New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-13
NETWORKS STOLEN SEAT.
MR.. NoYES's CONTEST IN THE HOUSE.
4 REVIEW OF THE ILLEGAL DEMOCRATIC NAN
oEUvREs IN THIS STATE.
rRY rELKaRAPn fo TINE TRInuNE. !,

OEUvREs IN THIS STATE.
tBY TELEGRAPH 70 THE TRIBUNE!
Washington. Dec. 12.-of the six election contests
to be decided by this House, Of the most inter-
cstlng and one respect the most important is that
from the XXvIlrth New-York District. The vote OF
the district was: Noyes l2,404; Rockwell, 1885
majority for Noyes 10. The certificate Of election
was awarded to Rockwell, The defeated Democratic
candidate, by the Democratic State Board OF Cah-
vassers on December 3, $780, which acted upon false
and fraudulent returns from the counties Oh seneca
and Chemung, despite the fact that legal proceedings
then pending in the snprcac Court OF the STATE
of NewYork to compel the canvasscrs OF those couh-
ties to make true aud correct returns OF the votes
cast at the election for Representative in congress
In the Seneca County the supreme court sSueu
peremptory writ Of mandamus on December d. Io'o'
commanding the county csnvassers 70 ecOnVehe lor'H
WITH correct the errors which they Lad commi''cu'
and make true and correct return of the votes cast
In Chcmung Comfy like writ was issued on Decem
her y the same day on which the Democratic state
FASTENED to the fraudulent returns
and issue a certificate of election to the deieated
Democratic candidate.
II will appear to an impartial and intelligent mem
Der of the Committee Elections or Of the House OF
Representatives who shall carefully examine the
record In this case that Mr.. Rockwell not elected
and that Colonel Moves is entitled to the seat which
has been adudged TO belong 20 him by the supreme
Court and the Court of Appeals Of the state OF New
York The record shows that the Official canvass
made in the county of Chemung June 10. 1sol' IN
obedience to the writ Of mandamus OF the supreme
Court, which had been affirmed by the Court of Ap-
peals-fve OF the members of which were Democrats
and two Republicans-gave Noycs 4,206 votes. and
Rockwell 4s2O votes. The Official canvass OF the
county OF Seneca made in pursuance of the order OF
the Supreme Court February Is, 1891, showed that
Moves received 2742 votes. and Rockwell 2'9'3 votes:
The official returns for the counties of Tompkins ana
snnN
H. 1890. which were not contr0vertcd. we're as foi-
lows Schuyler-Noyes, 1876 votes; Rockwell. loo
votes; Tompkns-Noyes, 3,72O votes Rockwell 3o'o
votes.
The testimony Of the Democratic County Clerk OF
Seneca Comfy shows that as TO threefourths OF the
election districts in that county, the provision OF the
law recurring sample ballots to be attached TO the
official statements of the votes cast was negecteu'
without waiting. as the law requires, for the county
10 convene whose duty it was to return these
imperfcct statements the local inspectors OF election
for correction in the manner prescriDed by inc E'"'
the Democrat County Clerk Of seneca County, VINO was
cxoclo secretary Of the Board of County Canvassers
assumed to return Of the statements OF tile
local inspectors 10 one more Of the Board, ana
demand The attachment thereto of sample ballots Tbs
Democrat County Clerk of Chemung County did the
same unlawful thing In one of these counties accoru
ing to the testimony of one OF Rockwes witnesses
specimen ballots attached 10 the returns III une
County Clerks office the day after electian by person
who bore no Official relation to the regular Inspector.
Of election 1t appears also from the testimony OF inc
County Clerk of seneca County, who was one OF ROCK
wells witnesses. that tn, official ballots which were
voted In that county were printed on whte paper
that after the statements were fixed up after election
day, sample ballots printed on yellow ana req paper
were attached to the returns; in other words 1icse
sample ballots had never been voted by anybody.
sample ballots Us the Court of Appeals held were
not evidence of the state OF the vote Although each one
bore number which should have represented inc
whole number of ballots OF that sort which had
been voted they were simply exhibits TO accompany
the returns and in no sense evidence VI the num-
Der of votes cast for any candidate. But wheh inc
county canvassers of Seneca and Chemung connies
convened on November H. Mr. Rockwell asserted that
the figures found the ballots attached 10 the
official statements in the disputed districts instead OF
the official statements signed by the inspectors OF
elections should be accepted and taken by the county
canvassers as the real vote of those dlsucts. Inc
figures thus found upon specimen fAots, thus lrreg
ulary and unlawfuly attached to the official state
ents BY irresponsible persons. in the absence OF the
voters and after the time when the statute declares
that the of the inspectors must be completed did
not tally with the result which lad been proclaimed
by the local inspectors to the voters assembled ana
Ind been written out by them the night OF election
and signed and certified as the statue required.
II Rockwells friends had felt confident thai correc-
themselves in the pointed out by the statute
ut a public meeting would have made those figures
conform 10 the figures the sample ballots, they
would have FASTENED 10 comply with the statute.
They declined to do So and took an unlawful course.
instead. They adopted plan which. down 10 mat
time had never before been heard Of in the state
OF New-York, but which, unfortunately, has again
been resorted 10 this year In order TO nulhty the
will of the majority In several OF Tire Senate Districts
I'm the state; they discarded e official certificates
OF the local Inspectors and adopted, instead, false
and untruthful figures written upon ball0E which
were attached to these certificates by irresponsible
persons after he inspectors had become functtls
oficlo." BY these means the Democratic county
canvassers Of Seneca County gave Rockwell twenty
three votes more than belonged 10 him and deprived
Moves of twenty-five votes TO which he was entitled
and which had been ccOunted for him and announced
O, the close OF the Iy the election inspectors
ana inserted BY them i'll their Official certincate.
In ITO same manner and by the same unlawiui
means the Democratic county canvassers of Chemung
County gave Rockwell ff y-eght votes more than he
was entitled to and deprived Noyes of ftydght votes
which bel,Dged 10 him. The true and the false
count IN each OF these counties are here set side
by side:
True count. False count
Moves. Rockwell. Moves. Rockwell
Seneca ........."".. 2142 29.S 2,6s4 3'o5l