New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-12-31
MAYNARD REAPPOlNTED.
HIS Juggling WITH THE DUCHESS
COUNTY RETURNS AGAIN REWARDED.

PLACE ON THE COURT OF APPEALS BENCH
NOW OCCUPIED By JUDGE ANDREWS
CLEVELAND SENATORS not LIKELY
TO OPPOSE HIS CONFIRMATION.
Albany. Dec 30" This Is a reform administrator
said Governor Flower this afternoon 70 severn, h'"
poners correspondents who had called upon MIN I'd
learn some particulars OF his coming ahhu'i nos
10 the legislature; and then Mr. Flower ii'ustr''o-
WILDLY the reform plan Of his administrator W
announcing that he had signed the commission Oh
Isaac II. Maynard, reappointng him as 'uoss o. No
Court OF Appeals In the face Of the solemn oecfaaA
OF the Bar Association Of New-fork CITY ana Oh 'os
chief lawyers Of Buffalo that they believe MI hayna'a
stole the election returns Duchess County year
ago.
Mr. Flower has thus rewarded the man by eappont
ing him TO place In the highest courS OF he s'ae' M
Flower could not say ne could year ago "hen no
originally appointed Mr.. Maynard as mer OF tno
Court OF Appeals, that he was unaware OF HsyiAfue
character That appointment made on January
10 1902 and II was not until February that the
fact was disclosed by Joseph Allen, the messenger Of
Controller Wemple, that Mr.. Maynard was the man
who stole the Duchess County returns In the pre-
cedIng December. Owing to that theft Democrduc
senate was counted n'; and this SAME senate con-
armed Mr.. Maynard as a Judge Of the Court OF Ap
pcals. Mr.. Maynard was thus a beneficiary OF MS
theft OF the election returns. Once more he Is 10
Senate which a year ago confirmed him will have ue
chance OF confirming him again the coming year.
Governor Flower after signing Judge Maynaras
commission said: a. have reapponted Judge May
nard because he has made a good Judge. think he
an honest and fine lawyer, and 10 my op'in'S'
the people will approve Of the appointment
1t Is suspected that Mr.. Flower appointed ME- "sJ
nard now in order to make II "reotss appointment
A man retains such place until his successor ~
pointed, even II he Is not confirmed py Tue oen
IL might happen that two Cleveland senators "0"i~
vote against Mr.. Maynards confirmation but s'e"
under these sad Maynard couio noio w
to his place in the Court Of Appeals unless Governor
Flower should afterward nominate to the post some
other man who should be confirmed by the Sehas0'
But there is no hope INDUCED by any one 'na' '"'
Cleveland SENATOR will vote against Mayha'us W"
lrmation They all know that they owe their posi-
ton Of power In the Senate to Maynards inert OF tn'
Dutcbess Comfy rot RS One Of them. Senator
Walker who has bavled loudly for Cleveland, had
l. 700 less votes than Franklin D. Sherwood his Ke
publcan opponent. Another John A. NICHOLS mao
$50 less votes than Rufus I. PECK, MS 'hepuoican
opponsnt; and OSBORNE the third Cleveland Dcinoca'
WHO was "counted inn had so votes less than EA
bert Deane, his Republican, opponent. Men VINO
thus are holding their places In the state senate wln
cut the Of the voters of their districts cannot
be expected to be squenmlsh about putting In the
highest court Of the state man who stole election
returns.
There Is little doubt therefore. In the minds Of the
members Of the Legislature that Mr. Maynard VIII %
confirmed as Judge. He will take the place made
vacant BY the election Of Charles Andrews, now an
Associate Judge, as Chief Judge. Mr.. Andrews De-
comes Chief Judge on Monday Mr.. Maynard Is now
holding tie place as Associate Judge OF Robert Earl,
who has been acting Chief Judge since William e.
Ruger's death. Now Judge Earl Will resume his od
place as Associate Justice. Dut Judge Eans term
expires IN December, by reason OF age and Governor
Flower and his advisers propose to run Mr. Maynard
then for Earl's vacant plnoe. Mr. Maynard VIII then
first before the voters OF the state for their
approval or dlsapproval. He Will head the Demo-
atc State ticket. Engineer schenck, who
Is engaged IN turning out Of Office the Cleveland Demo
Gratis who are Under hun, Will be the tail OF the
ticket" The other Democratic state officers who
sure Of denomination, Controller Campbell ana At
t1rney-Qeneral ROsendale, said to be rather a.
prehesive OF the result and, they could would run
On a separate ticket.