New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-04
CLERK COTTON REMOVED.
GOVERNOR HILLS PARTISAN OUTRAGE.
JOHN j. HALLOCK, A DEMOCRATIC LAWYER, PUT
IN THE OFFTCR-A WRIT PROMPTLY
SERVED UPON HIM-A LEGAL
FIGHT RACES AT sYRACUEE.
IBY TELEGRAPH TO THE TRIBUNE!

IBY TELEGRAPH TO THE TRIBUNE!
Syracuse, Dec. IA few minutes after O'Clock
this afternoon John j. Hallock, attorney, received
a couTnisson from Albany informing him of his ap-
pointment as County Clerk OF onondaga County vice
George e. Cotton removed. At 200 o'clock Hall0cf
appeared before County Judge A. J. Northrup and
Vas sworn in as County Clerk At 80 O'Clock Clerk
Cotton received an order from the hand OF Alderman
John J. Murray removing him from Office. Just five
minutes later william p. Goodele, attorney for the
Republicans, served upon County Clerk John j. Hal
lock tn writ of mandamus in the Munro-Ryan case
issued by Justice George N Kennedy week last
Saturday The order requires the County Clerk not to
sign any certificate Of election from the Ist Assembly
District until further order of the court is received
The order of removal served upon County Clerk
Cotton his first ntimaton of the decision OF the
ges made at Albany last week and the subsequent
Investigation which closed last Monday afternoon
In fact ten minutes before the time that the order
Of removal served Mr.. Cotton said that he had
heard nothing concerning Governor HIPS decision
lie thought that since the election cases were now
before the courts, and new Clerk could not help much
in the bold theft of Senator and Assemblyman, I
would not to depOse him. The order Is short
and pointed. 1t simply cites that charges Of mscon
duct have been made; that an investigation was held
that both The applicant for removal and defendant
we're heard that lawyers appeared for both, and in
conclusion says:
Ordered, That the said George G. Cotton be and he
Is hereby removed from the said Office Of County Clerk
This is signed by Governor David b. Hill aud at
tested by his private secretary. r. S. Williams.
The following is the condition Of the numerous cases
that have developed from the original MunToRyan
mandamus proceedings
Justice O'Bren has not announced his decision on
Inc motion for a stay OF the mandamus issued by jus
lice Kennedy requiring the Board OF Canvassers to can
vass The vote in the LIST Assembly District.
Argument has not been completed upon the order
for the inspectors to show before Justice Kennedy
why a writ Of peremptOry mandamus should not be
issued compelling them to correct the erroneous re
turns.
The matter Of Supervisor Thomas ]. Welch. charged
with contempt OF court came up before Justice Ken
nedy at 10 o'clock this morning and was continued
until O'Clock when interr0gat0ries were fled Argyll
ment in this case will be heard tomorrow at 10 O'Clock
Justice O'Brien spent the day until 3 O'Clock. in
listening to arguments the motion to stay the writ
OF mandamus compelling the Board OF Canvassers to
recount the vote Senator and Member OF Assembly
I'm the Ist District o. VI. Kellogg OF Cortland, and
David Mcclure Tammany Hall lawyer from New
York appeared in behalf Of MessrS. Nichols and Ryan
Interest in the various continues ut fever heat
although the crowds to-day not excited by any
new developments. Justice 0'Brens extraordinary
special term 10 have opened In Justice kennedys
chambers at O'Clock this morning for the argument
with reference 10 the transposed ballots as bearing on
The contests senator and for Member OF Assembly In
the LIST District 1t thought Desirable however TO
await the conclusion Of the proceedings before Justice
Kennedy in order that the General TeTm room might
he available for the bearing. Justice Kennedy goe
through at 10 80 O'clock and the extraordinary Special
Term convened Immediately afterward The big court
room was crowded to the doors the only standing room
unoccuped being little space about the lawyers table.
The attorneys present the interest Of the Republicans
were W. p Goodeie, william Nottingham and Frank II.
IIiscock for the Democrats, Louis Marshall, George
Drlscoll, william A. Beach, David Mcclure, o. U. KEEL
logg and John J. Talock.
The Niehos-Peck motion for an order to show
cause why peremtory writ Of mandamus should not be
Issued compelling the Board Of Canvassers 10 count the
vote for Senator In Onondaga County and TO exclude
1859 Republican ballots alleged TO bear enormously
printed official Endorsement. The districts involved
are Ist and Id Of Camillus Ist and I'D, Of Clay;
Ist lid and Ill., OF Ebrdge and Ist and I'D, Of Tully
The MurraRyan motion to obtain similar
mandamus but in this case the only districts Involved
were the Ist and I'D OF Camilus and the It and I'D
Of Clay. 1t was asked that 500 Republican votes be
thrown out. thus giving the election to Ryan DEM by
AGO majority.
At the opening OF court Mr.. IIallock asked leave TO
Se an amended return. This was done. An attempt
was made by the Democratic counsel TO prevent the
Republican representatives from having anything to
say In the case, the majority of of the Board OF
CanvasseTs having engaged Democratic counsel The
Republicans were heard, however, In behalf Of the
minority OF the Canvsssing Board. Mr. Hlscock read
tile made by the Board Of Canyassers TO the
order to show cause why writ OF mandamus should
not be issued compelling recount on Senator. Tho
answer denied point that any ballots were inten-
tionay transposed. Continuing, MIR. Hscock read aft
dsvts OF inspectors Of districts where the ballots
trans posed which showed that the ballots the
same as all the ocIa ballots except that the indorse
ment was wrong; that the change was unlntenhona,