New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-29
MIR. WEEKS WINS HIS CASE.
A MAN ELECTED MUST BE- so DECLARED.
STOPPING HILLS JUGGLING WITH ANOTHER As

STOPPING HILLS JUGGLING WITH ANOTHER AS
sEMBLYMAN's SEAT
The Board of Canvassers OF Queens County has
been ordered TO give clear certificate to George l..
Weeks, the Republican Assemblymanelect In the lld
District Of Queens County, BY the Supreme court
The decision to that effect handed down by
Justice Bartlett, sitting in Brooklyn yesterday. In
consequence Of this decision which makes 1t impossible
for the Clerk OF the Assembly to find any excuse 10
keep Mr. weeks's name of the roll. 1t is said that
Wright IIolcomb aud others, under the instruction OF
David b. Hill, have already begun to prepare papers
for a contest Mr.. Weeks. according to the STATE
ments of the inspectors OF election receiving oZ2
plurality over James A. McKenna, In accordance
with this statement, the County Canvassers gave I'LL"
n certificate Of election.
AS they were making 1t out however. David b.
Hill stepped In and, through two Democratic once
holders put In protest behalf of McKenna' 1hese
Office holders were Surrogate Weller and DistrictAt
torney Fleming, OF Queens County. They raisen oD'
lection TO the count the ground That me ngures
on the sample ballots attached to the returns gave MI
Kcnna twenty three plurality This was due 10 inc
fact that the district was ordinarily Democratic, ana
that many of the votes cast for Weeks were split
ballots samples OF all kinds Of which had not been
sent in.
The Boa ri of Canvassers issued the certificate TO MI
Weeks but appended TO it statement about these sam
pie ballots and cKennas protest The object OF TINS
to afford the clerk of the Assembly an excuse LOT
refusing TO put Mr. Weehs's name on the roll,
Judge Maney, of Long Island City, and william A.
Jones' IT, attorneys for Mr.. Weeks. applied to Justice
Bartlett on November 90 for O pepmptOry VIII vi
mandamus to compel this Board OF CanvssserS TO recon-
vene and give to Mr.. Weeks clear certificate, with no
statements protests attached. Yesterday morning
Justice Bartlett handed down his decision granting the
application. An oder at once drawn up, In &C
cordance with the decision, tho Board Of County
Canvassers to meet Wednesday ana grant to Mr.
Weeks clear certificate. and for the Board to withdra~
from the Board Of state Canvasscrs, the modified GER
cate before sent In and substitute for IL the Simple
statement that Mr.. Weeks was elected.
The court holds that nothing must be allowed to take
from the certificate the positive character which IL
ought to possess, for that Mr. Weeks elected the
Democrats do not deny Judge Bartlett In bis decision
says:
The Board of County Canvassers of Queens County
humber OF votes, has bosn duly elected member Of
Assembly n and for the Ia Assembly District Of said
CO s az s TO- Mr. we ss efea a0e
some hing more than declaration that he was elected
b. the greatest number Of votes a f to ee G
votes cast respectively for Mr. Weeks and bis principal
By the summary statement from which the Board OF
Canvasser made the OF votes and there also
sta cd the number Of ballots cast for the s said h h
written statement The ballots and the sheets to
which such ballots attached. These and some other
additions 10 the certificate have been made In com.
pliance with resolution Of the Board of Canvassers
and Mr.. Weeks. In the present proceeding, complains
Of such additions and OF the resolution constituting
errors in the determination of the Board which he
Is entitled to bave corrected.
/ think the additional matter has no proper p ice
In the certificate. and that the Board should be re-
QuIred recOnycne and correct their determination
in regard TO the election Of the member OF Assembly
In the I'D Assembly District by restricting 1t 10 a
declaration that Mr.. Weeks was elected By the great
est number OF votes. That he elected the ne.
spondents do not question dispute IN this proceed
ing, In declaring such TO be the fact. however,
they have added something which Riy 10 feenred 10
qualify their determination and deprive 1t OF the pos
live Character which II ought to possess IL seems
10 me that the Boards action which Is called In
question here plainly In Of the statutory
power OF the Board, which was simply 10 determine
what person had been elected. successful
candidate Assembly Of whatsoever party Is entitled
from the Board Of Canvassers 20 slmpls determine
ton that he has been duly elected By the greatest
number Of votes; and 10 certificate which,, SO far
as II relates TO him, shall set forth that determination
and nothing else.