New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-02-15
TX
n TIE LOTTERY OF TIE LAW

Mr. Dcanc's death was highly unfortunate. not
merely because il served iu stimulate and quicken
the conspiracy - steal his seit u<hc senate. bar
also bccAu-. II tended To raise difficulties in the
way Of legal measures 90 night the wrong AFTER
j, had been lcrp'jra'cd Republican interests 90
rc Duirhc-> County clsc Wcrr committed q" the
law firm Of Wilkinson 4 Co-oum. both members
Of which are distinguished IN the Hudson R.+ci
counties for their natural ability, professional at
,ainmcuts ana wide experience. They con,' Tered
,hc subject of legal relief os LEFT by Mr. Diane 5
death with great care, not omittins 20 take Tie
advice of other learned counsel II Wa 'hc gen
c,aI opinion Of d." lawyers that any cliIrn wh
lal voted ior Mr. Dcauc WIS acericvcd "nd III
mrcd hy a frll1 that gave The seat 70 one WHOM.
Lis vote hal helped To defeat, and tAai any "NrA
citizen would have good STANDING before -"
court William e. Daley and john J. Platt
presented themselves to serve as pamiiiS una
c,nplainlnt- and on December !, aIicr all the
fact, of the fraud had been fully revealed and ca
pressed in nfidavits. they appeared before Jnde"
Edwards. "a Justice in the Third Department,
wherein only The State Board of Cnnvassers could
hr reached sitting at Troy, and asked an order
commanding the Dutchcs- Board of CAnvasserN To
correct all the errors they had made or 60 SHOW
cause why not This order was made rtnrnab"
on December , before judge Barnard AT Pough-
kccD.t Meanwhile Judge Edwards forbade tie
State Board vi Canvasscrs taking any action upon
the fraudulent MylOd certificate. When the mat
ter caInc up before Judge Barnard lie listened To
the arguments Of both sides attcntlvely. wood
represented the Board of County CanvnSsers, every
honorable Democratic lawyer in pouGhkccpse
having declined the task OF defending what he
knew 70 tc a gross crime Wood pretended To
had ~ hat IA
right and proper, but it soon evident that
Judce parna rd listened to him with disgust. The
Judge held what every other judge has held who
has heard the case on its merits, that the can
vasscrs had no other duty or RICH, than TO count
the votes n, they appeared on the face of the
returns. and TO issue certificates ana statements
in accordance with the facts as they found them
There He declared that any elcctOr might set
fine law in motion TO correct the wrong pcrpctrated
by the cnnv,ss.rs Their error, he said was I'M
denied and undeniablc They had supplied the
State Board with a return which did not indicate
the true result lie granted a percmptory man
damus directed the County Board 10 reconvene
and correct It's errors, and continued the stay on
the State Board TO prevent its action until u
proper certificate had been placed III It's possession
HILLS SHAMEFUL TYRANNY.
Meanwhile. Governor Hill sprang personally into
the controversy. IL had been promised ny ms
AGENTS that he would protect his Democratic
Statc-stcalers, and that he would punish any one
whom his power could reach for any act OF honest
rcsistance The contnmacy' OF County Clerk
Huffman in dcfcrring to sign the fraudulent Mylod
certificate. on the ground that 1t made state
ments of fact at variance with the table OF re
turns in his office, afforded Hill beautiful op
portunity TO display his power and to stiiien thu
backs Of the humber knayes 70 whom Judge Bar
nard's and Judge Edwards's actions seemed ONT
nous In the removal of County CLERK Gotten
of onondaga. for similar display of courage ana
honesty. Hill had already shown that he was pre-
pared to 60 to any length necessary TO terror
ize self.respccting officials Dut Dc had an
especial motive for desiring to take OH the head
of Nh Hoffman. AS the county Ilerk o.
Dutchess, Mr. Hoffman was the man by whom
properly the returns should have Deen originally
forwarded TO Albany, if they had been returns
within the meaning of the law ana he was The
man upon whom the decisions OF the courts would
now largely bear. IL was oil prine Importance
to have a trustworthy rascal in the county Clerks
office where he could work IN collnsioh with
Hinckley and Wood. Had MI hennan been
permitted 10 remain, the conspiracy coula mol
have succeeded even after the MyIsd certificate
had been sent to Albany, The courts would have
righted that, as they did night II anu An hones
County Clerk would have obeyed them promptly