New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-19

colve the return il their claim is correct but OF thu
they neglected 10 avail themselves thus virtually con
ccdng that the action OF the siaic Officers III fci"ss
| to receive this return was correct.
| SIURs on THE BAR ASSOCIATION CoMMl LEE
The purposcd grievance OF the committee Is nowher
| bet err shown than in the statement III u'cr rcPo'
last above quoted They knew, IL they read any OF '
paper, that lay before them. that the only order ever
made directing Clerk Emans 20 forward these retlrn'
IN question TO the Board Of State CanvasseFs was au'
BY Judge Barnard. In proceeding ehtied rs ioilo"'
Tho People Of the state Of York, on the relation
Of Edward h. Osborne, against the Board oil super
visor, OF the County OF Duchess, sitting as Board
County Canvassers' The stay grained by Judge l1s,
IN that same proceeding. IL '1uge niilid az,
could order the clerk 10 scnd the retr' u is
follows that Judge Fursnan could D. an o,rel ', n
i'm thr same prOceediug, STAY that clerk. More than
this. the restraining order granted BY Judge Insran
was made In the same proceeding. III Judge Eaffliiu
cond order the clerk 70 transmit the returns. Judge
Ingrahan, by an order in the same processing, codd
Stay him. ,, ,,,,.
hut more than this. Proceedings to punish Clerk
Emans for contempt were Instituted before Juuec
Cullcn Tho proceeding IN when IL was sought ~
commit him 10 the common Jail for violation Of court
orders was In that same matter; ard II was for an
alleged violation OF o;der made In that proceeding
that he was brought into cont % meet such punish
mcnt. If County Clerk Emans could be punished for
contempt because he failed to obey an order OF the
Court made I'm that proceeding what Is TO be thought
Of a committee daring to report that other orders un,
favorable TO the end they seek 10 reach mndc III inc
same proceeding, null ana void
County Clerk Emans learning that In violating the
stays Of Judge Fnrsman and Judge lngaa, ne wa,
Albany to got back the returns he had mailed IN
obedience to the orders he thus violated II was the
duty Of County Clerk Emans to sorsc cn e t Tr0hs
T right to obtain this return, if he ,,s could
The statute Of the State provides that n three sets OF
returns should be delivered to the secretary u stat
one directly TO nm one 70 1--WE tne anne 10
him.
EMANs RESORTS TO sToPPAGE IN TRANsITC.
County Clerk Emans obtained by the con>e = u the
secretary Of State the next morning the copy o"he re-
turns he had enormously mailed TO him. lie stopped the
other two returns in transitu. they were received
in the mail In the Office Of the Governor ana the
Controller. This right Of stoppage In rahsith a.
TO letters and papers OF private Individual Is sus
tanned the fullest length In Muller agt pondr'
5j ~ Y. Can 1t be consistently urged that the right
attaches any the less for the purpose OF recufyng
an erroneous wrongful act Of public officer
II appears that Judge Maynard, when consulted by
the Board OF state tnvasscrs rs To whether uc hc.
publlcnns could procure return from Dutchtt's
County and transmit II TO The Board VI state can,
that pending the decision OF the Court o Appeals no
ncw return could be properly sent ana none cVuld pe
advice he was sustained b! Judge "ibs!, tno 10, ton'
Augustus schoonnakcT and the non j. Newton flero;
This advice had been communicated 10 the Board OF
state CaIEassels before County CleTh hinhhs alNc"
at Albany on the morning OF the I'D Of December
the secretary Of state and the ;ioyernor. The Con
trorr not being II the city, Judge May hhu wen, -
vi the mail aud told him that tho County Clerk was
tncn at the Captoi, saying that he haf scnt thc ~
turn, which then In the mail Of the controller bt
mistake ard waat,d 10 srt 1t back. Judge May rail
advised tie Controller clerk lhat TIC County Ger. ma
properly mailed, aud that he would deliver !" nm
Or That il could BE- returned from ne Coatroiers
he took Ii to the secretary OF states ONCE. where ne
handed il 10 Mr.. kmais. This was done op"uy. ne
returns and not I, hesitate to that he had taken
them back. that no haf lh"m IN hiS lo'srS,Jn' ana
nnri had fun anthorit, from me Controller - n,t IN
the matter The Controller hal accepted the advice
return and IN. since expressly unqmlihedy approved
judy M"yua'd', action; 3D., c,.,
section " tie Penal code. That section makes the
any public officer an offence when II j. "ifnly ana
unlawfnlly done. and only when 50 done. The very
rcccvin: The return ccrthc> more 70 he Innocence OF
the act tlnn any language We can employ
u The act or felt that u Wa o'hcr man !n"inl ana
proper Vrocc ding be would have emil ~ ed otaer means
10 accomplish the end IL was not az unlawful act
Tic duty Of the Controller To perform. Judg, Mny
uaHi's action was inconsistent WIN guilt u was
casting discredlt upon Judge MAYNARD his HocuscrN
words OF the statute Ia an innocent and proper act
TIE COUNTING or TIE Mr1oD RETURN.
The remaining accusation u the Bar Association Is
hat Judge Maynard present a, The meeting OF
he Hoaid u state Cauyas-cfs Oh December ~, when
the MyloI retain VA counted.
Il /. aid ly the lar As-oruthn Committee that tiis
ountur Wa made tie iaoe II the opinion Of the Court
u Appeals. upon u" prceAt lint me corrected return
yas iot ir,oic the board and that judge Ma uaia
y4s pr cat 4nd rcmnned Silent although hc Wa well
iy a. 81 tur lt1 tlAt tie d., -pu 60 lc court ui
ppcal. required the oIrrung 90 Tie 'rrn. IA the 9"
l,'.al Of w..en ~ Wa. the ehlci party concerned.
There were AZ iLat tame Ia TIC h.=t. 81 Tho BonN uIir
'r..ifci ,opic- Of tnis rcmrn. H. Board 81 STAT,
amt
ra-c. Tie Republican oJhnsci Who were present ha
tic .anc hnoTl,d.c. and lad purpo.ch waited tir
v,chs without se-tins nuy adjudication upon &.
Mat dAfy did judge MAYNARD owe H. state
neut tl't hl, function counsel 10 tie Board Scro
then ended /. not c0nt,adctcd. IT cannot bc contra
dcild l.u Whether D.. ,ot remained counsel 10 TIE
thc XV,h -,uai"rlii District n Ire Lad urc,l he
Hoard a. CONT lie fandunti, co-rcri~d cciifcatc
hen on nic The validity Of which ali pmrtics 10 the
upon by the court Of last resort.
We rad tie Ianrmsc Of tn" order from which The
rcturn 20 refer 20 fulnrc rturn 10 tc made IN ne
that tho Court Of Appeal, should decide TINT the
Niylod certificate va, not properly auihenumicd' ana
rhr whole force Of the criticism against Judge May
nnd as 10 thls act j. Tint h. stool by Dattcr Of
fact. and Illegal return counted, while. AZ III,
same time Il. matter Of fact. fraudulent corrected
return wa. suppressed. We lind that ns matter u
fact the legal return wes counted ana that The oni'
suppression u the frnudulcnty corrected return WIS
By the Judgment Of the supreme Court Of the Third
Department. which judgment today stands unrcscrvcd
He was not and could not have been aware 81 the
fact that the decision OF ia" Court OF Appeals required
the counting Of the corrected return, for the reason
tlal the Court Of Appeals decided nothing Of the sort
All that decided by that court waS that the court
below, IN it, proper department, cONd have com
PEELED the cauvaSSing OF corrected return II II was
not fraudulent. Upon the merits Of that return the
lourt Of Appeals did not and could not pas any
Judgment.
Where The Legislature receives communication re-
questing mat II consider whether the conduct OF any
officer does not demand The exercise Of the power Of re-
al g.. Il, Erct pIas lat he
u The charge should be inquired into and determined |
HONORABLE, UPRIGHT AND CoNSClENIToUS.
We have determined that In all that Judge May |
nard did he acted an honorable. upright and con
scicntous lawyer.
IIving adJudcaeJ upon the merits Of the charge. II |
IS right that the Legislature should consider The /
motive. a Judge Tins assailed Is entitled TO vind |
cation upon the merits that Is all he requires |
l,ut the Legislature owes Itself the duty Of |
considering the motives OF the charge. Ii Is known
hat two az lennL Of Tie committee u |