New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-19

OF the 'h Gay OF December following. requiring said
state Board to show on the return dav ,vbx
writ OF randamuS Should not issue TO compel item 10
| disregard the MylOd rturn.o On the next dav G)c
cember u Judge Edwards granted another oricr IN
| proceeding against both the Dutchess Comfy Roard
and the State Board staying proceedings on the part Of
both OF said boards with reference 10 the Dntc,css
county return ana requiring the County Board TO show
| cause before Judge Barnard at POughkecpsie on the
| 9th why writ OF mandamus should not be issued re-
qurng said County Board make ano her and correct
statement Of the canvass for senator. The eators
in both cases We're William G. Daley and John l. Piat
the Republican candidate having died while the County
Board was engaged in perfecng It's plans for deraud
Ing him OF the Office to which he had been legally
elected.
The proceeding before Judge Barnard the main
proceeding ITS object having been to compel the county
| canvassers TO correct the wrong they had done and
make new return that should conform to the law and
! the mcts II resulted In writ of mandamus granted
by Judge Barnard and in compliance with the require
ments of that writ, the county canyassers made
other statement Of the canvass, which, taken with the
statements from the other counties. would have certified
TO the election Of the Republican candidate An appeal
was taken from the order granting the writ but ii was
very soon abandoned Indeed. there possible
gV'ia upon Wihoh an appeal could have been success
The law bearnS upon them firmly settled by numcr-
GUS ueCsVr r Oh the supreme Court and the Court Of
Appeals the now statement OF canvass was filed in
the Dutchess County Clerks Office December o, ana II
ID
GopeS ot de return TO Albany for the of IA state
Loaiu OF oanvassers The new return when thus for
turn The proceeding before 81 n n Tdxars wa in
sIH u tr one before Judge Barnard, and was begun
vasdng the Mylod rturn,' and recurring them 10
unn'1ss tSe t,e return The argument in that
Pun gay OF December and concluded the 9Th. When
Im ARGUMENT mad proceeded at considerable length
under which the questions I'm that case and in the
Diner contested election cases then pending with refer
10 ! necIslon OF the Court OF Appeals. The suggestion
I i WI WIZ approval and stipulation Of which The fol
w 'he counsel for the various parties In interest
THE STIPULATION BETWEEN TIE COUNSEL.
supreme Court, Albany County In TIE matter Of
The application Of the people OF the state Of New
York, on the relation of Franklin d. Sherwood for y
inandamus, against Frank Rice AS Secretary Of state
IN the matter of the application OF the people Of
the State of New-York. the relation Of Franklin d.
Sherwood. for mandamus. against Frank Rice as
secretary Of State: Edward Wemple as Controller OF
the state; Elliot F. Danforth. treasurer: Charles f.
Tabor, Attorney General, John Bogart a, state
Engineer and surveyor, composing the state Board Of
Canvassers.
The people Of the State of New-Yolk. on the rela
ton OF William G. Daley and John l. Patt against tho
Eoard Of State CanvlSserS Of the state Of New York
ana FRANK Rice, secretary Of state; Edward Wcmplc
Controller; Charles Z. Tabor Attorney General Elliot
f. Eenforth, Treasurer and John Bogart, state In
> Of
them
In the mater of the application of Rufus r. Peck
for writ Of mandamus against the Board Of State
Canvassers.
In the matter Of the application Of John II. Derby
Tor "nt OF mandarnus against the Board Of State
1t is hereby stipulated in each Of the above en-.
Titled proceedings, that an appeal snail be Immediately
taken from each Of The orders granted therein at the
1871 aud inferred In Albany County Clerks Office
december :, loDl; that the REALTORS therein viii
he am nd them
50 that the appeals shall be submitted TO the General
Term, now being held in the lid Department, on
Tue sday, December that the respondents, upon such
appeal will accept notice Of argument 'erroi for that
Gay ana unite WIN the appellants In request 70 The
for lhat day and Immediately hear and decide such
Immediately appeal 10 the Court Of Appeals the
prevailing party shall accept short notice Of argument
pellants In request the Court place the appeals
upon the present calendar and hear them upon some
day to be liked by the Court therefor early prac
ucabe and that the proceedings OF the state Board Of
osnvasser reaiing 70 the cyH,a' Of y1tes for zen
aOral Districts be suspended until the decision Of the
Court Of Appeals upon such appeal providing such
such canvass shall be completed and the certihcatcs Of
state Board Of Canvaser~ accordance with the de
eison Of the Court of APPcaS IN tee'e casrS IT. 80
with the decision of the Court Of Appeals in this and
other Appeals ,,
state Board Of Canvasses. and Frank Rice. Secretary
Of state: -
William Nottingham. attorney for Rufus T. Peck
Matthew Hale. Of counsel for REALTORS Daley ana
Plat and Derby, and all other relatCr,'
The case against the county sanvas,er- which hai
already been determined by Judge Barnard was not
embraced in the stipulation.
MANDAMUs AGAINST THE STATE BOARD.
Thereupou tie following order made IN the case
against the State Board
AIT a Special Term Of The Supreme Court. held al
the City Hall in the city Of Albany the 9Th day Of
Justice:
"In the matter Of the application Of william G.
Daley and John l. Plat for a mnndauus against the
state Board Of Canvaesers Of the state Of New-iorh
and Frank Rice, a. Secretary Of state. Edward Wcmpie
a. Controller Of the State Elliot f. Daniorh rs State
Treasurer: Charles +. Tabor Attorney General, AID
John Bcgart, AZ state Engineer and surveyor as mem
bers thereof and each Of them. This ca-e, coming on
upon the order TO show herein. granted a, special
Term, dated the :0th day Of November, l50l, aud
returnablc special Term held in the city II lluds III
OH the 18th day Of December, 1891, and having been
duly adjourned by the consent Of all parties to this
term now, on reading the ahdavits Of Charles T.
Cossum William c. Daley John /. Pitt and Edgar L.
Murlin referred In the said order to show cause
and the aidayits Of Frank Rice and John j. Mylod on
~. p - / f. Parklurst verified this day which
being objected 10 by counsel for said state Board Inc
court decides 1t las no power 10 receive "hcn 50
On moion of Cady and lloysrndt, attorneys for
rflafOIs, GlUT W "a Hnd,
! F. parlhurs and Engene Burlingamc. Of counsel
Tor realtors. and II. MAYNARD and Delos McCurdy.
of counsel for Tie said State Board OF lHvassers IN
oppo.itOn thereto.
II IS ordered that writ Of IeIcDptOry mandnnns
issue ont and under the seal OF tbs court command
ING and requiring The state Board of CnVds-oIs that
thev issue certificate Of election 30 the Office Of
senator In the XVIII senatorial District Of tbs Slate,
dslcgadlng the sOcnlled return OF the hoard Of Count,
Cnnva, or, Of the county q Duc"ss. Which is signed
Nv Iohn Mylcd. secretary Of said board pro emp0re
ana is not Agnc1 by the County Iler' Of D9iches.
Cnnuty o. certified under IN" seal Of aid County
CscrK iut ha', instead thereof. they consider only
n, ,..t,.rr from The county ~ Dmtch0s NAV here
oUer he fled containing he signatures Of the County
Clerk Of the county Of Dn,eess ana ne chairman Of
the sc9i Of sad County cIsrk. and that IN tn@r
oocuNc,te of election tie sisd stat Board OF Gnu
.s,'sre certify and declare that The pcron who
ef refuf nd ~ Mt