New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-23
procured statements either oral written, from most
OF the counsel connected with the legal proceedings

OF the counsel connected with the legal proceedings
STATEMENT OF FACTS.
Your committee deem 1t most suitable to begin
their report with brief statement Of what seem to
Them to be the material and substantial facts.
1t appears that statements tipllcate OF the results
OF the election in Duchess County had been deposteu
in the mails addressed severay to the Governor, the
Secretary OF state and the Controller, and had o"eh
received BY those officers early as the 3oth OF
November, 1891.
canvass by the Board OF state Canvassers, en-
bracing this statement. would have resulted IN
declaration Of the election the Office OF senator
from the XVIII Senatorial District OF Edward d,
Osborne the Democratic candidate IL was alleo u 10
this statement and on the counting Of the votes ior
senator cast In Duchess County certain VOTE, mtr
Canvassers and that by this means an appare'S
majority had been secured for osborn Wn,rGa dare
would have had plurality in the senatorial 'as' ,h;
1t further asserted on the Repuoicam ,uc aG
Illegal, by of the fact that IT lad Ieem ceau
sd BY one H y who RS had Of 9e9 apC9GT ny
Stead Of the law required by the C0unp n LEE RE-
nhiicsn siSs in he C9untv Of Dutchess to contest,
Gy legal proceedings, what they regarded as an I'M
lawful attempt to count in Osborne as senator III
Counsel were employed for this purpose ana me
plan apparently ADOPTED oy oe tb s Board Of Comfy
Canvassers, to compel that body 70 reconVehe' ma
prepare corrected statement ~len se second
to institute other proceedings against the Board OF
se Sa C tn in place
such corrected statement as nignt DC opeodings
nrst above mentioned Both proceedings were there
fore at Instituted In the one directed sea'
Maynard, who then Deputy ATTORNEY General zen, az,
appeared and acted the attorney ana couhsei 9l
General adviser until the final discharge by them OF
their functions December 20, unless tat t MA
uUon the rendition Of the decision of the Court Of
Appeals In the several cases involving his anu o'ei
disputed elections
JUSTICE BARNARD's ORDER.
The proceeding instituted against the Board OF
County Canvassers Of Duchess County. to procure
q correction OF their statement OF the votes was sue
cessful and on December an order was maae'
By Mr.. Justice Barnard, after hearing both parties
directing that the statement should be corrected by
This order duly Obeyed The Board OF County
Canvassers reconvened, and on December made ana
fled a corrected statement, showing, II counted "ith
tho returns from the two other counties OF me us
us the election Of the RePg6ca
Of votes made provided that 50 lar as tne same
st1 vary from the original cernnfaeS ana nde
he order Of the court shall stand In lieu thereof ana
shall in all places be treated with The same enect as
II ouch corrected statement had been part OF the
original required by law tLawS OF 1857 ohap
400. .., -....oo. ,r.no s.nos.
tied by the County Clerk In the mail. on Deem
Der, u, addressed TO the proper State oncers ana
sfc}k Canysssers on the final canvass OF The votes
on December 90, but for the following extraordinary
Storm Emans, the then County Clerk q Dptch ss
County who had been appointed to that ONCE 6y TIE
sist Of December; and, after consultation with Mr..
from the offices at t Which tney y had him Defa a
Tsst TS a 1ne to the S oonor
vas sctnay taken from the office Of that 'nicer IN
his absence by Mr.. MAYNARD and was by lin delivered
Ernon
" Il H.' stterward became known that this had been
done and thercupon the counsel WHO were s az nn
81 the same statement to served upon each mem
Der OF the Board Of State Canvassers
COURT OF APPEALS DECISIONS.
On the 2sh OF December the decisions OF the Court
n, nncols IN the numerous cases argued before IT, were
announced So far as respects the Dutchess County
case. It affirmed, with certain MODIFICATION 'he
order which was appealed from. That order was rs
fellows
At Special Term Of the Supreme Court held at the
City Hail. in the city of Albany, on the 9TH DAY OF
December, 1891.
presentation samuel Edwards, Justice.
In the matter Of application OF William O. Da'ey
ana John 1. a mandamus against the boau oi
State Canvassers the State Of New-York' ana FRANK
Rice as Secretary STATE Edward wemple as controller
Of the STATE Elliot Y. Danforth as sc''e ireasuter.
Charles F. Tabor as Attorneydenerai' ana 'ohh bos
- State Engineer ana surveyor 10 HieHiO'i' ''' WIZ
each Of them. -. 1900.
This case coming upon the order TO snow cause
herein granted at Special Term, dated the So'h Gay
yovember 1881 and returnae at Special Term heu III
the city OF Hudson the 9th day Of December 1871,
and having been duly adjourned by the consent OF al
parties 10 this term. now, Oh reading the anI'N's
Charles h. Cossum william G. Daley, John l. fIa't anu
Edgar L. Murin referred TO IN the sara oIdeI W 90
canse and the aridavits Of Frank Rice and J0hh D.
Mylo1 on the part OF the state the REALTORS having
ofeed an andsvt OF j. F. Parkhurst, verihed TINS u,y'
which being OBJECTED 10 by counsel oil sara SaVe Doau
the Court decides it power to receive wheh so
objected 10.
On motion OF Cady and Hoysodt attorneys for REALTORS
.s.or hearing Matthew Hale w Sutherland, j. f. Park
hurst and Eugene Burngame, Of counsel for REALTORS ana
H. MAYNARD Deos MeCurdy, OF counsel Tor the adlu
State Board Of Csnvassers in opposition thereto.
1t Is ordered that writ Of peremptory nehumus ISSUE
out a and the seal OF this court commanding anu r.
curing the Board Of Canvasers that they issue
certificate Of election oce OF Senator in the HNtn
Senatorial District this State dre2ardng the socahed
return Of the Board Of County Canasers OF the County Oh
putchess which signed by John Myod as secretary OF
sad Board pro tempoe and Is not signed by the County
Clerk OF Dutehess County certified under the seal Cf
said County Clerk but that instead thereof they consid,f
onv such return the County Of Dutchess a. may mere
after be fled containing the signatures Of the county N'fN
Of the County OF Duchess and the chairman Of said Board
Of County and issued under the seal Of sad
County Clerk and their certificate Of election inc
sad state Canvossers certify and declare tht o
person appears tho certified returns ana sN-
ments made by Boards Of CahNassers OF the counties OF
Columbia Putnam and Dutchess. in pursuance OF the stat
rte and the order court 10 have received the greatest
number Of votes duly elected Senator from the sal
xv,h Senatorial District SAMUEL EDWARDS.
Jus. Sup. CT
CHANGES IN THE PROVISIONS.
The modification was as follows:
IL IA ordered that the order and tho writ Of man.
damus TO issued thereof be ana the same
are hereby modified by striking provisions therein re-
orrne return 10 be certified by and 70 come from me
County Clerk OF Dutches County. and issued under hit
seal and as so ncdned that the be affirmed without
costs.
The opinion Of the Court Of Appeals In It's concluding
paragrath contains this language which 1t is pertinent
IN have i'm view In considering this amended statement
TIE other ground for directing the state Can'osser'
t, % canvas. this return remains 10 be considered
The papers substance sege tina; the Board oil County