New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-04
A BOLD AND SHAMEFUL THEFT.
TIE STATE BOARDS ACTION on THE ORDER or
TUE COURT OF APPEALS N THE
pI-TCHFSS COUNTY CASE.

DITtHfNS coz y IL 'A'f'
Pouchkcr ps,c " y Jan 3.-Iohn l. Plat. one ~
the elato, IN the senatorial election ca" In the XVIII
District which was decided by the Court Of Appeals on
Tuesday last has given ont the following for pubicar
ton
To the Public: There has been much risunder-
Standing, II not misrepresentation about the Court ~
Appeal. decision in respect to this district that Rotor
cnce ~ The oscill record necessary matter Of JUS
tee. Tho Dutchcss County BOARD u Csnyas-"r, made
rturn which gave Mr. Osborne the Democratic candidate"
19i plurality An1 - him bv fourteen IN the t-'fir
Nv pacv ard myself. rca'or- applied to the cour;s
and by Judge Baruard's orie- corrected return "as
made which elected Dcane tho Republican candidate
While this pending Judge Edwards granted the 'o-
lowing order
at l. ordered hat writ Il poreuptory randamu. issue
one of the so1 " mi. cont. commanding and
requiring The said STATE Holid % csn,ascfs that they
issue election the oncc Of Senator Ia
the XVII Senatorial District - this STAT disr"RHalng
the so.cacd Of Tho Board Of County CanNascrs %
the County Of Du:,hcss ich signed b. John Nyiod
secretary Eoard pr oup,c and /. not sisn"d Joy
County Clerk ~ Dutchc. Comfy. certified under the
,cal Of aid County Clerk but that Instead cco they
consider only such from he county o. Duch's ~
nay hereafter filed containing The SIGNATURES u the
County CLERK Of the county Of Duhs and the chairman
said Po1ri OF County a.%"rs aud s-urf under '
sad County Coik. and that IN thor certificate u
cc ton the tad state Bod Of Cas,ser7 'e'tfy and de-"
lar, the r, WI" app upon tho 'etiL~i 20
and -,scurnts uaae by ue Board OF cancas'crs Of
the Of Columbia Putnam and Dutchc.,. ~ pur~u
ance of Tie statute the order oi the court 10 have
received the rfcae.t number Of VOTES duly elected
Senator from Tie said XVII senatorial District.
SAMUEL EDWARDS, Justice u supreme Court.
This was The order :ppcalol from. TIL, rrm'ttltur
from the Court OF Appcsls I'm the following words
1T /, ordered and aud-c1 that the order 81 tho
Specnl Term herein. dItd December = 1891. ana
She o,cr Of the General Term Affirming the sane.
dlrec/ng writ Of maudamus - issue and the SAID
writ it-clf be modified by stirling ont the provision
requiring a return f. be certified by and 10 come fIom
the County Clerk o. DuiccsS County and issued under
his seal. and that the SAID order. appealed from
a. modified hc Affirmed, without costs"
Applying this IT. the original order AMI striking
ont the provision referred to. leaves Tie order
affirmed to read a. follows:
IL is ordered that n writ Of p rrmpt0ry mand,mus
Issue out Of and under the seal Of this court, com.
mand!ng and requiring the said stat, Board Of Can
va-.crs Tat they isle certificate Of election Ia tho
Office senator In the Nv H. rcnatoria District ~ this
state disrcgarling the sOc:llcd Of the board
II Comfy Canvns,crs Of the county al Duchcss which
Is signed ~ John hylOd. secretary OF said Board
pro ten pore and Is slccd bv the County Clerk ~
butchcss ConntT or certified under tn seal Il said
County Clerk but that insend thereof hcy consid r
only such return fIOm the county Of DucheS, mny
hereafter be fled. and that IN this certificate " election
III said state Board Of Canvasscrs certify and derars
hat the pcr>n who appear, upon ih' certified r..
OF the counties Of Columbia. Putnam and
Dntohcss. In pursuance Of the statute and the order
~ the court have received the greatest number
u votes. duly elected senator from the SAID NNth
neret rial District
mis- Is the formal decision OF The Court OF Appeals
IL stands the Official record. II IS diricult t
SEQ how language could b. mo:' explicit. II cannot
possibly bear such construction as the state Board
Of Canvaescrs give H. ard their action In Nat
dsObeGience and defiance ~ IT,