New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-19

Control Of OF the State senate Tor the next two
At the time the stipulation was made ana ~ "t was
Of the argument before the Court OF Appeais, ~
intmated by any then before inc cou' ME-,
COUNTY new return and thereby create new coz ~
troversy the result there whch eoiIu 40. 10
passed upon or determined by the Court OF Apiens;
In short, it believed By US and we nan 'e '1s hs
10 .icve from the scope OF me supu.ao,o ,,a. ,hnv
statements made by counsel for the REALTORS tnso tngy
assumed that the decision OF tie court Oh hple'ne'
the cases then before it. wond hHahy ecction IN IN
tbose four senatorlal districts In those cases my adj
vice was sought ard given upon five separate PROPOSE
First Whether the supreme Court at special Term Term
possessed the power to control the @uOh VI tne -
hoard Of Canvassers. or its members, by means OF
STAYS Injunction orders writs OF inuhctlVe mah0a
advised that the special Term did not possess such
power, and that the power Gonld be eHecTeu Ts ad
vice sustained by The decision OF e act SoJ Frank
Appeals (thc People cx rel John H. DetoS an
al state Reporter $3.50 in which it was held tial the
Controlled in The performance their duties by an order
granted at special Term, but only by an order grs
Si,m proccdnrc The court saving: The inhibition
Of the Is ursdIcOnal and All order not gran eu
Second Whether Franklin d. sherwood Vas, was eligible
the office of senator In te Min DiS''' .arr
whether the state Board of CanvaSsers c0nu Ue vHh
PEELED TO issue TO him certificate of election not"t
standing his inelHy "d ,H int the c6ns q not bs
compelled issue TO him certificate OF elecoh, ana h
Cont Of Appeals Mat cr Of sherwood state Board OF
Canvaser Al state Reporter Pr ,he to hr csstes
Pa
hold: the Office of senator. ne ,c of the
constitutional provision IN seeking Eo,n e oP him. a. as
ma Ter OF constitutional law. any certificate the ap
pellants could issue to him would he an aDsonisS
I've TO violate the Constitution and do wrong bv m
son nQ az oG WC RS sre a6 so 20 f a 1%T Gs s
competitor may both present their cases to I'VE Scnas
without either Of them hayng fp t9 Ge e, ali
The questions Of fact and law involved in the matter
THE COURT SUSTAINED HIM.
Third Whe her ballots In the XVIII District
not Endorsed with the number Of the ciecuoh o'''e
where they were used by the electors. but ihuofsrn
with the number of another district could be a"fuly
counted for the candidate for whom they were cast.
advised that they could not be counted bnt Slo"'u
DO excluded from the computation by the cahva,er,
in People ex rel. Nichols The Board OF county 'pI
vassers Of Onondaga County (4l New orE boldinr
hat these balIo contained obviously ILLEGAL in,
evidence in the case TO show that they were desgnedy
trnnspOsed" And again. the ballots cast III al
enmt"nces " Witch obviously exposed tie political char
OF every Republican vote as notoroisF a. Viii
Fourth Whether the returns of the BOARD Of County
CarvaSseis OF DutcIcs County authenchaH,i p T
so a. to enttc them to filed and considered by me
Board Of state CanyasSer, a" p,r guy H"ntT Can
vassers OF Duele,S County. upon wmch the eVt'e
Bo& o. fo he cncd Myod return was
under the pIcpy dere anT ana ro" in
determining the result Of The election III Dulchesss
County and my advice was sustained in tins rsslcc'
State Boald Of Canvassers Al STATE Reporter 9l3,
the Court using this emphatic language In ms case
certify and authenticate the statements were valid
and the proceedings by which they We're sent 70 ara
officers were sufficient to cp Get. then TO DC G as aPa
properly certified result OF the canvass Of the Board OF
Fifth Whether, after the stipulation referred TO-
the REALTORS could properly procure new return IRON
Dutcess County and transmit IL 10 the Board OF state
lore The Court of Appeals hal rendered decision
provided for by the terms oil the stipulation
BLAMING THE REALTORS.
| advised that pending the decision of the Court OF
Appeals return could properly be sent up, ana
none should be received by the Board OF State Can
vassers that REALTORS and the Board OF State Can
vassers were bound by that stipulation and neither
could violate it, that by its terms the Board OF state
CanvasscIs prohibited from acung upon uie re
turns then in their possesson until the decision OF
the Court of APPEALS ana were e oo o ih 10 re
Of election in accordance with the decision OF that
Alter the stipulation was made 1t discovered
that the REALTORS through attorneys other than the
To- secure the transmission Of another from the
Board Of County Canvassers OF Dutehess Sonnty, ana
days. II seemed to receive It's stimulus when 1t was
upon the oral pae oi Sne resp
to the MylOd return was utterly nntenaDie c Inc
ernor, secretary Of State Controller as TO what
course should be pursued by them in another re-
turn was transmitted them by the County Clerk OF
duchess County This question received the most
careful consideration and elaborate examination,
especially with respect TO the rights OF the parties
under the stiplla ion referred to. reached the con
cu,on and advised the State officers that they ought
TO receive file any such statement peholne tnS
Determination the In the Court OF Appeals ana
that If the attempt was made TO transmit any s SuG
statement 1t should be returned by the state oinccI9
to the County Clerk of DutcLess County, Win sIdc
ment Of their reasons for so dos %e Term Of the
Third Department. which was the Only bl1ncn VI , .T
aciion in ills respect as was subsequently decided
BY the Court of appeals n Doth 'ne NN'' anu
| did not rely upon my own judgment in giving
this advice, nor upon the advice Of my associate
tie same opinion. but we consulted upon this point
the eminent counsel who had been employed TO as
ion f. X. Gilbert. formerly Justice OF the 81,
preme Court the Hon AI s iste nDS te Hon.
J. Newton Fcro, president of the state Bar AS'o-
eaon each one Of n whom a a1a mE Sa 'pre ire
Officers ought not, and could not properly receI.e
ann further returns from that county, pending the
Of tbs occurred before December II, lo0l. But But
ihe question Is longer "a matter resting upon Inc
opinion of attorneys; it Is adjudicaia ~
Oh the sd day Of December, 1891, an appica,
Court, sitting in Albany for order requiring the
perempiory nlndamus should not Issue commanding
ihe County Clerk TO retain IN ms o ANY pS,cbes
County excepting the one attested by Johh - NY
lOd, secretary pro tenl, ana 10 refrain ioin u..,s
or attempting u file any such retuD with the State
BOARD of CaVassers, the order meanwhile restraining
the County Clerk from filing or attempting 10
file any such return with the state Board
This O. Ter 10 show cause was granted upon
the lie ground that Under the supula
ZION All on account Of the tendency OF the IN
The Court of Appeals the County Cerk could not law
IN liz transmit any such returns.
The learned fudge who grantc9.the order 10 show
cause made most careful e>ainuAton OF Inc qucsuol
before granting ii; and again. when the order was re-
turnsble before HIM on December 20 and 80 and made
a final order that pc'emptOry writ al mihdii'nuS
issue 10 the County Clerk. commanding ana requiring
him 10 retain In his possession such returns. ana
81 refrain from filing or attempting TO He any re-
turns In his possession with the state Board or any
member thereof, which order has not been appealed
from All the papers relating thereto on file IN the