New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-19
Mr.. FLOWERS RESPONSIBILITY
HIS PART IN THE DEMOCRATIC PLOT.

Albany, A.
Democratic GoveInorelect, think OF the Democratic
plot 10 steal the State legislature? He must surely
have thoughts upon this interesting subject,
since for the last two days he has been In the CON-
psny OF the active managers of the Democratic party
In this State Governor David b. Hill and Edward
Murphy ir, chairman of the Democratic State Com
mittee. Mr.. Flower Monday night was deep In con-
versation with Mr.. Hill at the Executive Mansion here
in Albany. Last night he profoundly interested
in the talk of Mr. Murphy, at the latter's home in
Troy. II would be absurd to think that Messrs.
Flower, Hill and Murphy, while together did not
talk the prospects Of the Democratic party hev-
ing majority in the Legislature. Indeed. on the
very night of election, Governor Hill said that the
Democratic party had majority in both houses and
Mr. Flower, to Judge from speech he made at Water
townA few days after election, under the same i'm
preston, and radiant with the thought that the
Congress districts and he seats In the Legislature would
be reapporfoned in way that would please the Demo
cratic party, and with the further reflection that
Democrat would succeed Frank IIsoock United
States senator
But since the latter part of The week
of the election Mr.. Flower must have been aware that
the election returns show that the State senate stands
Is Republicans and "A Democrats and that the AS
semby, under the most favorable outlook possible for
the Democratic pGrty has "a Republicans and "a
Democrats. Mr. Flower nowadays also must have
knowledge OF the fact that Democratic Boards OF
Supervisors in the counties of Rensselaer,, Columbia,
Duchess, Onandago and Seuben acting obviously In
concert have been manipulating the election returns,
with tho apparent aim of making It appear that In the
districts Of which their counties respectively form part
four Democrats been elected to the Senate, in
stead OF the four Republicans each of whom received
majority of the votes cast for Senator I'm his district
These four Republicans have the following plIi-
ralites: Deane 80, Derby CO. Peck $40, Sherwooo
1000. Would Mr.. Flower deprive these men OF their
seats and thus deprive large body Of the voters
OF the State of their choice for SENATOR'S Would we
desire TO act in union with fraudulenty constituted
LEGISLATURE? These questions which the Vo'ers
Of the State are beginning to ask themselves
Mr. Flower cannot clear himself of responsibility
by saying that he is merely GoveTnor-eieo'. Every
one knows that word from him, addressed 10 inc
Democrats who are attempting to steal the legislature
would put stop to their proc tedngs. Mr. Hill ID
merely a Governor whose term VIII expire Ill sN
weeks. lie has no power to punish or TO reward as
Mr. Flower has Already Nj. Flower, in the eyes OF
the Democratic politicians is the head OF ms party ia
the State of New-York Whatever Mr. Hi ana MI
Murphy are doing 10 obtain certhcates OF eiec~oh
for Democratic candidates for senator VINO "sro
not elected to that Office will be charged also ~
may be sure, to the account OF Roswell +. Flo"er'
II Is .vident from what Democratic politicians
that their plan of operations for capturing the senate
Is 10 have the Democratic Boards OF SUPERVISORS ueaN
acting upon tie election returns until the meeuhg o
the Democratic state Board of Canvasser. and then
hastily to in the Democratic candidates Tor inc
senate who now have minority OF the nun'oer cf
ro,ee Then tbe state Board OF MISUNDERSTANDING
Of state Rice Controller Wemple state Treasurer Dan
forth Attorney General Tabor ard state Engineer
Boeart-can with plausibiy argue that they gave Inc
certificates election to The candidates Tor senator
who appeared" to have the largest number OF votes
one of the most IaScay features Of this Democratic
plot is 10 have the Board Of CanVssers refuse
a certificate of election to Franklin ID. Sherwood Rc-
nubUcan Senatorelect In the XXNllth District, upon
the ground of nOnelgibilty. Tie Democratic Boam
Of supervisors of steuben County have attached
resolution to their report Of the result Of the election
for Senator In Steuben County. in which resolution
they cal the attention OF the state Board oil Can
vassers TO Mr. sherwood's alleged noneliGibity 1he
obvious intent of this resolution is TO have the State
Board of Canvassers disregard the vote for Mr. scr-
wood and give a certificate of election 20 Charles H.
Walker Democrat, who received 900 votes less man
Mr. Sherwood had. senator SaAton. speaking to day
about the action of the steubon County Board OF
Supervisors, said
That Board of Canvassers exceeded their authority
I'm certifying facts not appearing in the certificates OF
canvass The functions Of boards of canvassers are
purely ministerial They have no judicial power Wiia
ever The courts have always 50 held, ana IL was
expressly decided in case at Special Ierfh' WHICH
have In mind, that board OF county canvaSecfs nave
no authority testimony OF any kind or TO tRe
proof even by affidavit. Any one can find my su-
the case of Korts agt. the Board Of Supervisors OF
Greene County. 1t is perfectly evident even to a
layman, that boards OF canvasscrs try the ute vi
different claimants ONCE by reading the statutes
which define their powers. Let them examine Chap'cr
1870 Laws Of 1912, Title ,, sections o. and 10, as
amended by Chapter 80, Laws OF lo47, Section Ia.
The statement made by the steubcn County Board as
10 the circumstances bearing upon Mr.. sheIwoods
eligibility iEelibility were either based upon EVIL
dence not In the one case the board en-
oeeded their powers i'll receiving the evidence III the
other case the statements cannot BE- of any value
What about the powers OF the state Board OF Can
vasseisl'
They are the same, any one can see by IN
s2ectng Chapter 80 Laws Of 1872 Title 3, section 81
as amended by Section 20 Of Chapter 24O OF the LAWS
Of l847 / believe thai sherwood is eligible But
whether he is is not is not question for board
of canvassers. In order TO arrive at an Intelligent
conclusion AS to whether not Sherwood Is eligible
the circumstances must first be asceitained and then
Il must be determined whether The law is applicable.
The Constitution, Article 3, section o. says tiaa no per
son snail be eligible TO the Legislature who at inc une
OF his election H. within 100 days previous thereto
has been, member OF Congress- civh OF miIafy
officer under the United States, or any omcer unecr
any city government. Yon can see that In ofaer 10
dclermne a question of eligibility under this PROVISION
the facts the law must be ascsraincd ana apSe'
In short the matter must call for a judicial i'll
yestieadon. If the Board of CanvasseFs assume 10
determine these questions, they usurp the power Vi ING
tribunal signated by law for that purpose In case
OF legislative office, that tribunal, r.4cr the CohsN
tuition, Is the legislative body Oh when ne cisIns "
be a member. Inc Board OF Canvassers can Only ttOu'
late the votes cast for each candidate III tley az
tempt to do anything else, they VIII VOiats an NV
and precedent. IT would be a dangerous thing TOT
partisan Board determine contested election cases
especially when they have no power 10 ascertain te
facts declare the Law. They cannot refuse sherwood
his certificate without ad1udging, in substance, upon
the certificate Of board Of county eanvassers as TO
facts ascertained In an eStra-lud way, that the
votes cast for him were null and yoc. They cannot
grant the certificate Charles h. Walker without going
even further IN the direction, and adludglng that
lie persons who the vote for Sherwood knew at
lie lime that he Ineligible because the Court OF
Appeals In the People ez-rcl. fEman sSt Clnte.
~ New YORK, page SOL decided that the candidate
having the next highest number OF votes 10 the
cast tie In -nQble candidate CnnnOf be