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

of Onondaga State Of New-York, Town of Cam-
lus, November 3. 1897: and in the blank place
the County Clerk was required TO fill in with ink
the number of the poll in which the ballots were
to be used. lie performed his duty fully and
correctly. but his messenger, in delivering the
packages, gave those of District No. | to The
inspector at District No. 2. and those for District
No. 20 the inspector at District No. 3, making
in all three blunders of this kind. Nobody noticed
his mistake. Neither the inspectors nor
the voters at any poll fit TO challenge the
ballots, and 1,2lS of them were voted. The
Onondaga Board of County Canvas;ers were COM
posed of seventeen Democrats and sixteen Rcpub-
licans, John A. Nichols, the Democratic candi-
date for State Senator being one of the Demo
cratic canvassers Ii not until week after
the election that this transportation of ballots
| discovered. Rufus L. Peck the Republican clndi-
date for Senator, had received a majority in the
| district Of $50 votes, and, although the Demo-
| Gratis in the canvaSsing board delayed giving him
his certificate in the hope that they might dis
cover some technicality upon which to declare
Nichols elected, individually almost all of them
| conceded that Mr. Peck was clearly entitled to
| the seat. Wien the transposcd ballots were dis
| covered they were promptly reported to Governor
| Ill., and he at once said that they must all be
thrown out. lie convened at Syracuse an en-
| tIdOTulldTy special term OF lnc supreme tOUTt,
importing Judge Morgan T. OBrien from New
York City 10 hold il. As if to instruct Judge
O'Brien what expected of him, in a decision
| rendered on December 3 turning County Clerk
Cotton out of Office Hill declared all these trans
posed ballots illegal and on December ), by Judge
O'Bricns order, they were thrown out, and
certificate was voted 10 Nichols IL was not pre-
tended that the l,2ls voters thus disfranchised
had cast their votes fwith any other than the
most innocent and pr5per intentions.
| These are the three cases which by reason of
their final success have attracted the most atten
ton. There was a fourth, however. and although
il did not succeed il i'd OF much significance, and
| evoked from the Court OF Appeals decision of
| great and farrcachng importance This was in
| the with District. composed Of the counties of
Rensselaer, and Washington. This is "Ed7
| Murphy's stamping ground, and an especial friend
| OF his. Michael +. Collins 10y name. as the
Democratic candidate for Senator against John
II. Derby. Mr.. Derby received a majority of
Gel votes. but the Democratic Board OF Can
vasscrs in Rensselaer,. obcycd hurphy's command
adopted resolution. making it. az was done in
Stpuben, a part OF their return. in which they
| declared that there had been much bribery AT
the polls, and that many excellent Democrats had
been seduced from their allegiance by Republican
gold. On this ground they alleged that Derby
had not been fairly elected, and declared that in
despite OF his majority the certificate ought in
their judgment to be given to Collins.
WHO THE LAWYERS WERE.
The Dutchess Strubcn and Rensselaer, cases
came before the Court OF Appeals upon an appeal
from mandamus orders granted by Judge Edwards
| commanding the Democratic Boards OF County
Canvassers TO undo the wrongs they had pcrpe-
| trated TO the injury OF the Republican candidates
by these altered returns and improper resolutions.
The Onondaga case came on an appeal from the
mandamus order OF Judge O'Brien directing the
Onondaga Board to throw ont the I,2Is Rcpub-
lican transposed ballots. A great array Of couns
had. first and last, been called into the cases
On the Republican side wcre Joseph H. Choaic
and George Bliss Of Ncw-Yorl: William
Sutherland Of Rochester; Matthew Hale OF
Albany; J. Ryder Cady, of Hudson D. W. Wilkin-
son, Of Poughkeepsic; William NOTTINGHAM. of
Syracuse John F. Parllhurst, OF Bath, and Green
vile NJ. Ingalsby, OF Troy. Mr.. Cady and Mr.
Wilkinson especially represented the interests of
Gilbert A. Deane; Mr.. Parkhurst icpr scntod ,ho-e
Of Senator Sherwood, Mr. Ingasby thoae OF senator
Derby, and Mr.. Nottingham those oi Senator
Peck; while Messrs. Choac, Sutherland, Hale
and Bliss gave to all the cases general Supervi-
sion. On the Democratic side were engaged Isaac
H. Maynard, Delos McCurdy and l. Newton Ficro
matters Hills most miscliicvous and desperate
agent, had been that Of pcriinacious politician.
He had been deputy this. that and the other
lie had never succeeded in getting elected 10 any
office, although he had been often a candidate. The
appointive places he had held Were Us some
body else's assistant and he the deputy
attorney general. Mr.. McCurdy spmng into dis'inc-
ton recently the lawyer who broke the 1ildcn
will Until his engagement in that case he had been
country lawyer Of no particular mark. Decidedly
the ablest man on the Democratic side was Mr.
Fiero. Of Albany lie is Republican. and he
came into the case late and Il specific issue.
He not admitted into the full confidence of
his associates and although he gained for them
the only tangible victory they won. it is not
probable that they admit his achievement or that
he is proud of it.
TIE PROC EEDING BEFORE JUDGE EDWARDS.
When the several Democratic Boards of County
Canvasers had acted and had sent TO Albany
certificates and statements in effect elccting the
Democratic candidates. it was of prime npor-
lance for the Republican counsel. while they
were adjudcating the cases. TO stay the hands
of the State Board Of Canvasecrs. That body
was unanimously Democratic. 1t composed
OF Frank Rice, the Secretary Of state; Edward
Wemple, the Controller; Elliott Danforth. tle
Treasurer; Charles f. Tabor, the Attorney-Gcn-
era and John Bogart, the State Engineer and
Surveyor. 1t met at the call Of tine Secretary
Of State, and he entitled to summon it " on
or before December 30 1t evident to the
Eepublican counsel that a final decision all the
ISSUES pending could not in the nature of things
bc procured from the Court Of Appeals much be-
fore the close of the month, and aS the State
Canvasscrs were liable to meet and act al any
time their first thought was to procure judicial
order which would cfectuay restrain these onl-
Gals The Code Of Civil Procedure provides TINT
where "a duty is imposed by the statute upon a
State officer or board of State officers. an IN
function order TO restrain him or them from the
,,erformance of that duty shall not be granted
except by the Supreme Court at General Term
IL. il. linL flIn