New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-18
THE STEAL IN THE COURTS
A PLAIN ANALYSIS OF THE COURT OF
APPEALS DECISION IN EACH OF
THE SENATE CONTESTS.

TWO CASES WERE DECIDED FOR THE REPUB'
1IcANs UNANIMOUSLY, ONE BY VOTE OF
FOUR TO THREE FOR THE DEMOCRATS
AND IN THE FOURTH THE COURT
SAID THE REPUBLICANS WE'RE
RIGHT But DECLARED BY
VOTE OF FIVE TO
TWO TO GIVE THE
FULL RELIEF
DEMANDED.
,sr,rv CORRESPONDENT OF THE TRIBUNE
A,har, March lit was on Friday, Dtcen
=, .hot tho Court of Appeals assemble" IA
s,lordid oak lined chamber IL the O"pi00' '1,
;n 90 Istcn 10 the arguments OF 'ile ''" =;
oorrseI retained by tie two poll'ica. p"
tho matter of the conspiracy 10 sleai ~, ~. 81.
So. The scene was distinguished Wy
.D~aoo,,oo of treat audience in when "eie 49,,
rf1,Soa many nromnent public men anu "1''1t
Tho entire court was present
Iudge Ringer. pale and i'll, ana alred'S IA oho,r
90 ,ba shadow of death sat IN 'he si'"' ~" :1.o
40. marked his distinction as tie pi'o'e Is
Or either hand were Judge flnch ou"se and
Irdoe Earl. Judge Peckhau'' juicy tar local
Jpdre OBrien most OF theni eiDi" and con
- politically. tie Court is srohelS II
,,dcos Finch and Andrews being 'iio ''-'
,'.l,ioor members The Republican,
.oo;oIl,, wore men of great reputation :.,a,
r., - Nr Choate of Newly Ork. Wlio A''
No.,. noint in the controversy the d"
- ~. toen and discriminating mlhu' - -.
,'.a 81 Rochester. one of the aDeS1 OIL ,' o.
:, tbo Aor in Northern New-lorN' f"e'S V'O ss
.,I;oon candidate for Attolney-"ener"'
ia.na 9TH tho duty Of opening the hep"oii'"r
.oaa Mr. Hale. OF Albany Mr.. Nottingham, w.
S,,rocrs.. Mr.. George Bliss, of New ioth -'-
parkhprst of Bath, and Judge Caoy, "a i, w't
and Mr. Ingalsbe, of Troy, cOmpie'' Wv ,,s,
1ican contingent. The Democratic ia"Sei'' ~ -
le admitted, were decidedly iuieiioi ~ Mr.
,a,.nt and expcrience we'll as IN nun'oeI' W.
.,,'ana occnnied the chief position, ana WIN
,.a' aro associated Delos McCurdy, Mr. keiios' o'
rAn,,ond and MIR. Cannon, of Syracuse.
THE ARGUMENTS OF COUNSEL"
NJ ,,oCurdv opened the case in behalf OF 'ne
Democrats His argument was pold' ne ''A'0'
attempted to disguise the character VI ''ie -
was there to defend. Admitting thaV INC Do1
UNITY Cauyassers Of Dutchess County nu" Gu
nittcd 10 the State canvassers return roi I
,,otes cast for State Senator IN the AVN
,b;ch WAS not q true arthlneucal s'a'e"e y
ro+nrns as furnished by the district n'sp0 "a
nil oh OF
tha, the function OF canvassers was quasi
;udicial; that they were enVi'ieu " ,ton ,h.,,
-, of ind,ment upon returns, 10 say whe'n'i '.'
- t1s. or true to say whether they were '"ii"
" -, ~ void and indeed, TO make OIL an eleo.ioH
-. rac;selv that which the voters Iheni'e'' %
,od ,nada If it. but whatever III the opihion -
tho canvassing board should seem " e Vn0
rosnlt Mr. McCurdy had TO say these tli'heo 20
IA had IN be thrown out OF courI. AHe
loards of county canvaseers TO "hosc aO' ~
nd 20 supply legal validity before 1he cou'o no.
olt.red returns, transposcd the hsues u W, :"
thrown out ballots, and adopted resoiu.i
reaching such statements of the VOTES cae' "' VIZ
osi,ivelv had TO make whenever those o'"
~ ,beir face elected the RepuDnoan u" =
Nv McCurdy took the bull by the horns ',e 81
,hese things were all right ana he oe'enueu 49,
w. 10 Genera, ground that Republicans "e'e si'"'
on VIZ "a ,bat unless honest Democrats were per
"a On do these things and the like the liDei
rho neople would be overtEro"n "n'
u'' - rrder the feet of corrupuonislS anu
oii'e rIAsrTo VIEWS OF THE LAW -, :,
,,-nard undertook TO be adrolt. lie "e
voted himself to techmcahtes' anu ia aa IN
serted that the Mylod ceruilca'e was 90
- - !, was truthful in fact when Ieih'p'
uas true enough, since 1t was hei'n'i' -
t.rce ~ the Mylod certificate, OF ra'nel ~ =.
,oirnment of the Republican Couh'S Ne'"
Drtcbess who had refused 70 a.oesO ~ ~
,,ound that il was false and 1rauu 'eh'' i'4
NJ MAYNARD to contradict his coilea.ue ~ o =
WI 49,, norticular. Whereas Mr.. McCurdy nao
asserted that the boards OF county -,
o.. 1ou,tullv adiudge the character Of return
n,is"V ,r1 Mold that this was the exclusive
N'' 80 Tho courts Mr.. Maynard was cVi
no
80. IN allow canvassers to fix up returns a.
r,.ooed their taste and fancy. IT mlgh1 thiiin II
I,. COW IN give the County Clerks similar
80, This would be fatal; wherefore one oi
,ho democratic counsel was required oS '"' 80.
cencies OF his case 10 attack the courVS
function and the other to defend H.
Tur REPUBLICAN CONTENTION
NJ Sutherland. opening for the RepnoicahA
laid down the broad proposition AMI iorti'e' A. -
. long line OF judicial decisions, lnclhaiD. '''
rendered by the very court he was aouie''''NS
that canvassin2 boards, whether HunIc'pi
&C. had no other duty 10 perform than u
add and subtract and declare the results VI va.
nrocsss unon the figures as supplied to them o'
.Iao.,an district inspectors He held That Il
COO. AGAINST law and against public policy to al
,o,v any ministerial body selected for the purpoS
:, ascertaininQ and declaring the peoples VII
90 e,ercise any judgment whatever upoi
.ho validity Of the figures with Wnic'
49, had TO deal. lie thought IL pih'
49,. ,vbcp elections were made TO depend no
upop the figures as made out at the scVerai po,N
NV hundreds Of different election boards VINO coui'
nv no possibility work in COLLISION or even kno'
u,bat one another doing, but on the luos'nen
nd pleasure Of a central canvassinG body whici
had all these returns before them and might !
50 empowered, create thousand excuses ]au 10
changing the figures. there would be no 'e'u.a..
whatever for an honest result. These views WEI,
.mn,iaed and reinforced by The kepuollc'n a.
,orneys who succeeded Mr.. Sutherland anu
gor.d tie closest attention of the Oo"r'.
CASyAssING BOARDS AEE MERE MAO"iN'''
On December 90 the decisions were "'ue.r'
.nd eleven opinions were handed down oy w