New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-29
BROOKLYN JUDGES REFUSE TO ACT.

DELIBERATE DEMOCRATS TRY TO NULMFY THE
DECISIONS OF JUDGE KENNEDY.
The Democrats who arc attempting to steal the
set in the Assembly belonging to David ~ Munro Jr
OF Onandaca County, were In Brooklyn yesterday in
the hope Of persuadng some OF the Democratic lusuces
OF the Supreme Court in the Second Judicial District TO
come TO their aid and nuliify the decisions OF
Justice Kennedy which have stood in the way Of the
schemes Of David u. Hi. Governor Hill and his
Judge Advocate General however, found that they
could not make tool of Justice Bartlett
Justice Kennedy in syracuse on Friday, granted an
order directing the Inspectors OF election in the lst
Assembly District of Onondaga County to correct the
returns and CONT for Mr. Munro ballots which through
the of the Inspectors not Of the voters were put
down as being cast for persons with different spelling
Of the same name. some of the canvassers declined
TO make the corrections and the Court declared them
guilty of contempt and said that he would instruct the
DlsictAtorney to proceed against them. lie directed
them to make the corrections before yesterday.
1t was IA stay this order which was required.
Almet f. jerks. the Corporation Counsel Of
Brooklyn, and also the advocate General
OIL Governor Hrs staff, considered ii In keeping
with his Official duties a lawyer for The whole peo
pie TO appear the counsel for his patron, the
Governor Senator in his character of champion seat
steaer. Mr.. jerks, with Mr.. Stokes, the attorney for
Patrick j. Ryan, the claimant for Mr.. Munro's seat APP
pesred before Justice Bartlett and asked for stay
The motion was denied the ground that the court did
not consider it within its proper province 10 interfere
when II was not shown that application had not been
made in vain 10 all Of the Supreme Court justices of
the district in which Syracuse is situated.
The order obtained by George l.. Weeks. the Re-
publican candidate for the Assembly in the lid Dis
trict of Queens County, directing the County Can
yassers TO show cause why mandamus should not be
issued compelling them 70 reconvene and give 10 him
certificate of election, without papers attached was
also reurnabe In the supreme Court yesterday morn
ing. The attorney for James A. Mckenna, tue Dem
Ocratic candidate, not ready to argue the order
and the case adjourned. -,
After being rcpused by Jusuce Bartiett IN DIS ap,
pcaton for n stay In the Munro case, MI stokes the
attorney for Ryan went 10 the house OF justice Gavin
f. Pratt in Psclfc-s He brought the subject TO the
attention Of that judge, but was requesei py he
Judge not 10 make formal application. seeing that
stay would not be granted he refsned from doihe So
When seen by Tribune reporter last night Jus
tce Pratt expressed great surprise that yahs ia"yer
should have come TO Brooklyn for stay, WIN Oil
the judges in New-Yor City aud the country TO whom
he might apply II was customary Tor one JudSe, 70
grant STAYS on orders Of another pending a nearing
whenever there appeared 10 be reasonable ground 10
believe that there might have been a mistake made
However he did not believe he would be Justified IN
interfering In the concerns OF another judicial dIstis
when all the judges there had not been applied 10.
Were the in his district the judge seemed 10 think
case as presented behalf Of Ryan was that Justice
Kennedy had ordered votes counted for David A.
Munro, jr which were cast for David A. Monroe,
David Munro and others. IL was alleged that there
Pratt thought that to that those votes meant
To be cast for Mr.. Munro, the Republican candidate.
would be a stretch OF judicial authority When told.
however that the Republicans asserted that the votes
tie inspectors had made the mistakes In spelling when
6Iing out the returns: Justice Pratt answered
.Oh II that is the case u is perfect answer 10 the
objection raised to Justice KeDnedy's order OF