New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-21
SELECTIONS FROM THE MAIL.
NAyY\RD,S VINDICATlON."

BASED Upon 4 RAsCALLY PIECE OF COLLUSIoN'
70 tbe Edftor Of The Tribune
sir The roport of the Legislative Maynard WHITE
wash Committee is Of course. "a full OF hoes ~ I"
sieve but NAV call attention to one OF the" Uo''"'0
q i,vo,ves a matter to which, 30 far rs nave
observed public attention has not been particularly
called Judge Maynard in bis letter to the oo"'' VI
Appeals attempting q vihulc''e h'nsen' I'm Wv
nosition that after the stipulation of December =
-oi was eqncd no new corrected return conlu
properly be Transmitted to the Board OF state tan
va,sers and any attempt TO bring mp snch re'"'"
womb be a violation of the stipulation when II was
his duty IN pr.vcnt and IN his said letter he claims
that his view Of the matter has been shncuoneu ''u
approved by the supreme Court at special Term III
Albany and hence that the correctness oi Ms W."
If be stimulation IS 10 longer open for dsciSNoh' ot
:, :. ros .diudicota" The whtcwash report OF course
adopts Judge Maynard's view and referring u thi'
proceeding says: ,,,.,,
In tbe only instance. therefore. in which Iudcla
Instrumentation Of this stipulation has been h'u' '"ubc
Maynards understanding Of it VS. sustained.
The proceeding referred t. was IL follows: ph
December % the day after Deputy AttorheS''eH''"l
MAYNARD had removed" the corrected returns ron
+bo Controllers Office and had delivered them To
Comfy Clerk Emaus, fearful lest some other piOce'"
ing should be taken To compel the st'c ho"'u vi
CnnvaSsers 10 receive these returns, 'apDI"c' ''o
Democratic candidate for Senator. began Pro'eeu-
ing In Albany County against the STATE bo''ru o. t""
yas,ers and Emans the Comfy Clerk and obtained
from Judg,, Mayham order requiring the STATE
Eoard and Emans TO show cause before tnh' 'uuEo
ON December 20 why a writ Of pcrcmptory lnaidamus
shcud not Issue commanding the state Board to can
vass the fraudulent Mylod return. ana requiring E's'
the County Clcr, TO retain In his possession any o'cr
return made by the county canvasSerS, ma 10 re
frain from filing attempting TO file the Same WIN
the STATE Eoord Ohc only other return" possible
md
ing, County Clerk EmanS stayed from filing or
attempting 70 file said return with the state Board and
was also thereby forbidden from parting Win the
,amo allowing IL 10 DC removed from his custody OF
control" This order WIS made ON the nhidaWt OF
Osborne, verified tho same day, which recited the
stipulation aud claimed that 1t pccuded the sending
ND Of any other return than that already before the
state Board on December 30, Deputy Attorney
General MAYNARD WIS engaged in attending the final
meeting Of the State Board AT which the fraudulent
Mylod return was Canvas,ed. and watching that per
formancc without protest but on the next day, Deccm-
Der 30 Osborne by his counsel attended In judge May
hams court ard pursuant to that order to show cause
n pcrcmptory writ u mandamus WIS Issued requiring
Eman>. the County Clerk TO refrain from filing or
attempting to file any other return than the Myod
return. This pcrcmptory wit was ordered upon the
motion OF the counsel for Osborne, the rcator, and H
the order rctr~ the Hon. Isaac ii. Maymii
Deputy Attorney General. appeared On behalf Of the
state Board 81 Cauvassers Of the state VI New->ork
making no objection"
Thus ii appears that this order was made on th'
motion Of Osborne the Democratic candidate, for whose
benefit all the fraudulent proceeding, were Instituted
and upon the consent Of the state Board by Judge May
nard rs their counsel who were As deep IN the con
pracy a. Osborne and the default Of County Clerk
Eman, who had acted %. their tool from The beginning
all Of them being alike Interested in pocuiing the
fraudulent return b" cauvae-cd and boo preventing
the corrected return from Icing considered II trTr
wa, ever a cou,iy' proceeding, th, was one; all tll"
parties, plaintiff and defendants active members ~
the same conspiracy and doing everything they could
legally OF Illegally, to accomplish single END, VIZ
The keeping from the state Board tho corrected 10
turn. or course on December 80. thc ddN "i'cf tt
Villsny had been c0nsummptci. Whrn EWius made &c
fault and Judge MaynaJd consented I'm open court thor
could be no discussion. ana tile VIII asked LOT ""'
ms i the decision which Judge MAYNARD In his
letter and the vhitcwash committee iu their report
claim 4, have been n judicial approval Of Judge MAY
narl's Interpretation II the stipulation Comment
would be supefnuuu- -, .
The memorial II the Ear Association 10 the L"gS |
laue discusses the stipulation nnd d'npnsirnles CON
cu-ivey that II could not have had the cnect con |
tended for by Judge MAYNARD TINT no such intention
bv him WI, understood tS ih" parte, L. II, anu no
such claim va. made by hnt ou" uhiu thr ap |
plcaton 10 Judge Mayham on D'cctnlcr - when II |
became necessary for the state Board by some anfint
tive action 10 prevent their being again Plnced w
a necessity 4 removing ~ corrected return. Inc
distortion Of the meaning and intention ~ inc -tIpult
TONS memorial DID not l'icr t. ia. dc--l'n o. -"
ccmlcr 30 a. adjudication in support II Judr NAY !
nnri', view Il undoubtedly because that decision
WAS obviously the result 81 COLLISION that ah' !
WILLIAM \. JENNER.
New York. April 10, 1-o2