The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-12-30
u, sH,s CONTEST lOR THE ASSEMBLY,.
An Important Decision In Ills Favor nv
.lmdxe Atom u. PnrkcT.

SuVNe -AuOn -.
KiSosToS. Dec. 2o.-Judge Alton D. Parker
has .uat filed an opinion In the Bush.Louns-
berry election contest. declaring that the pro-
ccciirgs taken for investigating the alleged
frauds L he election are In accordance with
the statute. aud that u special term OF the su-
Ierior Court is wholly without authority to
grant a writ Of prohibition TO stay such pro-
ceedings. The Judge says:
The statute under which this, proceeding wn, in,ti.
tu,ed was originally cnacted over sixty years ago.
and has continued unchall"heed by the courts down
TO the prcsen, time Its purpose Is to cnabs party
claiming TO have been wrongtuiiy deprived OF Ger.
ufcate OF election az member OF tie Legislature TO
have the evidence tending to support his contention
taken ~ e-erved in ord.r that II may be presented
to the branch OF the Legislature TO which he Claims TO
have been elected by the people. The original act
with some amendments. was resnacted IN lSo2.
a. amended 1t provides. among other things
that such procscines may DO instituted before
Justice OF the supreme Court In the judicial district
III which the election occurred when statute pro-
riies thai party may institute proceedings before
Justice of the supreme Court, 1t contsts upon the
aagteved party right which the Justice applied to
may mt arbitrarily carr,ciously deny May" in
the in which It is used. means must. provided
the engagements of Ia. Justice applied to are such
to pe init aim to give TO the proceeding the requisite
ttuie and attention.
The contestant. Hush as wa. his right duly applied
20 At the justices O. the supreme Court OF thi,
judicial district to take The testimony and surh pre-
ans wse s,.sr INA Fl -s ~. .n T. ty sxa
.no DIR Transferred the Proceedings before anoher
kss,o place
Tn 81 .G S " z Ia" rms t VA,
kingston the counsel 10. the ron,es'ee nlamei an or
@aA,s.Snx ~ S$",..,an! s%% , i. rSss.:s; ;
f:" . Ss' S.sn n" @ ~as alien
=, the Any T'tr sr nra ,r ' 10 . nrsS
cause Why the order sn.ah MT b, v.ea:-i wa. mad:
ur " Tl" AM re" the
ni".un Was stGnt,d and ile "rd,r ,a,a.e.i; on me
s"Ht"sr d." srsri va. wGois Without auiI"tty /"
Ts S", TO St' pr.resins srns 10 TIL. a.rt,
r"cerlln be ore lasicr i.r.o ny wh.te,e, name IN,
H, III the s. Go q, ti s's'"' " -'
Alter citing further objection that had hcen
interrosrd ny counsel Tor Lounsterry. Judge
larker continues:
two witnesses wer" tssnin,d. one OF whom 'eNi.
sa MA, s !" q" %s Ter "mr '"ai
.n on one Of ths ."rnners nias"n"Ay ana then nut
W." ." 5ts"%s g pi: rhs% II: 'ss
s +" @ w@' al II. %
nox 'h.r m.na be sHd .snt ,s ,sr &. pr
.rrs marked Tor ,,.mt ano TN. .ysnes. and &?
9f s"s aon t' W
Bao, Reform lava aw wen grounded III the
sss ,,Ssr.t /. Tie ;nS ,As, ,Ms
.a!"t "honli by every s.zen. MA, no. he de
rq - IT 30 sci FOR iornshsrr a%onsi to tic
iu.uwiny Wednesday mo- uiHR when tecvhl stay OF
proceeding. Wa served on the contestant Uns, ana
hi. counsel anu an ndio uFnmrnt ras taken until fri
win thC proceedings since their ranster An nNeA,r
cation made 10 discover by what authority tho
stay was grsNi.d and upon what ground counsel
cnu.d the Albany SPECIAL Term for writ o. trn.
wa. asked to mass upon At the Albany special Term
were cousiucred and Gecricd Mt tho Sre,ia fern NJ
witch the stay granted vacated TO- III eject.
the result sought wAs All attempted review OF ono
Special Tertn tS another. Cases have arise and may
ar.se again where Judge ought not to decide nome
par ,criar cas- bnt II would be strange indeed II the
thoriy TO determine that question should rest In
single possessed or the rame Jurisdiction ana
other, II upon han were drvOlred tho night To
substant,ay wresL from thu presiding Judge at Circuit
The roatrol of the calendar. or to deprive him from
hearing motions regularly noticed ut Special Term
The Code OF Civil Procedure distinctly and positively
provides that alternative writ OF prohibition eau
only be granted vt a General Term IL the supreme
Ep rai Term ut the same court. %; directed to one or
moe Judges or the same court Now. Ind the writ in
the present been granted. 1t would have been
directed IN \ Judge Of the same court as the one
IN the discourage duty .njonet upon linn A. such
officer hy the sAtu. authorizing tho prucrednr. II Is
GEAR therefore that Special Term "f the court Is
wholly without authority to grant such a writ.
The Vows expressed by Judge Parker have
been affirm ed 10. day by the action OF Judge
iIerrick ut Albany denying the application
male by counsel for Lounsb berry for writ OF
prohibition. and further testimony will be
taken in Supreme Court. Chambers. here to-
morrow. 1t Is expected that evidence will be
presented showing one OF the most complete
schemes for bribery and obtaining a seat in
the Legislature cohcocted in many years.