New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-14

| Mr. Edwards has performed. I think the offices
| ought 10 20 70 partisans | doubt whether Ed
wards votes the democratic ticket more than half
| The time and particularly doubt whether he voted
| for me. The Governor had described Judge I'd
| wards with considerable accuracy. The doubts
| expressed Were founded on large and substantial
! fact. The sentiment of Columbia, however, was 80
decidedly IN favor Of the appointment that I'M at
| doing 80 he had brought the Judge into his per-
| sOnal service
JUDICIAL ORDERS CONDEMNING THE FRAUDS.
When the Republican counsel first made their
| applications Judge Edwards intimatcd that he did
not desire 20 take up the eases; the regular bns-
less Of the court was enormous, and he was far
| from well. But short argument convinced him
that unless he consented TO hear the matter the
Republicans would he wholly without redress.
Pcrccvng this, he made an order compelling the
Democratic Boards of Canvasscrs 10 show cause
why they should not undo what they had done
sending the Dutclcss tn Judge Barnard and
making the others returnable before himself on
December :. The argument on that day brought
out Maynard for the first time in his character as
counsel 10 the Board of State Canvasscrb lie was
the Deputy Mt0rncy-Gcncral of the State. the d.
rect and personal representative of MT TABOR VINO
sat in that Board member, one of the olilcefs
upon whom the Courts mandates bore. 10 charge
a man with indcclcy whose offences seem 10 rem
der him amcnable Ia the penalties or grand lar
ccny is not, perhaps, worth while. bnt AZ mat Tine
Maynard was regarded rs At least honest ana ms
appearance before Judge Edwards was considered
as gross violation OF publlc ana professional
propricty.
While the courts Mt Hudson and Poughkeepsie
were listening on December I to the arguments
for and a4alnst the motion to make the ORDER
permanent, Governor Hill was sitting In ms room
at the Capitol hearing the charges ne had brought
against Theodore Hoffman. the Clerk OF DutchcS
County. for refusing 10 attest the fraudulent MY,
lod certificate. -Four days before this he had
removed the County Clerk of Onondaea on the
ground Of his responsibility for the transposl-
ton of the Republican ballots in the
~, ,il bod riV II lao
tunity Of experimenting tho Onondags Democrat
ic canyasscrs with one OF his most servile tools
as County Clcrk lie was thus possessed a OF Demo
Democratic judge. and Of Onondaga he felt rca-
sonably sure. The situation in Dutchess, how
ever, was still doubtful. and the proceeding
that there should be in the clerks office man
who could he relied upon to obey Hills orders
no matter what the conrts should say or do. Hlll
was exceedingly nervous while the hearing was
going on. Every now and then he would whisper
10 his messenger and the messenger would run on
TO the telephone Office and ask if there were any
last the dispatches calEe; they announced Almost
AT the same moment that Judge Barnard in the
one place and Judge Edwards In the other. after
hearing argument on both sides, had decided that
the Republican contention was right and proper,
that the county canvaSScrs had acted falsely and
fraudulcntlv. that they should he compelled to
issue certificates in favor of the Republican candl-
dates and that meanwhile the State Board OF
Canyas-crs should I've forbidden 10 take any action
except upon legal returns made ont according TO
the courts orders. II is reported by those who
were by him at This time that Hills dsappont-
incnt keen and his vcxation intense. Es-
pccally lie enraCcd at Judge Edwards. and,
indeed. ~ himself that lie had ever conscntcd 20
arpoit n man 80 regardless of political duty as
10 decide a controversy involving political consc-
qucnccs upon considerations OF Justice ana law
rather than partisan interest. AZ first, indeed. he
was almost inclined 10 give up the fight. consider
ing that if be- had 10 contend with Democratic
judge, a. we'll az Rrpublican ones the job was
too big.
THE STATE BOARD CONSENTS TO sT1PULATE.
Already the State Board Of Canvasscrs had held
seven sessions, had canvasSed the vote for State
officers for members OF Congress, and for twenty
eight Senators In obedience TO the temporary
injunction Of Judge Edwards they had omitted
10 do anything in the cases Of the XVIII, XNlth,
XVIII and XXVIIth Senate Districts. Fourteen
Democrats and fourteen republicans had been
supplied with certificates emitting them 10 or
canize as q Senate. The board had met on Deem
bcr > thirteen days before It's usual date oil
assembly. Various explanations have been given
OF this curious haste Frank Rice has defended
il on thc ground that the board had met the
year before as early as December s. This is true,
and they met then for precisely The same pnr-
pose they had in view In cominsvogcthcr 30 early
in 1891. In 800 thcr had fixed upon December
~ the day Of their first session and orders had
been given by Secretary Rice IN his deputy 10 call
the board together on that day. but when ~ wa
found that the Suprcm" Court had decided that
the Chcrnung Board OF County Canvas-crs must
rcconvcuc and count certain votes in favor of
Colonel Noyrs the Republican candidate for Con-
gross which they had previously omitted from
thcir cpnyass and the omission Of which had had
the effect Of el'rung the Democratic c"ialdht';
Mr. Rockwcll-whcn the State Can a-scTs learned
this fact they were hurriedly summoned by Frank
Rico on December ;. and Ncurryng away from the
decision % the court they passed resolution
living the certificate to Rockwell. They under
took in 1891 the same dirty and dishonest work
that they had successfully performed in defiance
December for the purpose Of issuing certificates
to the Democratic candidates III the four disputed
senate Districts, and II IT had not been for the
courage and honesty Of Jndgc Edwards and judge
barnard they would have completed their shame
fnl work The year before, the reason for
declining to rcconvenc and rcscind their vote III
the Noyes-RockwelI case At"rnry4'cncraI lrnor
had announced his official opinion that after
a State Board of Canva--ers had once met they
must complete their lab0rs within five consecutive
days. and that after the fifth day they became
business SO when the State Canyas-ers met on
December II wac the opinion Of the Attorney
General that their ohicia life would end on
December Z. which was the Monday following |
When, however. Judge Edwards's order was |
served. Mr. Tabor changed his legal views 10 suit |
his changed circumstances. The great anxiety |
of Republican counsel at all times after these |
actions were begun 10 move them forward |
into the Court Of Appeals for its conclusive de- |
cision. On December they presented to the |
State Board Of Canvasscrs over their signatures |
a written offer 70 take all the disputed questions
before the court and 70 abide by lis decision. |
Secretary Rice treated this offer with lofty con
tempt. He was then expecting That in few |
days judge Edwards would quash the temporary |
mandamus and leave the board free TO act Mr. |
i;cr replied; therefore, that the board ~ public |
officials with "A statutory duty ~ perform could |
not and would not enter into any bargains with |
counsel or become parties 10 any stipulatlone |
affecting their official action; The board met |
on December = and while Hill was giving ear |
TO the proceedings before him looking 10 lion- |
mans removal and the other TO the telephones
connecting with Hudson and Ponghkeepsc, the |
State Board Of Canvasscrs were also awaiting with
fcvcrish expectation the courts decisions So |
soon as they came the board abruptly adjourned. |
Mr. Tabor observing that he had changed his |
mind about the necessity Of performing their |
entire work within five days from their first |
session. Mr.. Rice now less lofty about the |
matter Of stipulation. Indeed with the heavy |