New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-02-19
STORM EMANS NOT GUILTY.
eIATE OFFICERS COMMITTED TIE CRIME
THE CONTEMPT PRocFEDINGs DISMISSED AND
TIE ZEAL nrFENpLRs NANln.

IHE NONIEMPT PEOITEDINNS b4--4i". ''
THE REAL OFFENDERS NAMED.
Judge Cullen In The supreme Court yesterday han1.'
down decision DENYING without cost, Inc motion u
punish Storm Emans County Cerl. OF Dutchc> CouiF'
for contempt Of court In failing 10 tsninit 10 INC
State Board Of Cnnvs,sers the corrected returns III
the contested elections case in his county. Ihe ue
cision exonerates Emans from blame or The ground
that he properly delivered the returns u ihe 9t4'c
officials and cNcOfatea them Tor returning U'eH ~
him. Judge Cullen holds that there va c'mp'",'
delivery of the retari-. but that hey Wcr NOT be- 'e
the State Board Of CInv-,ers because bJ me |'L''
Of Governor In. secretary OF state Rice ana judge
MAYNARD counsel ior COntrUi.e Nempic, the Ie'Nih'
were taken from the pdbl.c Offices where tli@y were
received and were given 20 Mr. Kmans:
The decision /, as follows:
The regularity Of these proceedings taken TO punish
for contempt storm Emans County Cfrh ana clcrh
of the Boart Of supervisors b, a~~tllcd ph tMo
peronaiy Served On the eek ana ths, it Is claimed
Is a conclusive answer TO these W Uhs,' i,n
which this claim Is based. Ine alndaNt u ossul
states that the respondent came into ihe cehs Oncc
few minutes after the order was hled III 'n" t o"e
and read the order. Tai, stattnent Is no dei, me-
This sufficient compliance with even tne r1sG
ard saw the original ORDER and the oider was Ei III
''' The serpnG ELECTION i. that tie aidavs upon
which tie order 10 show cause why the ie,ponuen,
defec1iv in that the venue /, laid IN Dutcless County
merely, aud the affidavit, are cerieG by "a o cn
we'll tounded tor an aidavit must show upon its face
that it taken within ne uoo1 Ti 1'I oin nn
other part OF the county than the city q IouehheepIe
d 6bS been TAKEN upon tc return Of The order
show cause. The proceedngS should nave Oeen NE a.,
,rspondent answered TO the merits evidence being
taken. / think ths waived The Eresuiaill; t
A proceeing ~ attachment bN ile cole an oils-
mai proceeding but order 10 show cause IN WnateNr
form made i, gyF ne s1@T GoI like c " wa Di Of
attachment. subject The pary TO Arrest without pre-
should be applied TO such an Application man 10 9y
motions In iuc action Inc oL' plc,-hi encGt ol ti1
defect If not On I'd. WOud pe that ,uch aiHiN', CVH
In the application, but II has been PROVED lI{ ,"
now claimed there r. no authority in law fOi lhc 'P
poinment Oi COmms,i lncTs Of Deeds III Poueiheel'
4OJ. is not in point. The act ~ lr40, 'hip,c -;
GleIs ia.%SH 4, H. ~ ~ a ,,".1; bower of AZ,
pointmcut to the common coundl- OF cites ana was
The o,,eI. for tie alleged violation II which Is
sought To puii-h The respondent. WI, mAd. ID ,'c
Sdes that the county Clerk sail deposit three certified
cope Of lrc Jg" e T Of Ste and Controller
~ ii Ur c @uN 81 Wv, ~ .tofowrnf> i,ceved by
him from County CLERK. and 10 obtain from Tie
Governor and Controller every snch S'Iined ty'Gt t
received by either a jHem ara ne lr.c 81 ,.,,i,n
nv the Cont Of Appeal, In People e> rel. DAILY y.
State Board of Carva.@rs intended 10 secure before
...tt,.. ,f fine Ia.
the etl'c tdl''~''.7 '-e ~! -" ,,,,.,t. th,
turns; me IeI "iE - III. .at" DO ,.., ~ Trans
deposit IN lne p'>t"Vt - "' .' m,',i g., r.ndcr
mission. and any actDn tahch DN nc zen ,,.T ~
such hieaiis Hrhc''uil "p"u 10 "a" - H.. c@urt
'ohicial duty any yoihIn 81 aNf Ii,o =, onotb4r
,ts 49, ,,o, ~ the time If mailing the returns
Xad oriei NAV d, ," of the ,iting If The order
tie tiV'n ~" ~, ~" ,r ~ ,lear inth from the tc,ti-
49, nv - Nr own AND The AFFIDAVIT of Fmas him
Irony M 9d N'I. ,ra, rd.r was merely 10 STAY
-, an1in,. ,,r,, The nan If The clerk IT
@ pg ~, t.t,. affirmative action TO undo
wy ny ~, a"n ,r i,etifv him I'm taking such
Wn' ""I pr ,to,ch tho AMY imnoscd on the clerk
lSctoI I"' -, "a ,ha o.,er ~ shs court wa,
iDotn DS lne s.H a gnu ,d, ,hot AZ some point hi,
70 ti'ts.il.' III, oso1 and ina, the Sbilitv
isS .t oi W. ma Tcvo,yeI i,non other officers
not uIo NtuI"n WV - r,r4 af,erword purloin
The person VINO wa V'erh , s, q" or"ncc Int il
tne run" "' NJ oo,drrf hui uersonal crime
wouu nTd t ,. Observation-Disclosures OF The collts ord.r
nor "ouiu ,,rd n',cm The ,rturus reached the
essvn pm ~ ,rp iv tho law and The courts mandate
$bav wore objected n o sent II appears that all the
cnn,oe Of The rqturns hyere received from the post
3D. a, ,onv v tho messengers of the three officers
unrd ,n1 ncSited I'm thc pubc offices of those Of
Isn,n,s Emoor oltancd The copv from the office Of
ittSe Secretary Of state in the presence Of the
secretary and hi express consent II would seem
Inpossibe to distinguish between the legal status ~
that return ana that Of IN, return OF any o'e,
then in the SecrtiirS ohce' ~ 70 une I.' ron