Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-12-30
DEMOCRATIC.
The Democracy Now Has the New
York Senate,
THE ASSEMBLY AND EXECUTIVE.
The Supreme Court Of appeals Decides the Contested
Senatorial Election Cases in Favor Of Enough
Democratic Candidates to Make Major-
ity-Will Afe;. National Politics.

! State Senate.
The contention ind its determination
was Of supreme interest in the State as
involving the cont'ol Of the Legislature
by Democrats or Republicans. With a
Democratic executive and Democratic
| assembly, the Democratic party needed
only favorable Cecision by the Court
OF Appeals to give to II complete con-
tol of the State Government.
On the other hand, the contest to be
decided constituted the only chance of
the Republicans % hold the Senate,
and thus a means d opposing Democrat
re-apportionment d the State. 1t was
q lively morning about the Capital
Building. Everybody speculated and
prophesled, and Democrats and Repub-
lcans alike discussed what mischief
| Hill would next resort to should the de-
cisions be against Linn.
The Court Of Appeals did not meet at
ten o'clock, the usual hour, but at one
o'clock. By agreement between j. n.
Fiero, and d. Il. Qdy, the Counsel in
the case before Judye Mayham to-day,
he agreed TO postpae argument until
two o'clock this afternoon, so as not
anticipate the Colrts of Appeals ac-
tion.
The decision of the court will be
| simply an affirmation or reversal of the
| lower courts Oh the points raised by Re-
publican cousel in tieir application for a
mandamus to compd the State Board to
canvass the returnsWithout considering
extraneous matters, such as the regu-
larlty Of ballots andeligibillty OF candi-
dates.
As q prominent Democratic official
| put it this morGing,if the Court Of APP
peals decide in favo' OF the Democrats,
the State Board willissue certificates TO
the Democratic candidates at once, but
II it is the other way the Board will wait
till it gets the formal order from the
Courts from which the appeal was
taken.
As the hour Of II o'clock approached,
excitement ran higL in all parts of the
Capitol, and all interested repaired to
the Secretary of Stae's Office, where the
| decisions were tota" rod
Finally at 1.32 p. H., Uuo UT'rO"-rooeu
Justices took their PAGES on the oencn
and handed down 1t once ouncIe OF
legal documents whEh were carried at
once to the Office Of the Secretary OF
| State, where the opposing lawyers Ieil
upon the mass of palers in an attempt
TO learn what resultslay within tho M
teen thousand words of legal verbiage.
| And this Is the way Il seemed "neh VIC
mass was entangled.
Sixteen votes makea tie, but the Lieu
tenant Governors vote makes 1t Demo
cratic.
The Fifteenth district comprising
Dutchess, Putnam aud Columbia coun-
ties has been the subject of more litiga-
tion than any Of tle other districts.
The Democratic candidate, Edward Os-
borne. was declared elected oy the
county canvassers, who threw out 30
ballots. which were marked with a
printers luad, and some. other irregular
ballots. Since the election, Deane, the
Republican candidate has died.
In the Sixteenth district, in which
Troy is located, Collins, Democrat, con-
tested the election Of Derby on the
ground Of fraud.
In the Twenty-ffth district, where
the issue was the mixing up OF the bal
lots by the Republican County Clerk
who sent them to the wrong districts
Tins enabling the Republican inspect
ors to ascertain how certain persons
voted. and thereby destroying the SO
crecy OF the ballot, the Democrats dl'
not raise the question OF the citizenship
, of Peck. the Republican candidate. MIR
Nichols was the Democratic candidate
, In the Twenty-seyenth district, CON
! nrIsing Allegheny, Steuben and Che
T mung counties, the issue turned on th
eligibility of Sherwood, the Repuolica
I candidate who was park commissions
of Hornellsville, and whose ineligibilit
a was promulgated before the election b
Attorney General Tabor. The Demo
: cratic candidate was Mr.. Walker
The importance Of the Democrat
: controlling the Senate is not only loei
: but national, as it may possibly decid
I the next election for the Presidency, q
t there will surely be reapportionmer
4 Of the State iH the interests OF th
!. democrats. Besides this importaI
matter there is a great deal OF patrcI
= age in appointments OF officials
e places long held by the Republicans.
= The State Board did not conver
e until tonight when they took the 10
q lowing action upon the four cases
d contest:
a In the Fifteenth district, the eerti
\ cate of election was awarded 10 Osborn
the Democratic candidate.
IN In the Sixteenth district. the certi
Iy cate of election was awarded TO DerO
h the Republican candidate.
N In the TWenty-fifth district, the &c
le tifcate was awarded 10 Nichols, Z
le Democratic candidate.
De In the Twenty-seyenth district. (Sht
r woods district), the Board did u
lie award any certificate, leaving to {
N Senate to determine whether any ca
didate was elected in view OF the
ly cision of the Court of Appeals, th
so Sherwood is ineligible. The Board th
IN adjourned.
~ Sherwood, the ineligible, was the
oe publican candidate In the IWen
seventh district. With this district
allowance, the decisions rendered tod
n "a and the action of the State Canvass
H. in accord Herewith. give the Seni
ar this complexion: Democrats 10; Rep
I'D licans, Is. Twenty-seyenth disir
he (Sherwood) in doubt, Total Sen
members, 80.
Thus with the deciding vote OF Del
.i sis cratic Lieutenant Governor Sheeh
r. the Democrats would be able TO dir
the sction 10 be taken in, the Twen
seventh district. where Sherwood is d'
-. nv ded in gihle. This isupon the as<u
tion that a quorum was present.,
| =