New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-02
r these circumstances


Judge Edwards consented to hear the argument
Mr.. Wilkinson made the opening speech. detailing
the violation Of the election statutes by the Board
of Supervisors of Duchess County. lie said that
in the First District Of the town of Dover seven
votes that were blank were transferred 20 the
votes Of the Democratic candidate for Senator and
so caRvassed for him. Eighteen ballots were
marked as challenged, and were, in fact, cast for
Deane, Republican, though counted as blank. In
Fishllill, where the vote was Dcane 1871, Osborne
III, the canvasSers transposed the figures and
gave Deanes vote to Osborne. They had no sort
Of an excuse for this. In Red Hook Deane was
credited with his vote by the inspectors and there
was no challenge or question, and tie Board OF
Canvassers cut out thirtyone votes arbitrarily from
Deane and the Republican candidates on the State
ticket. Then Mr.. Wilkinson described the taking
to Albany of the alleged return certified TO by
John j. Mylod but not attested by County Clerk
Holman, as required by law
Here Mr. Choate made argument. a gross
outrage upon the suffrage is being attempted, said
Mr. Choate earnestly. He then continued with the
declaration that this fraud il consummated must
lie done in Albany County, in this judicial
district. The object of the false certificate was
10 get into the hands of the State Canvasslng
Board return that was not legally and properly
made. Mr. Choate argued that Justice Edwards
had jurisdiction. The evidence showed that the
fraudulent intent of the Dutchess County Can
yassers was in danger Of succeeding. No other
return could come from Duchess County unless
corrected. 1t was already being tabulated in the
State tabulation The court for the vindcatiOn
of Justice should lay its hands upon both boards.
IL the State Board went ON and canvassed the
returns, including this fraudulent return from
Dutchess County the remedy would be gone.
Mr. Choate said he found nothing in the statute TO
limit the jurisdition of the Supreme Court.
Then Matthew Hale applied TO Judge Edwards
for an order to the State Board Of Canyassers to
show cause why it should not surrender the
resolution passed by the Board of Supervisors
Of Steuben County in relation to Mr.. Sher-
woods alleged ineligibility. This resolu-
ton, Mr.. Hale proved by affidavit had
been rescinded by this Board of Supervisors.
Deputy Secretary of State Benedict refused TO sur
render these papers, although the person making
the demand showed him the order of Judge Adams.
of the Supreme Court. 2Ir. Hale read an affidavit
from Mr.. Sherwood, in which he stated that his
Decorate opponent, Charles f. Walker, had
told him (Sherwood) that he had been urged by
certain Democratic politicians TO go in and contest
the election of Mr. Sherwood, and the certificate
of election would be awarded to him. One Of these
Democrats held high official position. This must
mean David 3. Hill.
Mr.. Hale's application was opposed by two
Democratic politicians County Clerk Griffith and
William j. Roche. The latter disputed the right
of Judge Edwards TO issue order addressed TO
those high personages the State Board of Canvass
ers. Mr. Choate, in reply, said the ancient writ
Of mandamus antedated all the statutes of the
State of New-Yor Chief Justice Marshall and
his associates fixed upon law that had been re-
spected for all time. The line laid down was
that no officer too high to be reached by
power of the law. Il challenge the gentleman
who has thus intruded himself into the case to
show any statute that denies to the Court the right
and power TO interfere with State officers. AS
TO the construction of the statute of 1880 Chapter
$50, wish TO say word in reply to what has
been said. The new power given By this Act is
the power to make board of canvaSsers recon-
vene after it has passed out of sight; also the
authority TO grant order to show cauGe-and
that is just what after here"
Mr. Choate said that if the Board refused or
neglected to correct the errors, the Court was
powered to follow up the order to show cause, by
a mandamus TO compel the Board to correct the
errors What we present is a clear case OF err
rors committed TO you, the Supreme Court sitting
with power to have these errors corrected. The
theory that you have no jurisdiction is new to the
profession, Notwithstanding these suggestions"
Judge Edwards then gave his decision upon the
applications which had been made TO him. lie
said The question that has troubled me some is
in regard to a stay. l think that the wit OF
mandamus to compel the Board OF County Can
vassers of Dutchess County. to reconvene should
issue If at all, from special term of that judicial
district. There grave doubts as 10 Whetner or
not special term i'll this judicial district has the
power to issue such a writ Secondly, nave grave
doubts as TO the proprlety u here is SPECIAL Term
in DutchesS County that has jurisdiction, and DE,
fore which some proceedings have been instituted
in this matter. COncededly, Justice Barnard has
jurisdiction. 1t would be an act of judicial uis;
courtesy which L should hesitate TO do. The special
term at HUDSON, the first Saturday III this nlont!
is for motions for actions in this district. For
these reasons. 1 think that the Dutchess County
application should be made at the special term az
Poughleepsie. l have no doubt of my authority
The counsel are properly before the Court; there
is no doubt ABOUT that. do not
think 1 have the power Ia hear the mo-
ton for a mandamus in Duchess County. II
counsel desires | will make order TO show
cause, returnable at the special term at rough
keepse.
Mr.. Hale--lt is satisfactory to u.s..
Mr.. ChOate-Ihe Board of Canvassers by law
may act on or before the 18th Of December, They
may act at any moment We urge that you should
incorporate stay upon the State Board, an order
10 restrain them from using this Duchess County
certificate until it has been inquired into. Inc
false oertiGcatc is under your Honor's eye
Justice Edwards-iou ask that the use OF TINS
return DO restrained until the matter may DC
determined by justice barnard at Special Term.
Mr.. Choate-Yes, sir.
justice Edwa.Cs--Has the court power to an
ticipate, tie action of the State Board
Mr.. Choate-It is a prerogative; we insist that
The State Board should be restrained from doing
what it evidently may do before the order 10
show cause can he heard in court IL is only
Justice in this district that protect us here.
~ you throw out Of court on THIS point leaving
the State Board free 70 go ana canvass the
false certificates shall DC without remedy
Justice Edwards-1 have 10 doubt of my power
10 issue an order for the State Board TO show
cause. without a stay.
judge Edwards then granted three orders, two
addressed to the State Board OF Canvassers and a
third 10 the Board Of County CanvGssers of Dutch
Css County Afterward explaining these orders,