New-York tribune., 1891-12-31
THE STATE BOARDS CRIME.
REPUBLICANS SEEKING TO PUNISH IT.
A CONSULTATION OF ERs-CoNTEMPT PRO
CEEDINGs NAY BE BEGUN-A POSSIBLE
EFFEcr OF JUDGE RUGER's DECISION.
IBY TELEGRAPH TO THE TLisCSE.I


Albany, Dec. 3O.-while David B. Hill and the mob
Of hungry ofliceseekers who are focking to the
Capitol In droves were to-day celebrating the capture
Of the Senate through the dsobedience by the men,
bers Of the State Board OF Canvassers of the orders
the Court OF Appeals and OF the Supreme Court the
Republican attorneys were considering the best posi-
BILE plan to punish Frank Rice, the Secretary OF state
and his associates in the political grand larceny.
Zach of the five members Of the State Board IF Can
vassers is in the opinion Of eminent lawyers guilty
Of contempt of court and the judges whose orders have
been ignored may punish Mr. Rice and those who joined
with him in disObeyng the Supreme Court.
Both Judge Edwards, at Hudson, and Judge Bar
nard at Poughheepse, issued mandamuses TO preVeh.
the State Board of Canvassers from considering what
each of the Supreme Court Judges before whom the
question came as well as the seven judges OF the
Court OF Appeals held TO be fraudulent and ncorrect
return OF the votes cast for Senator In Dutchess
County This fraudulent return was the Myiod
return, OF the two orders granted by the supreme
Court judges, only One that OF Judge Edwards' "eh'
TO the Court of Appeals, and was there acted upon
BY this court 1t affirmed In language so pam
that any one but Hll-controlled politician "ouid
perceive it, Frank Rice knew it, and so did Attor'
ney General Tabor but both OF these men, under the
Hill whip so far sank what little reputation for fair
ness they had left as openly to defy the Supreme
Court and the Court OF Appeals, by using Tile msiod
return 1t is upon this ground that 1t Is proposed 10
punish each member Of the State Board OF CanVassefS
who disobeyed the order of the court, Beside the
seven members of the highest court OF the state TWO
of the abest and most upright judges OF the supreme
Court have been openly deted
Colonel George Bliss Of New-York William A.
sutherland Of Rochester and Judge j. Rider Cady OF
Hudson, were in consultation until a late hour ms'
night on plan 10 bring the matter TO the attention
of the courts. ave do not do this simply because
we have been beaten by the State Board of Canvassers
Nh, Gut
morning; "but. unless something is done to put
stop TO such higfhanded and outrageous proceedings
as that witnessed last night when the Court OF Ap-
peals was absolutely defed it will end in revolution
Supposing next year Presidential candidate shouu
carry this state by slim majority as that gwen
10 Cleveland in 1884, and this Democratic Board OF
Canvassers should attempt TO 1ugge with the returns
as they have done in this instance, there would be
revolution. The people would not stand it. There
fore il is the duty OF all good citizens to check such
tendency"
The plans Of the three lawyers not yet fully de-
veoped, but they intend TO apply to both Judge Ed
wards and Judge Barnard within the next day or two
for order compelling the members OF the state Board
of Canvassers to show cause why they should not be
punished for the contempt which every honest man
admits they committed These will not be taken
up until after David B. Hill has ceased to be Gov
ernor, at least IN name as his work in the case OF
Supervisor Welch, In OnOndaga County has shown that
all political criminals who obey his orders will escape
punishment If Roswell p. Flower wants to pardon
such men, he do So and take the consequences
which must naturally follow
1t is the opinion of many politicians that the de-
csions Of the Court of Appeals have opened up way
for some fragrant political knavery In the elections
to come and by some men il Is thought that Judge
Rugers opinion in the Peck case has pointed out the
brOadest and most dangerous path TO fraud. Judge
Ruger held that the mixing Of ballots thereby sending
those designed for election district TO another
disfranchised all who happened to vote the miXed-up
o-nght That construction of the law by Judge Ruger
makes it possible for either party next fall to dis
franchise anywhere from 10000 to 10000 voters.
Supposing in NewYork City and Brooklyn, at the next
election the Democratic election officials to it that
the Republican ballots in the various Assembly Dis
tcts are sent to the wrong election districts, and the
Republican County Clerks in some thirty or forty
conntie of the state do the thing least 100 900
voters could be dsfranchsed without the least show of
were disfranchised yesterday