New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-28
NO THRILLING WITH CRIME,
JUSTICE KENyEDYs VIGOROUS ACTION.

tEtOhOUS AOllONs
AN HONEST COUNT CT THE VOTES IN OyoNDAGA
COUNTY WILL BE HAD OR LAw-BREAKERs
WILL GO TO STATES PRISON.
fBY TELEGRAPH TIE rnIBUSEI
Syracuse, Nov PA brief session Of the Board
of County Canvassers was held this afternoon.
Chairman Dorchester called the meeting TO order
at 1 rs O'Clock, and asked II the committee ap-
pointed to send out the returns for correction had
anything to report AS the report was not pre-
pared recess Of twenty minutes was taken, after
which Mr. White presented his report showing
that from several districts the returns had nos
yet been received. or, il so, the corrections had
not been made. The committee was instructed to
formulate its report IN writing To present to the
court. The meeting then adjourned to the court
room.
At 2:lO the case of David A Munro, ir., against
the Board of .Canvassers called by Justice
George l. Kennedy. Louis Marshall, attorney for
the Democratic members of the Board, read Mr..
Whittie's report and said that the Board was un-
able fully to comply with the demands OF the
writ. Mr.. GOodelle, attorney for Ar. Munro said:
desire this report to show why these corrections
have not been made
1T is enough said the court, that the cor
rections were not made. The fact that the in
spectors have refused to do the work after tho
mandate of this court makes them guilty Of
felony punishable States prison offence
At this moment Supervisor Welch. OF the Third
Ward, stepped into the courtroom. and after y
hurried conference with Mr.. Marshall left the
| room. Then Justice Kennedy, for the benefit
of the inspectors and their friends" read the law
bearing upon the duty of inspectors to make cor
rcction Of clerical errors. He ected the penalties
in the case of inspectors making false canvass
of the votes refusing to do anything required
by the statute
Mr. Marshall sdomitted that the Board of Cam
vassers had complied with all the provisions Of
the writ
They haven't complied with all the provisions
Of the writ" said Justice Kennedy Il will
say right here" he added, that at the next Oyer
and Terminer it will he my pleasure TO instruct
tlte DistrictAttorney to institute proceedings
against these recusant inspectors for their ornis
sion Of duty"
Mr.. Goodelle asked that Supervisor Wech be
subjected to an examination TO the failure Of
the Third Ward Inspectors to send back the returns
The Court thought it his duty to Insist
that the board get the returns. In order to give
the board time to do this the Justice adjourned
court until o'clock, saying that the matter could
be settled easily if there was an honest attempt
made.
The board Immediately went into session in
the County Clerks office resolution was adopted
TO the effect that the committee to send the returns
back to the inspectors report in writing. After
the committee had reported, the board again adj
iOurned to the courtroom. When court recon-
vened, Mr. Marshall read the returns Super
visor Warden presented them on behalf of the
minority. The various districts in which the
turns had not been sent back or had not been
corrected were mentioned in these reports. Mr..
| GOodelle said. that he advised that Super
| visor Welch, of the Third Ward, had the returns
of that ward in his pocket: also. that he had rot
signed the general report, that special report
should be given by him. BY the terms Of the
mandamus, Mr. WEIGH was designated to take the
returns to the inspectors in his ward for cOrrec-
ton.
The court then directed that an order be
served upon Supervisor Thomas Welch, command
ing him to appear before the Court
at 10 o'clock tomorrow morning to show
cause why he should not be punished
for contempt of court II have been trfed with
long enough" said the Justice.
A man should have a chance to be heard"
said Mr. Marshall.
IL intend to bring him here and give him
chance replied the Justice.
Probably. Mr.. Welch has not had time to see
the inspectors, said Mr.. Marshall. lie was
subpoenaed TO appear at Albany Wednesday,
Several men have been subpoenaed to Albany
since this began" said the Court. The
Justice then commanded Supervisor Kelly, OF the
Ninth Ward to take back the returns of that ward
and have them corrected Immediately Upon the
necessary affidavit the Court commanded an order
to be served upon the inspectors who had not cor
rected the returns commanding them to appear be-
fore the court at 2 o'clock tomorrow afternoon to
show why peremptory mandamus should
not be served upon them.
Isn't the time too brief?" asked Mr.. Mar
shall
Not too brief for the case" said the Justice.
Mr.. Goodelle said " For various reasons, think
that this case should not be postponed later than
o'clock tomorrow afternoon"
Il am inclined to do a little better than that
said the Court. :" / think it would be well to
adjourn these proceedings until o o'clock Monday
morning."
Il think 2 o'clock, Monday afternoon. viii. be
enough said Mr. Marshall as some men,
bcrs of the Board live out of the city,"
The Court then remarked "Al cases where
the integrity of the ballot is considered should
be disposed of as summarily as possible. have
not the least feeling of partisanship in this matter.
as charged by high authority but want the votes
counted fairly, whether Republican or Democrat
is elected
ON account of proceedings at Albany said
tii' pouucuv, WdnUu tHIS ultlt ntttcT ulopOou
of this week. Both Clerk Cotton and Depny
Settles are subpoenaed to appear at Albany Mon
day"
That has connection with this case said
Mr.. Marshall. "The people should be given more
time"
Il am willing to give these people all the time
necessary" said Justice Kennedy, :" but when that
time is up the dilatory persons must take the
consequences. / can see how there might arise
embarrassment with both clerk and deputy away
before this case is disposed Of. II is not usual
that high officials make orders contrary to those
Of the Supreme Court. Owing 10 the many CON-
pcations that seem to be involved in this CAGE I
will adjourn the proceedings until o'clock to-
morrow afternoon