New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-05
WAITING ON THE COURTS.
CHANCES FOR JUSTICE AT ALBANY SOME.
WHAT BRIGHTER.


an AGREEMENT TO CANVASS THE VOTES IN THE
uSp1spUrED OBSERVATION-DISCLOSURES PLOT
TIERS BEGIN TO SHOW SOME REGARD
FOR ORDERS OF SUPREME
COURT JUDGES.
mr. TELEGRAPH TO THE TRJBuSE1
Albany Dec. 4--The fierce dispute between the two
neat political parties the election returns, far
a. they effect the certificates Of the candidates for
smbers Of the Legislature may perhaps be settled in
the state This is peaceful method Of ending
the contention which has been suggested by the Re
nublican lawyers now here for some time past. On
wednesday, In letter addressed 10 the state Board
NJ Csnvassers, they formally made that proposition
A that body, and the State officers In response said
,sst it would meet with their cordial approval far
AZ II was possible for them to give it, Since then, 1t
e true, Governor Hill has summoned County Clerk
Uoman Of Duchess County, before him and threatens
10 remove him because he will not sign the falsfed
election returns Of the county. Moreover,
the members OF the State Board OF Canvassers
themselves have professed TO lie disturbed by the
thought that they must complete the examination Of
the election returns within five days, which, II true
would OF course, deprive the courts OF all chance
a, settling the election disputes To-day the State
poard OF Canyassers announced that II had obtained
oplnions from two weknown lawyers upon the
onestlon OF the period within which the State Board
must act upon the election returns, and that both
agreed that IL must complete its work within five
eays from the day ii was begun. This theory, II
accented would compel the State Board to complete
,s work upon Monday night next The counsel who
rsye the opinion were ex-Judge K. A. Countryman,
one Of Governor Hills law advisers, and ex-senator
Abraham Lansing, Democrat. 1t cannot be said
mat these men are unprejudiced persons.
Tonight Secretary OF State Rice. speaking for his
,.llov. members of the State Board OF CanvsSserS,
suggested TO the Republican lawyers that they should
hermit the Board TO the vote for State officers
and the twenty eight unconteSted Senate candidates.
pnmsng that this should not prejudice their opposition
30 the OF the votes Of the contested Senate dis
,rcts The Republicans, through William A. Suther
land stated that they had opposition 10 make to
Inc canvass of the vote for the state officers, and
M the senators they believed that the vote for all Of
hem could be canvasSed if only the election returns
were strictly respected by the State Board of Can
vassers common agreement was thus reached, and
under II the State Board of Canvassers tomorrow will
canvass tho vote for state officers. and for twenty
eight of the thirty-two Senate districts. This will
lave only four Senate districts for the State Board
Of Canvassers to when the courts have made
their decisions.
secretary Rice said that the State Board had heard
that an agreement had been made at Syracuse to-day
nv which the contest the 0nOndaga Senate district
would DO taken swiftly for decision to the Court OF
Appeals The Republicans think that if Judges Ed
wards and Barnard decide in their favor TO TOrrOw in
relation to the three other Senate districts affected the
state Bosrd Of Canvassers, and even David Il. HILL
perhaps will agree to the Court OF Appeals deciding
also those cases.
The Board called 10 order at IL 10 o'clock this
morning by Secretary Of state Rice. All the members,
the Democratic and Republican counsel and large
crowd Of spectators were present.
Daniel Griffin said that the only thing he wished to
know was what conclusion the Board came to as to
when 1t must complete its canvass.
Chairman Rice replied The Board has TO say in
respect TO this that 1t has not yet reached conclusion
upon that subject Reasonable diligence has been
taken to get the opinion of counsel and we hav not
vet secured this decision. We are not able TO announce
any determination the part OF the Board"
Mr.. Burlngame. representing the Republicans. then
said Il would Ike To Inquire whether tho counsel
representing the Republican side Of this question are to
understand that if the Board is advised by counsel
that IL has not power TO continue in session beyond
five days the Board will act upon that advice and go on
with The eanvass9"
Secretary Rice replied: ave cannot determine this
question in advance" Attorney General Tabor said !:
sWe cannot give an opinion subject that has not
yet come before u.s. Mr. Burlingame said: " From
you State officers entitled TO every consdera
too and respect. We think we entitled TO know
whether the Board will abide by the decision of its
counsel, so we can determine upon mode OF pro-
eedure. We made proposition for judicial scttic
mcnt Of these contests, but we don't think that the
actions of our Democratic friends such as wculd
seem TO show an entire willingness their part u
abide by our suggestion
Mr. Griffin then remarked 81 hope and believe
that the decision Of the Boards counsel Will be that 1t
can sit long enough to complete its abOrs. II 1t shall
be determined that the lawyers have two or three
In each Of the four Senatorial contests ana obtain
decision from the tribunal within that time" o, &,
Chairman Rice here said The boards counsel is
not expected 10 reach decision until O'Clock this
afternoon" III, . ,o,.., y
mis- motion wa, carried and the Board adjourned.
The state Board OF Ganvassers reconvened at ~
p M and held a twenty minutes session, which was
lively ON calling the Board TO order, Mr; kce
said: We say for the benefit Of those Interested tat
this Board has taken the counsel Of reputable Lawyers
and We have not informed the lawyers whom we
selected Of the fact that any other lawyer wac con
shifted and their opinions have been reached without
reference 10 each other and they agree that tue
section OF the statute under consideration is mandatory
Now there IS fTlmor current that the counsel in the
ono1daga case have already agreed upon statement
Of tacs which shall lie presented To an eA1raOtulhaly
General Term, called for the purpose OF considering
the case, ana that it viii be presented to the Court
Of Appeals as speedily as possible ana ueclsi9ol
cached In respect to such case as that, u the
parties ntele ted tit to take the chance o. me
spOn Of this board al time after the expiration oI
Inc five DAYS the Board are not disposed TO contend
against IT. or in ANY whore tine parties them,
BosSd sbsu be SUSPENDED beyond the FIVE days.
As have already said. the Board does not feel IKE
eontendng against that, but we do tnnk that as ~
al the officers who were voted for at the last electo
and concerning whose election there is no contest ta
We should act within the five days and We want now
70 suggest to counsel upon both sides whether or hot
there would be any objection TO proceeding to can
vas the vote for State officers using the returns IN oul
possession now upon the condition that We enter upon
car minutes the stipulation that their use snan De
without prejudice in the other cases and SHAH not DC re-
safded In any precedent or decision OF uef
validity so far as the contested cases are concefheu
fnere Is the Hornellsvle and the On0nadsa ese
R.nfa Ma
Duchess County case which is unfavorable 10 ule
s4er sidc-and desire to have counsel VINO repre-
ut the different parties say whether, Ia their opulO
nat Is objection 10 our canvassng the vote for state
caters upon the condition which have named; ILL.,,
kg REQUESTS: First, that the Board OF state Can
issgr proceed TO canvass the votes for all officers IN