New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-15
VICTORY FOR MIR. PECK.
,,,s nrv1.nRrR TO THE INDICTMENT AVAINST
r,v s,sTJyEp-TnE ELECTION CAFES

mrs nr,,r.pprE TO THE INDICTMENT AoMN9l
,,v stsTuNED-TnE ELECTION ca ES
Allan, v,c 14-labor Commissioner Char''s I
MI, and his stenocraphcr Ebert Rodeer' were so0
-, ,,,, to-day I'm tho proceedings brough' "sa'"'
n,, f,r DESTROYING the records, on winch 'Ae O."'
missioner based hi now famous report " ,,o
Court Of Sessions to-day Judge 'lu'e susan nj,
demurrer TO tho Indictment found ngaihs. 'n'' rta
and Mr. Rodgers and discharged them DOM i"e
W ,,,on lac Judge Clut. exclusively reviews
,io lov, under which Mr.. Peck was app"h'eu III"
the Indictment was found, and concludes:
.T,c act or law that creates or makes '4ie o'"''
and officer known as the Commissioner VI =, .
NJ Labor does not provide place nor Feq'ii. -,
commissioner to provide place thai ne siaii ''''
office or bureau OF labor statistics. Ne''he' "ov
reo,,ire the Commissioner 10 keep n file or re'oru W
any papcrs or documents that may come 10 MN.
act rcn,iros the Commissioner OF Labor S'a'buSs w
collect os.ort sysemaiizc and present IN aiihuS' ~
r,rt; 10 the LEGISLATURE, statistical deiaiis re'hhe
all DEPARTMENTS OF labor. No ONCE Is Pro'Ae io'
the preservation OF records by the 'oihi'SSo'''
neither does the law require the Commissioner 10 Mp
on file at his headquarters or any o'her P"'oe' "''
papers. circulars, answers. books or docuneh's' ou'
he is simply collect. assert, systematic anu po
sent IN the Legislature statistical details. There Dc
ing no legal public documents at his headquarters"
the defendants could not commit the offence cnsbeo
in tho indictment. The demurrer intcrposcd Is
allowed and the defendants are dl charged
Justices steward and Hampstead both concur
District Attorney Eaton asked Mr.. Ftch , oo"nS'i
Ia enter his order on the decision rs carry 's P"'
a. he wanted to take an appeal.
Close on the heels of the throwing out "i court vi
tho conspiracy case against Mr.. Peck cones the re-
n,,l OF the Grand Jury to ndict John Doe" Inspector
Of election In the third district OF the litth "SrO
John Doe is none other than jeremiah Murphy
lDem) who was TO BE- punished because he favored
the Hill faction and stood up for correct return i"r
James d. Walsh (Rcpl. for County Clerk Because
of the position he TOOK politically, Mr.. Murphy was
retired on saturday loohkcepcr In The Albany l'!i
way the ma jority Of who's" stockholders are cleveland
machine men, While the II Murphy wus before The
Grand Jury Assistant District Attorney COIN asked
each witness II h. l1hlp Russ after leaving NE
polling booth. Mr. Rus T. the liill Democratic l"u'r
in Albany CITY. The Democratic machine men az
70 cnragrd over the miserable showing they made I'D
Alhany. comments come In from nll '"uona Oi tic
country that they growing dcsper' f.. The I'M
men and Erput cans 'impv look On ana laugh
At the same sr>sl,n committee. cont't nG OF
Mayor James H. Manning. COngrC-~ man thhrl'> Ihc'N
and G,ncirl Aun.l !. Parker. was appointed I" de-
uand 81 Governor Flower that such pc-sohs as NJ
AZ the late election be removed from the places thcy
hold .
The Democratic city Committee assembled In secret
meeting this evening, and In compliance With orders
from Boss Hcrrck -ummarily expelled Phlllp Russ,
The senior committeeman In the FIN Ward. Mr.. Russ
WAS charged with treach-rous conduct There was 10
chance given him to exonrrae himself.