follows:
are q Marty can succeed in his fraud by inducing
County Canvassers TO falsfy the actual result d an
election and then by appeals and stays OIL proceeuns
delay the correction of those errors although orueru
in due season by the Supreme Court, and atcr hoius
the Supreme Court in check until the State Board snail
have met and delivered certificates Of election ana can
then induce the State Board to decline to act upon te
corrected certificates chapter 400, laws OF 1880, IN
relation 10 elections will be converted into mere
travesty upon justice and oil encouragement 10 "ons
doing by tempting the party derauded into the path
way pointed out by that statute, only 10 hn IL al
ambuscade.
"These suggestions made with the greatest re-
spect for your honorable board and, with no thought
that YOU would wish 10 do other than your duty IN the
premises but only because il is understood That INC
party holding the certificate made as the result OF yo
canvass on December claims that your hOhoraDie
board has not now the power to obey the statute Oh
$780, and to treat the corrected returns In all places
with the same effect and in lieu of this original efro-
neous ard untrue statements from the counties oil
Chemung and Seneca"
Attorney General Tabor today said: Il nave
written to Mr.. sutherland a letter giving 1t as my
official opinion that the state Board Of CanvaSserS
has no legal power to again meet and to canvass the
election returns OF the XXVlllth Congressman DIS
trct" ,,, ,o.h.oa,,.
follow the Attorney Generals opinion, and VIII refuse
10 act In the matter. Nr. rockwell thus holds
certificate of election which the Court OF Appears on
this state has virtually declared TO be inVahd Inc
fraudulent action OF the Board OF supervisors OF
Chemung and Seneca counties IS thus sustained. Inc
only remedy Mr.. Noyes has IS to appeal to the House
of Representatives but that being Democratic, II can
easily be seen now that his appeal VIII be III van.
Mr. Moves has been defrauded OF his seat The voters
Of that Congressional district Will have something IN
tcresting 10 say upon the case at the polls TINS nall
when secretary of state Rice, state Treasurer Dan.
forth and state Engineer Boyart who memt ers OF
the State Board OF Canvassers, come up for re