The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-12-27
: DUCHESS COUNTY ELECTION
hot right BeScrs Justice Cniiea-whsrs the
State OF the Case Nowt

| State OF the Case Nows
| Justice Cullen. In the Supreme Court In
| Brooklyn yesterday morning. was once more
! confronted With the much-muddled Dutchese
| county election controversy. A week ago he
had granted an order directing the Duchess
| County Clerk. Storm Emens. to forward TO the
State Board Of Canvassers an amended tDeane)
return and also an order restraining the state
Board from acting on the return until the
Court Of Appeals had handed down its de-
cision in the disputed election cases. Justice
Barnard had previously enioined the State
Board from passing upon the Osborne certin-
cate. On Tuesday last Justice Ineraham
granted an order to show cause why Justice
Cullcn's order should not be vacated. and also
an order enjoinihg the Court Clerk from for
warding tho Deane certificate to Albany. On
Wednesday Justice Cullen vacated the order
against tho County Clerk. and continued the
stay against tho State Board. It was on mo-
ton to vacate this order that the argument
took place before him yesterday
District Attorney Ridgway asked leave to
withdraw the motion. provided the orders pro-
BssI Gy aa f Raa%aS Wishes to
Withdraw the order to show cause granted BY
oasI 81 sos csn
mssion set down for Hearing sSls mornins. wy
NJ. Wilkinson Of poushkespsis then de-
mission By mail to Albany oi three sets Of TIE
the Secretary Of state and one to the Comp
Albany. but during tho night the County Clerk
sp Ssm
Tn9y are now Il the ssS q
hpQ M
Peremptory writ Of mandamus should not
sH Why Sss reaas II
sSf the not court be 81 Xpps. y Ie1 ns
Justice Edwards's mandamps that return
gould be canvassed at once. therefore move
ouirinS them % show cause at Albany at the
same time the order issued by Justice
t gy yo.ls ss
Sss i sds s ~
Appeals. Tho Repubiicans had disreearded
fhs spuatont N saoir efforts to have the
Justice Cullen granted Mr.. Wilkinson's mo-
Nj. wilkinson then offered another. motion
ess county should not u punished for CON
four Honor:" he said made an order 70.
amended returns TO the State Board. but he
has disobeyed that order. After long delay
he forwarded tho returns. but went up to Al
bany and got possession Of the very docu-
mcnts he had sent up by mail. He had clearly
been guilty Of an act OF contempt"
Mr.. Ridgway-The motion is only part OF q
system OF coercion adopted by the other side
TO intimidate public officers in order to place
party in control Of this State which the popular
vote has repudiated By q majority Of, 10000
order. had been met by another directly OPP
posite in it's requirements"
Justice Cullep granted Mr. Wilkinson's Sec
They have a right to call for an order to
show cause why he should not be punished for
contempt, but I am not going to determine
anything In his absence, nor will I grant an
city"
PouaHKEEPsrE. Dec 26-An order has been
Issued by Judge Barnard requiring County |
Clerk Storm EmanR to show cause why he |
should not be punished for content t Of court |
for disobeying the orders Of Judge Cullen to |
send the amended election feturns from |
Duchess county to the proper officers at Al |
County Clerk Emans was not IN his ONCE to- |
day. and It 10 charged that he has purposely |
absented himself. having expected the issuing |
Of the order.