New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-04

are extraordinary times, as any one can tell BY
looking upon the Democratic Boards Of Supervisors
they count out Republican candidates for office
with big majorities, and award the certificates
TO unsuccessful Democratic candidates. Eugene
Burlingame, one of the Republican counsel. went
to Schenectady last night. and obtained an
order from Judge Landon, of the Supreme Court.
granting these papers 10 prevent the State Board OF
Canvassers from issuing certificates to the
defeated Democratic opponents Of Senators-elect
Derby and Peck. Justice Landon issued an
order addressed to the State Board Of Canvassers
for it to show cause before Judge Edwards at
Hudson on Saturday why q writ of mandamus
should not issue restraining it from taking into
consideration the eXtraneOus papers referred to
regarding Mr. Derby and Mr. Peck.
William A. Sutherland, of Rochester, one of
the Republican counsel, presented these papers
TO each member of the State Board of Canvassers
as soon as it was called to order. Secretary OF
State Rice then addressing the Republican
counsel made reply TO their letter OF yester-
day TO the Board of State CanvasSes proposing that
the Board should permit the Court of Appeals to
decide the contested election cases, and that mean
while the State Board of Canvassers should re-
frain from acting upon the election returns Mr..
Rice said:
This Board wants TO say to counsel who CON-
municated with the Board in writing yester-
day that after considering the proposition made.
the Board is of the opinion that it has no
power to enter into any specific contract relative
TO these contests but that if counsel representing
the various contestants and the various parties in
interest will proceed with all possible dispatch
10 get an adjudication from the courts, this Board
will in any way it can facilitate the work, and
20 that end will adjourn from day to day until
il can have the advantage of judicial decision"
4a1l folIoNUed hn uupStion
of the powers of the Board to adjourn beyond
five days. Mr. Sutherland said that counsel were
agreed that the law on this point was permissivc.
The Board, however, would take legal advice on
the subject, Secretary Rice said, and give it's de
cision tomorrow. Attorney General Tabor at the
time expressed the opinion that the Board of State
Canvassers could meet for a longer period than
five days. The Democratic counsel thereupon
MAIDS demonstration of their willingness TO ap
peal TO the courts. In their behalf, Almet r.
jerks, Corporation Counsel of Brooklyn, read the
following letter addressed to Matthew Hale, one
Of the Republican counsel:
Albany Dec. g.
The Hon. Matthew Hale.
Dear Sir Replying to the communication Of joseph II.
Choat yourself and Others addressed to the Board of
and the counsel representing the Democratic
candidates for Senators in the contested Senatorial Districts
with pleasure your recognition OF the
desire manifested 10y Governor Hin OF counsel hereto
representing Democratic candidates to secure an orderly
speedy judicial determination of the vexed questions
which have arisen in connection with the election OF the
candidates mentioned whom have the honor to repre-
We would misrepresent the wishes Of clients,
party and all interested in s welfare IL we should
fa this time submit the question in dispute TO the
adjudication the tribunal suggested in your commune
cation You viii appreciate that the chief difficulty lies In
the practical execution OF the proposition However, we
arc ready meet with committee of three, to be APP
pointed by with view Of agreeing upon the details
Of plan adjustment. You fully realize the importance
speedy action, and suggest, therefore, meeting
Of committee Of three appointed by you with Ike
committee appointed by at the room OF the Assembly
Committee Internal Affairs, Immediately otter the add
Of the State Board OF Canresers this morning
!. II. GILBERT.
ALMEr r. jerks.
D. q. GRIFFIN.
W. L. HOPKINS.
RICHARD b. GREENWOOD, Jr.
The members of the State Board of Canvassers
agreed that they could DO nothing more to-day, in
view Of the legal complications, therefore adjourned
until tomorrow
Immediately after the State Board adjourned,
the counsel of the two political parties met, the
Republicans being represented by William H.
Sutherland of Rochester; John +. ParkhurSt, OF
Bath, and Judge j. Rider Cady, Of Hudson; the
Democrats by Daniel G.. Griffin; the personal rep
resentatiye of Roswell 7. Flower; eX-Judge Gil
bert of OtsegO County and Judge j. NJ. Whit
man. Of Whitehall. The committees held short
conference in tie room of the Assembly Committee
on Internal Affairs but could come to no agreement
in consequence of the fact that the members OF
the State Board had said that they must secure
eminent legal opinions as to whether or not they
could canvass the State returns for longer period
than five days After the conference dissolved
Mr.. Griffin said
=" 1t would be useless for to agree to go before
the courts if the State Board of Canvassers is linn
lied TO five days consideration Of the election
returns; for, of course, the courts cannot act
within that time"
The Republicans thought about an hour later,
that the Democrats not quite SO anxious as
they professcd to be to have the election cases
tried in the courts when they were served with
a formal notice requiring them to appear before
Judge Edwards in Troy, at 8 O'Clock tomorrow
morning and make such reply as they pleased
to an application made by Deputy AttOrney-Geneial
Maynard for a vacation of the order OF that
Judge staying all proceedings of the Board OF
ktGte CanvaSScrs In regard TO The DuGhess
County election returns They then learned That
Isaac II. Maynard, the Deputy Attorney-Genefal.
who has been David b. Hills confidential mes
senger to the Democratic Board of Supervisors
engaged in the diSreputable work OF counting out
a Republican SenatOr-eect, had appeared before
Justice Edwards in Troy yesterday afternoon, and
had attempted to get this order, but that Judge
Edwards had then declined to listen 10 him.
They further learned that Maynard had returned
to Troy this morning and renewed his application,
desiring that it should be Immediately granted.
What made Maynard's work the more in
teresting was the fact that he had been
backed in making his application by every
member of the State Board Of Canvassers
Thus it was apparent that at the very time the
Democratic counsel were declaring in letter that
they were willing that the courts shonld decide
the election contests, and the members OF the