New-York tribune., 1891-12-30
THE SENATE NOW DEMOCRATIC
DECISIONS OF THE COURT OF APPEALS AND
HOW THE STATE CANVASoERS
TREATED THEM.
OSBORNE, DEANE's OPPONENT, COUNTED IN On
THE FRAUDULENT MYLoD CERrIFIcArb-
PECK AND SHERWOOD DEPRIVED OF THE
SEATS TO WHICH THEY HAD BEEN
ELECrED-DERBY THE ONLY
REPUBLICAN TO GET
HIS RIGHTS.
rnY TELEGRAPH TO The TRIBuEEI


4. persuaded the Democratic party to attempt ~
steal tho LEGISLATURE of the State Of New-forS
II was the day after election, and the returns
showed that the Republican party had elected
majority of the members of the state Sehate aho
the Democratic party had elected majority OK
the members of the Assembly, IL seemed aes.
pcrate attempt especially as tie Republicans ha~
a majority of four votes in the senate.
But tonight the theft Of the Senate was ac-
compshed The Democratic Court OF Appas
this afternoon gave decisions which ehaoieu 'ho
Democratic State Board OF Canva:sers afterward
70 grant a certificate Of election TO Jonh ~
Nichols. Democrat who had 373 less Votes 1nan
his Republican opponent, Rufus l. PecK' In inc
XXVth Senate District.
Then the State Board of Canvassers went ahead
reckcssly The Court of Appeals had poihteo
ont that there had been denial of the he
nublican statement that the certificate of election
from Dutchess County alleging the elecuon
Of Osborne Democrat, who had less number OF
VOTES than Deane the Republican candidate TOE
Senator in the XVth District, was based upon
fraudulent canvass of the votes The State Boaru
Of Canvassers disregarded this declaration OF inc
Court of Appeals and boldly canvassed the irauuu-
lent return, although Republican counsel pre'eh"
pointed out that Judge Barnard, OF the supreme
Court. had sent to the Governor, 70 Controher
Wemple and to Secretary or state Rice ,ie u"o
election returns of Dutchess County. Ihls acuon
of the State Board of Canvassers couhted In
another minority Democratic candidate 1or senator
-one who received eghty-three less votes 'nah Ills
Republican opponent.
certificate of election was then graciousiy
granted to John II. Derby, the Republican Senator
elect in the NVIth District Mr.. Derby had $40
majority. and the Court of Appeals had ruled that
bo couId not be unseated,
Rut the State Board OF Canvassers then again
returned 10 their work Of depriving ke-
publican Senator's elect Of their certificates OK
election. The Court of Appeals has declared thau
while in their opinion Franklin ID. Sherwood. ke-
nublican, who had 500 plurality in the AAVHtn
District. was ineligible to be a member OF the
Senate still the State itself was tho
only Judge of his qualifications. Armed with
this opinion, the Board itself passed upon sher.
woods neliglbility by refusing him certLicats
Of election.
THE RESULT OF THE DAYS WORK.
The net result of this action Of the Democratic
State Board of Canvassers-Frank Rice secretary
Of State; John Bogart. State Engineer; ohares
F. Tabor, Attorney General; Edward Wemple'
Controller. and Elliot 'Danforth, State Treasurer
is to give the Democratic party majority In the
Senate. When that body meets. the Democrats
marty will have sixteen votes in it, and the Re-
pubcans only fifteen, with Mr.. Sherwood and
his Democratic opponent, Charles Z. Walker, both
| applyinc for admission from the XXVllth Dis
| trict No one need DOUBT that the Democr-tio
majority in the Senate will at once admit Walker
and thus increase their total to seventeen votes.
With seventeen votes in their control, the Demo-
| cratic leaders can not only distribute the vast
amount of political patronage described in The
Tribune to-day, but also pass any legislative
measure that they may wish to. 1t Is said that
| they will at once pass bill for enumeration Of
| the inhabitants of the State upon which they can
base gerrymander of the legislative
districts. 1t is also their intention TO gerrymander
the Congressional districts of the State Excited
| Democrats tonight saw all sorts Of party adj
/ vantages which would come to them in consequence
Of their theft of the Legislature; and' as for ths
political consequences which may follow the count
| ing in of minority candidates for the Legislature!
they said they were willing TO bear them
Some review of the events of this remarkable dag
would doubtless be of interest. The Court
OF Appeals announced that it would hand
down its decisions in the disputed Senate
districts at u o'clock, but it was
not until nearly p m. that the black-robed judges
filed into their stately oak-lined room. Mean
while the Republican counsel. William A. Suther-
land. of Rochester; George Bliss, of New-York j!
] Rldpr adv, OF EuuSOu Matthew fldif ana EuReNc
Burlingame, of Albany, and d. w. Wilkinson, Of
Poughkcepsie, had been waiting, in company with
Isaac H. Maynard, Delos MIcCurdy, Augustus
Schoonmaker and other Republican counsel. The
Judges present were Ruser, Earl, O'Brien, Peek
ham, Finch and Andrews, the four first Demo-
Gratis and the last two Republicans. Judge Ruger
read the legal decisions in dry tone of voice, and
although he spoke clearly even the lawyers present
| could not at first comprehend the effect of the
decisions Then the judges filed out of court, and
there was a rush to learn what had been tho
actual decisions.
WHO WROTE THE OPINIONS
! II was found that the opinion in the Osborne
Dcane case had been written by Judge Peckham.
and that all the judges concurred in it. This
opinion il will be observed in effect directed the
State Board of Canvassers to get the correct
election returns from Dutchess County. This was
IA direction disobeyed by the State Board
Of Canvassers, On the Nichols-PeclS case there
were three majority opinions, written respectively
by O'Brien, Rugcr and Gray, and c0ncurred in by
| Earl Thse are four Democratic Judges In
effect, these four Democratic judges advised the
State Board of Canvasscrs TO disregard LOO
Republican votes east for Mr. Peck for Senator
upon the remarkable ground that the ballots were
wrongly ndorsci that is that upon their backs
they had the wrong election district marked upon
them. Judge Peckham Democrat. argued thar
this decision would disfranchise voters and wrote
"a minority opinion. which was concurred in by
judges Andrews and Finch, the two Republicans.
In the Sherwood-Walkcr ease, which concerned
Mr.. Sherwood's eligibility, the Democratic judges
all agreed that Mr. Sherwood WIS inelig gible.
Judge Finch Republican, dissented. and in this
opinion, Judge Andrews, Republican, concurrcd.
In the Derby collins ease, all the judges agreed,
and the opinion was written by Judge Gray
The State Board of Canvassers and the lawyers
nnon both sides road these Oninions which Mere