New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-14
THE COURTS.
THE NoYEsRocKwELL CASE ARGUED.
EvAsIvE TACTICS OF THE DEMOCRATS IN TIE

EvAsIvT TACTICS OF THE DEMOCRATS IN TEE
LOWER COURTS TO KEEP MR.. MOVES OUT
OF HIS SEAT IN CONGRESS.
Albany, April 10 Special)-The Court OF hpW"1'
heard arguments today upon the case Oh Henry -
Noyes the Republican candidate for Congress III t'o
Chemung District last fall who was dcirauded OF ms
certificate OF election by the Democratic leaders OF
that district Mr. Noyes had the misfortune to run
in a Congressional District in which there also Is,
when he is at home, In Elmira, the Democratic GOV
ernor OF the State. When, the day AFTER the
election IL was announced that the Democrats mao
made gains OF Congressman in the State but had lost
one in the Chemung District, the parsans OF MI hil
felt that the political management OF their chef woud
be pronounced worthless II they should permit hr
Noyes to receive the certificate Of election ACCOM-
lngy there was a great scurrying about OF Democrats
among the four counties comprising the district, and
tho Boards Of Supervisors OF Chemung and seneca
Counties, both Democratic, swiftly manipulated
In behalf Of Hosea II. Rockwell the dereated Deno
cratic candidate for Congressman. largo part oi
this activity was undoubtedly inspired In the Elk
ecutive Mansion at Albany. The Boards OF super
visors referred TO did meet, and by disregardhg 1e
face Of the election returns and counting bano's
affixed to their backs, counted In ROCKWELL
But while this was in progress, William A. suther-
land a noted lawyer OF Rochester. who was dennoins
Mr. Noyes's interests, served writ Of mandamus ioh,
the Supreme Court judges, ordering the Boarus Vi
Supervisors Of Seneca and Chemung counties 10 couuc
the face OF the returns. Two Democratic Judges
promptly vacated these orders, which were reheweo
by the Republican judges. The Seneca County Boafu
of Supervisors obeyed the Injunction but, before tho
Chemung County Board acted, the State Board OF can
vassers composed wholly OF Democratic state oicias'
met and awarded the certificate OF election as Congress-
man to II. Ii. Rockwell, acting upon falsied elecuoh
returns. To delay still further the righting OF Mr.
Noyes's wrongs, the Democrats then appealed RON
the decision of Judge Smith, of the Supreme Court,
who had ordered the Board OF Supervisors Of Chemung
County TO canvass tho face OF the election returns.
The General Term Of the Supreme Court sustained
Judce Smiths decision, and then the Democrats car
ried the case to the Court of Appeals.
Before the Court OF Appeals to-day the Democrats
made a new point They asked, Though Hamilton
Harris that their own appeal should be quaslled, on
the ground that the State Board OF Canvassers could
not be reconvened and that therefore, Mr. Noyes, even
If he succeeded i'm defeating the present appeal would
not be able to obtain his certificate Of election Mr.
sutherland ably argued that the case should not DO
fms summafily dismissed, and recited the evaslvc
tactics of the Democrats in the courts TO prevent hr'
Moves from obtaining q certificate OF elecuon
Judge Ruger dismissed the request tlat the case
should be Quashed and heard argument for an nOur
upon the case I'm the OF which Mr. sutherland
showed clearly that the Congressional seat belongs 10
MIR Moves The court then took the papers OF this
highly important case, and reserved its decision.