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

so, and his presence therefore afforded safe ana con
venient medium for their return But they would nave
been returned if he mad not then come 10 Mb'hy'
THE POOR BULLDOZED CLERK.
AT about 80 in the morning OF December - Mr.
Emans the clerk called upon me at the house with
letter OF Introduction from Mr. lnchlcy TO the GOV
emor saying that Mr.. Emans was satisfied he hah made
grave mistake In mailing the new returns ard That
he wished TO do whatever he could to rcili' H. ana
desired to take oack the returns II he might be per
nlitted to do 50. / walked down the street with hin
and he tod me he had been inundated ana buiIuottu
by the counsel for the REALTORS into mailing the papers
Cullen to Onward the returns forthwith and iod
him that that meant that very hour
constrained 10 yield to their compulsion ana mailed
the papers but that he wished to lie allowed TO t'he
could do so that it would have mad, no difference
whether he came up or not for The papers would have
been sent back TO him, but as he was here lc cOud
take them back himself.
We had at that tlme reached the entrance To the
mailed mailed to e the ' c c ~ Told lin the Controller
WAS not In town, and there wac no one here VINO c0uh
he might go to the Executive Chamber and secretary
OF States ONCE and would over 10 the Controllers
Controllers ONCE and found cler, who had charge
OF the Controllers mail engaged In opening II. /
from poighkeepsic. lie looked The letters over and
fonnd ore. and ONLY one. told him that II W.
then the Capitol and said he had sent It by
mist AXE and wanted 10 take II back and that II was
right lie should Do ana would take II over Tor
him. and if it was the one sent by the CLERK woulI
deliver IL TO him. II not, would have IL returned to
and found &r Emans in the secretary OF states ofcs
with Judge Rice ! handed him the envelope In
letter he wanted. lie said 1t WIS, and l gave it TO
him.
CAUTIONED TO DE FRANK ABOUT IT
lie said he already had he letter, which hal been sent
to the Governor and Secretary OF state and asked
what he should do with them after lie got back 10
his Office told him he had better put them in hi,
Office safe and carefully preserve them. | also told
him not 10 hesitate to say that he had taken them back
and had them In his possession and 10 give the reason,
why.
soon after saw in the public prints statement
purpOting u come from Mr.. Emans TO the ctcrt that
he had got the returns back because ne had been
trckcd and deceived into sending them In the INST
What did in this matter ! did as the attorney aud
representative Of the Controller and 1 had lui
authority to act for him in all such matters and b.
understood IL, Will fully appear from his STATE
ment hereto appended.
TO the stipulation and the pending poceedine u'der IL
the County Clerk was cnlOncd from forwarding copies
OF any new statement Of me canvas, by an order
granted by Mr.. Jastic" FGr'nan, December H. l7Jl
which directed the clerk not 10 transmit any such
the court This order al'o contained al order 10 show
cause. returnaLle at the DrOoklyn special Term
Dse%Ser o w an writ Of a.da @pe an g
Board VI County Canyasscss should not be- stayed,
pending appeal from such order. 1t under tbs
order TO show that the matter came on before
Judge Cullen, and In winch be made the order n,
curing the cltrK forward the statement forthwith
fhe venue Of the proceeding in Duchess County.
and all orders had 10 be entered there which required
entry. Judge Fursman'- injunction order WIS thedc-
fore in force until the fling and entry OF Judge Cucns
order in the County Clerks Office at Poughnecpse.
This did not until AT least O'Clock on Tuesday
| morning December o.. The attempt to file IN" order
at As O'Clock on the afternoon of December II Wa,
not a filing and entry Of The order upon that day The
clerks Office could be open be legally held open
for the transaction Of public business after O'Clock
on that day. a Il. 81 eighth edition. page 40 section
ID France ag Hamilton, PC How. leJ: Hathaway
agt. Showe 81 y. V, 81; Devlin ayt. Mayor Daley,
| 1917
All papers filed or entered after p M. Of that day
must be deemed 10 have been filed and entered at o
a. m. the next day.
II Is scarcely necessary 10 refer TO authorities 10
sustain the proposition that. where order enjOlns
or stays person until the further order NJ The court
I'm the premises that such stay continues I'm force until