New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-02-22
THE SENATE STEAL.
HOW IT WAS MANAGED IN THE SHERWOOD
WALKER CASE.

LABOR COMMISSIONER PECK COMES UP FROM
HoRNELLsvILLE ON THE MORNING OF THE
CANvAssERs' MEETING WITH A SIT OF TYPE
WRITTEN RESOLUTIONS IN HIS POCKET
AND CONTROLLER CAMPBELL PUTS
THEM THROUGH THE BOARD AT
THE CRACK OF THE PARTY LASH.
tynoM STAFF CORRESPONDENT OF THE 1RIBuxFJ
Bath, n. V, Feb. 2l.-When David b. Hill
started TO steal the State Senate by ma
nipulating county and State boards of cam
vassers. he was not without experience. The
wear before, under his personal direction, Colonel
Noycs's seat in Congress had been stolen by pre-
cisely the same means that were employed in 1891
in the XVIII, with, XXVth and XXNllth Senate
districts 1t is worth while to briefly over
the facts of the Moves case for they bear directly
and with much significance upon the theft of the
Senate. Colonel Noyes's Congress district con-
tans Hills own county of Chemung, ana the cleo
ton came more directly than was the case
elsewhere, under Hills supervision. Every poti-
clan in the entire district matter how worthless
or contemplate. was personally known 10 Hill (,
and almost every political worker of his own party
was under obligation to him. The wires were en-
feat, but in the end he received a small majority.
In two of the counties, Chemung and Seneca, Hill
had Democratic Boards of Supervisors whom he
could absolutely command, and acting precisely as
similar boards have recently done, they threw out
enough Republican votes technical points ana
improved facts to secure Mr.. Rockwell, the Demo-
cratic candidate, majority in the district. ME-
w. A. Sutherland, of Rochester. recently the Re-
publican candidate for Acknowledgement, and a
leading counsel in the Senate cases of this year,
was employed by Colonel Moves to right the wrong
Hills canvassers had done him. Mr.. Sutherland
secured from the courts, after a full presentation
of the facts, and after arguments by both sldes,
two decisions, one issued December l, commanding
the Seneca canvaSsers, the other issued December
4, commanding the Chemung canvassers to recol.-
vene and count the election returns from their
face as sent in by the district inspectors These
decisions elected Colonel Moves.
The State Board of Canvassers is required by
law TO meet on or before December lj' 1t was
their function to the returns sent up from
each of the counties in the Congress district and
award a certificate of election 70 that candidate who
had received the greatest number of votes. The
decisions of Judges Davy and Smith, holding that
Moves was elected, decisions afterward affirmed
by the Court of Appeals, were rendered upon dates
perilously the time when the State Board must
act. The Republicans however, had already CON
suited with Frank Rice, the Secretary of State,
whose duty it was to summon the Board together.
Rice told them distinctly that he had directed his
deputy to issue call for the Board TO meet on
Thursday December IL. This understanding
was also received by the Democrats, for Rockwell $
counsel Mr.. Stanchfied December A, told a
reporter Of The Emira Telegram that the State
Canvassers were :" to meet next week" In mis-
I'D leo
said that the State Canvassers were going to be
fair that they had no disposition TO do anything
hasty or partisan, and that they would cheerful'y
be guided by the action of the courts; and yet in
spite Of these assurances given by Frank Rice him
self man who, up TO that time, had been re-
garded throughout the State as of the most
honorable of its officials whose integrity had never
been questioned the State Canvassers sud
denly called together by his personal act on De-
cember 5, the day after the last decision was rem
eered confirming Mr.. Noyess title to his seat; and
On that day the certificate of election given
TO Mr.. Rockwell
II will be noticed how close the parallel is be-
tween this case in 800 and the Senate cases in
1891 Their similarity is rendered the more
striking by the fact that Judges Mayhem and
Fursnan, who in the Senate cases stayed ana
vacated, and in every other way delayed and de-
feated, the orders of Judges Edwards. Barnard
and Cullen, performed the same extraordinary
function in connection with the orders rendered
by Judges Davy and Smith for Colonel Noyess re-
lief Indeed, so active were these men in EN-
poying their judicial power to interfere with the
matured decisions of judges of coordinate juris-
dicton that while Mr.. Sutherland was arguing
before Judge Rumsey at Rochester motion 10
vacate the first stay, Mr. ROCKWELL who sat in
the courtroom and heard the argument, and
listened 10 the scaThing language which Judge
Rumsey used in vacatng this stay, had then. at
that very moment, in his pocket second stay
already granted ready 10 serve the moment the
first one was vacated The date Of this second
stay shows that it had been granted even before
the motion vacate the first one had been noticed
upon the opposite council. 1t may entertain
Judges Mayhem and Fursman, as certainly it
will edfy the people, TO read the language OF
Judge Osborne, AN old-tme Democrat, delivered
in the case of Sandeson against the canvassers Of
Greene County, a case in all essential respects
similar to the ones | am discussing Judge Os
borne was asked TO do precisely what Judges
Mayhem and Fursman asked 10 do, and
did stay the order of another Judge who had
commanded the inspectors of election to correct
their vrongdongs; but Judge Osborne, unlike
Judges Mayhem and Fursman, refused. and in re
fusing used these worCs: A stay pending the
appeal practically nulilies the order and the writ
under it. 1t is unlike ordinary appeal from
a Judgment directing the payment of money Oh
any usual appeal where such security may be re-
quired as TO prevent any possible injustice. The
order of Justice Westbrook was made after full
argument and many days given for dehberatlon
His reasons for the action taken by him are given
in "a carefully prepared opinion. To nullify II
now would be to establish a most disgracefu
iudpe IF
diction. which years ago existed TO some extent
and which brought the administration of justice
into ridicule and contempt