New-York tribune., 1891-12-20
PRICE FIVE CENTS.
REPUBLICANS GAIN A POINT.
PUsHIS5 THE DUTCHEss COUNTY CASE.
JUSTICE CULLEN IN BROOKLYN AIDS IN TIn


Tho Dutcbcss County contested election cases
again came before the Supreme Court in Brooklyn
yesterday, and again the Republicans were prac-
ticay victorious The question came up before
Justice Cullen, in the Special Term, on the return
of an order obtained by the Democrats from JUS
ticc Fursman in Troy 10 show cause why stay
t, should not be granted on the order of Justice
barnard, directing the Board of Canyassers OF
Dutchess County to transmit TO the STATE Board
Of Canvassers certificate OF the election OF
Gilbert A. Diane, the Republican candidate for
Senator in the Xvth District. District-Attnrney
James w. Ridgway and Dclos McCurdy, for Ed
ward Il. Osborne. the Democratic claimant for
the seat, and William 4. Wood. for the Dutchess
County Board of Canvass,rs, appeared on one
side; and on the other side were Colonel George
Bliss and Robert f. Wilkinson, for the Repub-
licans.
Mr. Ridgway opened the case and asked that
the stay lie granted. He reviewed the incidents
leading TO the application. The Dutchess County
Canvassers, by throwing out thrty-one ballots, on
the ground that pastors on them were
there to enable them to be identified,
counted small majority for Mr.. Osborne. Before
the State Beard of Canvassers could canvass these
returns, John l. Patt and w. c. Daley, electors, APP
Piled for and obtained mandamus to compel re-
count Of the votes and the inclusion of the thirty
one rejected ballots in the returns. On appeal,
Justice Mayhem, of Albany, granted stay, but
it was vacated by consent to enable statement
Of the vote including the marked ballots to he
filed. Then Osborne obtained from Justice Bar
nard mandamus directing the Board of Can
vassers to reconvene and make out certificate
as before without the thirty-one ballots counted
On the return of this writ, Justice Barnard him.
self granted it. ordered the Board of Canvassers
to give the certificate of election to Mr.. Deane, and
stayed the State Board of Canvssers from acting
the original Osborne certificate. The Democrats
appealed from this order, and Monday last
applied to the General Term in Brooklyn for .
stay pending the appeal. The application was
unanimously denied but permission was granted
for application for stay to be made to some
other justice. 1t was made to Justice Fursmnr
Of Troy, and the order to show cause granted by
him being returnabe before Justice Cullen yes
terday, he was asked to stay Justice Barnard's
order.
Mr.. Rdgway pleaded for the stay ON the
ground that the State Board could not act on
the Osborne certificate, but could on the
Deane certificate. which Justice Barnard ordered
should be transmitted and that they would be
compelled to declare Deane elected, and he was
dead the Governor must order another election
Meanwhile Osborne would be fighting for seat
he did not succeed in proving his claim, then the
vacant seat remained, and the new election could
take place any time.
Mr. Wood seconded Mr. Ridgway's application.
Colonel George Bliss answered that the same
questions were before the General Term on Mon
day, and the application had been denied. He
quoted Justice Banard's remark to the Demo-
Gratis You have got false returns at Albany.
Now you want to prevent the right returns from
going there This court won't help you TO do
it. The motion to stay is denied
Then, he said. the lawyers had hastened to Troy
and got o stay from judge who not familiar
with the facts and granted il for presumptive
reasons. In the mean time, the County Clerk Of
Dutchess County holding to the corrected
returns with death-like grip, though called upon
time and again to send the returns to Albany.
All day Monday the cer. was asked for them
without avail and up to the time on Tuesday
that the Troy decision enabled him to hold on
to them. Colonel Bliss went over the details
of what he called the alleged testimony as TO
the marking of the ballots.
Delos McCurdy utterly reversed the position
taken by the Democrats that stay could be
granted against the State Board of Canvassers
and said that they did not desire that the stay
on tle Osborne certificate should be vacated, but
that one the Deane certificate should he
granted. After hearing the arguments Justice
Cullen said:
Il cannot shut my eyes to the fact
that this is great political question
and must be decided by strict law II
each party Is desirous Of seeing Justice
done, think that they will agree that it ought
to 20 to the court of last resort. Though this
court does not wish to be understood as evading
any responsibility, it suggests that the case be
fak keu tn NJ thp N urt.
of the First Department in New-York on Monday,
where formal judgment may be taken, and that
the next day il be taken 10 the Court of Appeals
the condition being, however, that the GER
tfcatc now in the hands Of the County Clerk of
Dutchess be transmitted to Albany SO that the
State Board of Canvassers, now under stay
which you don't question, may act at once on
whatever return the Court of Appeals may decide
to be valid
Justice Cullen also added that he should de-
eide against either side which he saw trying to
act unfairly in the case, but that il they dis
posed to do so, he thought that final decision
could be obtained from the Court OF Appeals be-
fore its adjournment on Thursday. An adjourn
ment taken to enable counsei to agree upon
the form OF an order. After recess the Demo-
Gratis objected that il they agreed that the State
Board of Canvassers should be stayed FROM all ac-
ton until final decision, they putting them
vantage Of any partial decision of the Court Of
Appeals, but Justice Cullen said that the stpu-
lation could be v0cated at any time that the Conre
OF Appeals made a decision which cleared up the
question as to who was elected.
An order then signed by Justice Cullen, va
eating the stay granted by Justice Fursman, but
stipulation ordering tiat all action of the State
Board of Canvassers be stayed until final deter
mlnation of the case ordering that the Deane re-
turns be forthwith transmitted to Albany by the
Clerk of Dutchess County, and stipu-
lating that The appeal from Justice Bar
whole question turns, be taken before the Gen.
eral Term Of the First Department in New-York
on Monday and then Immediately TO the Court Of
Appeals This orderwas intrusted TO Mr.. Wood
10 be taken to Poughkeepsie and filed there.
While engaged in drawing up the order. Colonel
Bliss and Mr.. McCuriy had some good-natured
words about whom they represented Colonel