New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-07
THE DUTCHESS CONSPIRACY FOILED.

THE DUTCHESS CONSPIRACT FOILED.
The Democratic Supervisors of Duchess County
and their masters and abettors hardly slept
soundly last night. Judge Barnard placed brand
upon them on Saturday and put an end to
their conspiracy. 1t did not indeed need any
words of his to convict this gang of scoundrels
at the bar of public opinion OF an unblushng
attempt to steal the Senate seat OF the XVIII
District But it did need q decision from the
bench to compel them to abandon their vile
purpose. In throwing out the votes cast for Mr..
Deane, the Republican nominee for the Senate
on the pretext that they were marked for identi-
fication these Democratic Supervisors, as we
have repeatedly shown, acted in plain and wan
ton disregard of the new ballot act. Marked or
not marked, the Supervisors had no more right
to divert those ballots from Deane than they
would have had to count them for Roswell p.
Flower. The law, their official oaths, fair play
between man and man, a decent respect for the
will of the majority, all demanded that the
votes which the electors had cast for Deane
should be credited to Deane. But these wretches
stole ninety-two votes from him in cold BLOOD
while David b. HILL who had directed them to
perform the dirty work, showed his approval OF
it by summoning before him the honest County
Clerk who refused to give the fraud his sanction.
Judge Barnard gave the Supervisors distinctly
to understand that the stolen goods must be re-
turned; that the votes taken from Deane must be
placed to his credit. He granted writ of peremp-
tory mandamus, compelling them to recOnvene
and count the returns as they were originally filed
and forbidding the State Board of Canvassers to
recognize the T0gus Duchess returns. The
granting OF this order by a Judge whose De-
mocracy is unquestoned is singing rebuke to
all concerned in the steal, from David Is. Hill
down. On the other point raised by counsel
before him. whether or not any one had the
right in law to appear in the place OF the late
Senator Deane, the Judge, alter listening to
an argument from Mr.. Choate rendered decl-
sion which fttingly supplemented the writ OF
mandamus. We apprehend that no fault will
be found with it by any fair-minded citizen. 1t
was monstrous proposition advanced by the
friends OF Mr.. Osborne that in Il matter OF such
vital importance, a matter involving one OF the
cardinal rights of the American citizen, the ma
jority lost the right of representation in losing
their chosen representative. Judge BARNARD
holds that the right still exists, that the pro-
oeedngs which Senator Deane might have insti-
tuted if he had lived may now be instituted in his
place by any of his fellowcitizens OF the district
who survive him.
In taking the stand he did, Judge Barnard
simply followed the plain dictates of the law, and
was consistent with his ruling in the Newburg
case. to which reference has already been called
Nevertheless in view Of the enormous pressure
which must have been brought to bear upon
him to decide otherwise than he did, he is en-
titled to the thanks of the friends of an honest
bollot