New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-07
THE ELECTION CONTESTS.
coxspIRAToRs AT THE END OF THE ROPE

my TELEGRAPH TO THE TBiBUSEI
Albany. Dec 6.-The State Board Oh oan V,',Na,,
IN "aassomhle to-morrow morning at O'Clock
with each one Of its members aware 'h"' on'
spnrcme Court is busy redressng the WRONG ao"'
N the voters of the XVIII Senate Distfice W
classification of the figures which elected the lae
Gilbert A. Deane rep as SENATOR anu ol,'
sho .ome Supreme Court tomorrow, throus"
Judge Edwards, will forbid their considerine any
..,r.n,ops papers filed with the election returns
which uDon their face, show the election hS ''e"'
tors of Franklin d. Sherwood, Rulus l. reoN "n'
John II. Derby, all Republicans. Under orui-
nary circumstances the State Board OF oan'aS''.o'
on meeting tomorrow, would at once iseue oV -,
ieaes of election to the three last nameu nep"u.
can candidates, for Mr.. Peck was eiec'eu ny oo'
plurality Mr.. Derby by go ph'raiiVy an"
Sherwood by nearly 400 plurality. All tha'
tto penublican LAWYERS now here-Wiliam A.
Suthorland Matthew Ilale John F. Parkhurst ana
T,.ono pur,ingame-asly the State Board Of Can
vassors to do is to recognize these returns anu
70 nay heed to nothing else, as the law requires
Their appeals to the courts have simply been lot
the purpose of preventing the State Board OF
Canvassers from basing it's action In issuing GER
tificates of election upon papers which cahno'
nronerlv he before the Board, such as those sG'c
inc that Mr. Sherwood was ineligible, that There
was eectioneering near the polls in Mr.. DerDys
district and that in Mr.. Pecks district the Re-
nublican ballots in some districts were acci-
dentally interchanged.
In the XVIII District case the supreme COURT
through Judge Barnard, declared on SATURDAY tha'
the actions of the Board Of Supervisors OF Du'cne
County, although dictated by David b. I'LL
through the mouth Of his willing Instrument,
Isaac II. MAYNARD, were absolutely Illegal and
unwarranted by any construction OF the law' IL
was the action of this board IN throwing OUT
ballots cast for Mr. Deane that converted the
latter's plurality into minority vote. further-
more Judge Barnard has ordered the Board OF
Supervisors of DutcheSs County TO reassemoie ana
correct the illegal work which they were induced
to perform by Mr.. Maynard. In ADDITION 10
that, the State Board of Canvassers is, by Judge
Barnard's orders, stayed from further action
on the "Mylod certificate and is mandamused 10
wait until the correct certificate reaches it, when
it will have to certify to the election of Mr..
Deane as Senator 1t should be explained that
the "Mylod certificate" is the piece of paper
signed by John J. Mylod as acting secretary of
the Board of Supervisors Of Duchess County,
and filed with the State Board Of Canvasscrs,
falsely stating the number of votes Gilbert A.
Deane received in Dutchess County.
II is pertinent to call attention at this point
to the fact that Governor Hill has before him
County Clerk Hoffman, of Duchess, and intends
to remove him because he would not sign this
Mylod certificate, which Judge Barnard, from the
bench declares is illegal and not founded upon
the facts. Except for the court orders which
the Republican lawyers have procured, if Governor
Hill could have had his way, Messrs. Nichols,
Collins, Walker and Osborne would now have
been chuclIling over the possession Of false and
fraudulent certificates of election just as
Mr. Rockwell does, who now sits in Congress
with certificate iss'ed by this same Board
of State Canvassers. but which the Court
of Appeals of this State, five-sevenths of whose
members are Democrats, aftcrwarl' declared was
stolen from Colonel Henry T. NOyes, rep
William A. Sutherland, of Rochester, and John
F. Parkhurst, of Bath, who have managed every
branch of the Republican campaign to preserve
the certificates Of the four Republican Senator's
elect, remained here to-day TO continue their
work Mr.. Sutherland and Mr. Parkhurst came
into these cases at just the proper time. Mr.. Park
hurst has given indefatigabe attention to the
preparation of the papers, assisted by Mr.. Sutler-
land At Hudson yesterday Mr.. Sutherland made
the leading argument and won universal COM
mendation from all present Nor can the work
of Joseph II. ChOate, Matthew Hale and Eugene
Burlingame he too long remembered by the Re-
publican party. In the courts and before the
State Board Of Canvassers they have done mag
nifcent work. 1t was apparent to all present in
Judge Edwards's court at Troy Tuesday. and in
Judge Banards court at PoughSeepse that it
was Joseph II. Choates remarkable ability as
lawyer in presenting the Republican case that led
these Judges to decide in favor of the Republi-
can Senators-eect. 1t is to be hoped that the
Republican Senators-elect will have the benefit
Al It-io fhair
are taken to the Court of Appeals for decision.
Tonight Joseph II. Choate arrived here from New
York. and will appear before Judge Edwards in
the morning when the final orders will be signed
by that Judge. The Rep blican lawyers are
willing that the disputed election cases should
be taken to the Court of Appeals, but they, at
the time declare that there will be no
necessity Of doing this If the State Board simply
act upon the election returns as they are IN ther
possession, and do not consider any eXtraneous pa
pcrs.
1t would seem that the State Board of Canvass
ers will be compelled TO take the view that IFS
legal life is for longer period than five dayS be-
cause the Board of Supervisors of Duchess County
cannot make the corrections ordered by Judge Bar
nard in the XVIII District case under four or five
days. But in respect to the XVIth, XXVth and
XXVIIth Senate districts there is no need OF thu.
State Board OF Canvassers considering the returns
from these election districts beyond the five days
limit il the members of that Board resolve to act
only upon the election returns from those dis
tricts, and consider no other documents. Some OF
the Democrats in the State Capital to-day were
predicting that the State Board of Canvassers to-
morrow would defy the State courts. hold itself
superior to the courts. and after considering the
eytraneous papers would issue certificates Of cleo
ton to Walker, Nichols, Collins and Osborne, the
Democrats who met defeat III the XXVIIth.
XXYth. XVIth and XVIII districts. But
that it will resort to such revolution
airy proceeding is not credited by the Re-
publicans Their counsel remember Attor-
ney-General Tabor's declaration at the meeting
of the State Board of Canvassers on Wednesday
last that he had no doubt that the Board could
sit for longer period than five days and consider
the election returns There is no necessity, there
that IL is driven into corner and forced 10 con-
slider extraneOus parers before il tomorrow. If
,la nnuh Ind. IL