The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-12-30

Nichols. Democrat, by q vote OF to 8 In the
steuben district they decided against Sher-
wood. Republican. by a vote Of 6 to 2. In the
Duchess district they decided that the certin-
cate before the Board Of State Canyassers was
legal. Incidentally they decided in favor OF
| Patrick J. Ryan for Assemblyman from Onon.
| dsga county. the decision in his favor follow
ing. as a matter Of course. the decision in
| favor OF John A. Nichols. candidate for Senator.
This increases the Democratic majority In
| the Assembly by two and gives the Democrats
| control Of the Senate. with sixteen Democrats
to fourteen Republicans and one Independent,
DR.. Edwards Of Cattarau9us county. who was
endorsed by the Democrats and defeated q p.
Vedder. The other seat is vacant, as the Court
Of Appeals decided that Sherwood was ineli-
gible and that the Board Of State CanvasserD
had no power to give certificate to anybody.
As the Court Of Appeals passed on only tho
legal questions involved. and as there was no
trial Of the issues Of fact, there is nothing to
prevent the Senate itself from going into an
investigation Of the charges Of bribery and
fraud in the Duchess. Troy. and Saratoga
districts. The Chief Judge Of tho Court of Ap-
peals. In his opinion. suggests that charges
Of corruption and fraud are proper subject
for legislative inquiry. and that It is for
the Senate itself to investigate these
charges and to determine thereon. In every
case the Republican candidates brought tho
question to the Court Of Appeals, and the de-
cision OF the Court Of Appeals IL virtual de.
NAL Of the legality Of the Republican claims.
particularly in regard to the Syracuse district
This means that the Legislature will be DEM
ocrado in both houses, provided there are NO
deaths or casualties and the Republicans abide
by their stipulation to rest their case with this
final determination Of the court
The announcement Of the decisions Of tho
court was delayed until long after the time
appointed for the meeting Of the court This
delaxi ssas pAussd BY the absence Of JUDGE
Gray and By tho fact that the opinions were
not completed. Even as handed down tho
opinions contained lead-pencil insertions and
many errors. As was printed in this morn.
ine's Sun. the court stood four to three on the
Syracuse and steuben district cases. Judge
Gray's vote carrying the majority decision.
There were as many people In the Court OF
Appeals as could stand behind the railing. and
others interested crowded the lobby outside
the court room as we'll. In some wsy the
rumor had got around that crank had sent
word to one Of the attendants Of the court that
he was going to throw bomb at the Judges
in case they did not decide in favor Of the Be
publican contestants. This rumor did not
reach the Judges but 1t was thought best to
have several detectives stationed through the
audience in case there should be a disturbance
VI any KILL 4u0 uotoCLlN6b W0Eo IEOm Vu0
regular Albany police force. They stationed
themselves at various points through the
crowd and by the fence which separates tho
enclosure from the space for members Of the
bar. There was no disturbance OF any kind and
the announcement OF the decisions by Chief
Judge Ruger was received in deferential
silence.
Everybody stood up when tho six Judges
Judge Gray being ebsent-hled In from tho,
consultation room. There was long. silent
pause after the Judges were seated. Chief
Judge Ruger. without rising. leaned over tho /.
Judges table and said:
"Ths court will announce the decision It has
arrived ct in the contested election cases."
Chief Judge Ruger then read the decisions
OF tho court In all the election matters before
It. some dozen appeals In all. appeals ON tho /
various contests having been taken In differ. !
ent ways The decisions we're purely techni- j
cal. tho Chief Judge saying only that such and /,
such appeals were dismissed. and that such /!
and such others were sustained. going into tho '
details OF the cases not at all The announce. ,
ment OF the decisions took only q few minutes. /
and then the Judges In black gown process
sion filed out Of the court room. while the
listeners asked the attorneys who were
present what the effect OF the decisions would
be. Ex-Judge Maynard Of the Attorney Gem
erals ONCE. Matthew Hale. and George Bliss
were the chief attorneys there. The lawyers
went down 70 the room Of the Board Of Gam
court The opinions are exhaustive. and 70:
full are lot
majority and dissenting opinions In the
ions. ~.
Republican. in the Troy district, and they were !,
not wEons Judge Gray wrote ths CptPPi9n aHd
tie isT M: Derby d entitled TO the osrtiaosss
DO not appear before The eoar. ana % make its
decsiEn under the powers granted to 1t BY the
g The fPsssSSR IT.
rsh n
.ss Board s9d i tSa him
q eiass he bosTd si' c9saty naF Ss
Clerk. OF Duchess county in falling to attest
~ q III s as
Of his duty snd should be
court held 10. favor Of the Democrats. The
uE. :Ps soR Ss s ssS e
and Gray and Chief Judge Kruger. with
4ads%s 6a dsy n ter
s9IPinions which are substantially the Views Of
encads ere aG iE @ WSiok
NOT fRsso weEa ahS
tic tSs'Ia 81 county dsHsa Ss,e Fl fS S,y
and the Eepublican election ofioers could
easily hive khSwh by ths Tho