New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-17
THE ERATDS IN TIE SENATE.

There was some frank plain talk in the Sem
at, Chamber at Albany on Tuesday AplOp0s
of the concurrent resolution amending the state
Constitution by rla'ing cOnested-clectlcn cases
in the hands Of the courts unreScryedy, Senator's
C'Connor and SaXtOn obtained the opportunity
TO eypress themselves upon the shameful frauds
by which Edward II. Osborne and Charles f..
Walker are holding seats in the Senate, and the
opIOrtunity was we'll improved. Osborne, the
fraud from the Duchess District, undertook TO
reply, and the first words he uttered were an
out-and-0ut falsahood. There is no use mincing
words with such a man ~ this. When he said
that he held his seat in accordance with the de-
cisicns e the courts he knew that he holds his
seat in downright defiance Of the mandate OF
the Court Of Appeals and Of every inferior court
before which his case Was brought. Judge Bar
nard decided against him. Judge Cullen de-
cded against him. Judge Edwards decided
against him. The General Terms at Brooklyn
and at Albany decided against him. And, final
~, the Court of Appeals affirming the man
damus order Of Judge Edwards commanded tho
State Canvassers that they must not count the
Nylod certificate, but must disregard it and must
instead canvass that true and valid return which
was sent them in pursuance OF law and OF The
courts order. What can this man Osborne
mean, standing before the people Of New-York
with one foot in the grave and telling what he
must know to be an explicit falsehood?
Walker. the other fraud, though his excuse
for being in the Senate has at least semblance
of substance about it, was much moIe modest.
But his remarks were not truthful. He said the
Court Of Appeals decided that Mr.. Sherwood his
opponent, who was elected by 1,762 majority
was ineligible. The Court of Appeals decided
nothing of the kind 1t didn't because it cou dnt.
1t did assert that Sherwood was ineligible, and
assigned that conclusion as its reason FOR not
giving him an order compelling the State Board
TO do its conceded duty. We shall not deny that
this was funny kind of decision. To say in
one breath that the County Canva~ers could not
lawfully adopt resolution as to Mr.. SherwOOd's
eligibility; that the State Canyassers could not
consider such resolution that neither OF those
bodies possessed any judicial function that their
duty was purely anthmeical and ministerial
or. in word. that they could lawfully do moth
irg except give Sherwood his certifcatc-and
then to remark in a sort Of incidental way that
the court would not mandamus them to do that
which il was bound to admit to be their plain
duty because, as Judge Finch expressed it in
his dissenting opinion, the court does not ZAP
prove'' of Sherwood, seems, in truth, queer law.
But queer as it seems, it gave Walker no title
10 the seat. On the contrary, it declared that
the State Boards duty was to make out a GER
tificate TO Sherwood
The Republican Senators owe it, not to their
party merely, but to the greatest of all causes
in this Republic, the cause of honest elections
70 dcnouncc these wretched steals Increasingly
and unsparingly. When the time has come that
a party in control of the machinery by which the
peoples will is declared can with IMMUNITY boast
that elections depend, not on the ballots as cast
but as the Canvassng Boards choose to count