New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-23

legal proceedings which had been taken against inc
state Board of Canvassers. in respect TO the several
disputed election cases, he retained and employed
to represent that Board and It's individual members as
their attorney and counsel and that, as such attorney
and counsel after consultation with them, and by
their authority, he entered into stipulation with
the attorneys and counsel representing tho REALTORS
IN the various proceedings TO the effect that the action
Of the state Board In canvassing the return In the
disputed cases should be suspended, until the final
decision by the Court Of Appeals should be had upon
contemplated appeals In the proceedings referred 10
and that then The Board of State Canyassers should
proceed and complete the canvass OF the returns In
accordance with the decision which should be made
by that court He further asserts that this stipulation
recurring that the CANVASS by the state Board should
proceed upon the basis Of such returns only ms were
ments should in any Of the disputed cases be sent
to or received by the State Board OF Canvasscrs lie
mission of the Corrected return by the County Clerk
OF Dutchess County, II was Determined upon ms au
vice 10 at once SEND BACK the siu returns VII" al
Assuming for the moment that this stipulation thus
hereinafter set forth Is open TO the inicrTretaton,
thus placed upon It by him, your COMMITTEES caun0,
be seriously maintained BY public onicer holding
place in our highest judicial tribunal be tr7,e.
nareemcnt with private individuals who have instituted
sns against it. to directly suspend ne operation %,
tho Agreement or acquiesccnce OF the REALTORS In these
proceedings, their counsel could give any aumyr
IN
they did otherwise have the proposition amounts
10 this: That the members OF the Satc Boain vi
CanvasSers have authority, whenever In tler luuB
mont a * expedient 20 refuse 10 receive ana 10 h
mon those solemn legal evidences or thc popular
Win as expressed ut elections. which the law lmpcih-
lively requires them TO receive and act upon.
SUMMARY CONDEMNATION DESERVED.
In the view of your committee, argument designed
10 formally refute such proposition Is micmp"yeu
1t deserves summary condemnation
Bnt IS the statement Of Judge Maynard That n supn
Iaon of this extraordinary character was MADE cor
rect ,-,.-.,-.,. e.. o.t,tor
that II j. not. , 49,, r.. ~,
J In the first place, the stipulation Itself does mol
bv lis terms purpOrt to have any such cHcct or III
tcntIon an intention TO make nm agreement 50 cN
cent unon the rost indubitabc evidence The follow
~ r. "a conv Of The stipulation. and II Is apparent tlh
nnthInr i contained I'm il which looks toward pre-
,.entn, fine legal correction OF any statement OF tl'
results of an election which had been tfahshtten u
the Board OF State Canvassers:
Supreme Court Albany County
In the matter Of the Application Of the People OF tho
wood for mandamus against Frank Rice, Secretary Of
State.
In the matter OF the application Of the People Of The
State Of New.York on relation OF franklin d. Sher
wood for a mandamus against Frank Rice, Secretary
~ stoto: Edward wemple. Controller Of the State
Elliot f. Danforth Treasurer Charles r. TABOR as Az
,orney General John Bogart, State Engineer alt
surveyor composing the State Board Of Canvassers.
The People Of State Of NewYork, on the relation o.
William c. Daley and John l. Plat, against the Board o.
State Canvassers Of the State OF NewforK ana frahf
| Rice Secretary OF State; Edward Wemple Controller
Charles f. Tabor, Attorney General; Elliot r. Dahiofh