The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1892-01-02
THOSE ELECTION CASES.
DERBY is THE ONLY REPUBLICAN
SENATOR DECLARED ELECTED.

The Court of Appeals and tho State Board
of Canvassers Proclaim Osborn and
Nichols, Dem, EIected-shorwood, Rep,
Ineligible because He Holds an once.
ALBANY, Dec. 3O.-The court of appeals
chamber was filed Tuesday with lawyers
politicians and state officers awaiting the
decisions in the election cases. Chairman
Edward Murphy, Of the state Democratic
committee.
The court met precisely at o'clock and
handed down the decisions. Judge May
nard took them, together with the opinions,
and proceeded before the canvassing board,
where he read them. The general under
standing of the decisions was as follows: In
the Sixteenth district Derby, Republican, is
to be given the certificate. In the Twenty.
fifth district John IT, Nichols, Democrat, is
to have the certificate.
In the Fifteenth district the Mylod Ger
tifcate is declared right as to form and as
to manner Of filing, but not as to face value.
The board of canvassers is to use its discre.
ion In the Twenty-seveuth district, Sher.
wood, Republican, Is declared ineligible, but
the state board is euioined that it has nc
power to go behind the face Of the returns
The only alternative given is new election
The Sherwood Case.
There are twelve opinions in the election
cases handed down and they are all lengthy
In the case of an order for a peremptory
mandamus to compel the state board of can
vassers TO return a certificate Of ineligibility
Of Franklin B. Sherwood as senator in the
Twenty-seventh district made by the county
board Of canvassers, Judge Earl says
''This is an extraordinary order. What
possible official duty did the secretary OF
state have to return to the county OF
Steuben the papers mentioned in the orderi
They did not belong to the county canvass
ers or the county clerk of Steuben county,
and were not official papers. And what
right did the relator have that they should
be returned!
'It is possible and quite probable that a
mandamus issued in pursuance Of this order
would do no harm. But as it can accom-.
plish no useful purpose and could be issued
only to compel the discharge Of official duty,
for fear that it may form a precedent,
think the orders of the special and general
terms should be reversed and the apphca.
ton for a mandamus denied
lHt luhbt blnb MUS lAAtAu iNAANl NbDNA " a.
an officer under the Hornellsville city gov.
ernment within the meaning of the consti.
tntion and therefore not eligible to accept
the office of senator while he held the office
of park commissioner.
Judge Earl does not believe that the court
ought to grant mandamus to compel the
issuing Of a certificate of election to one who
has no right under the constitution to the
office, but the senate itself when it meets
can determine whether or not Sherwood
was elegible and elected. The court simply
determines that it will not aid him, and in
making such determination it in no way in
fringes upon the jurisdiction conhded to the
state. 1t simply exercises a jurisdiction
which he has invoked.
a New Election Possible.
Judge Earl decided that none of the OH.
GERS clothed with the duty to canvass votes
derive any power in a case like this to pass
upon the eligibility of candidates and to dis
regard votes cast for an ineligible candidate
The action or nonactiOn of the canvassert
may be an obstacle in SheTwood's way, but
the court will not by mandamus, where the
facts showing his ineligibility are undis
| puted, assist him in removing the obstacle
| If the senate shall agree that Sherwood is
ineligible and find that his competitor wa'
not elected, the result will be that new
| election will have to be ordered.
The next most important decision is il
the case of the Dutchess county returns
where the judges, as body, decide that the
Mylod certificate is properly filed and may
| be used by the board, but depreciates it
merits as an honest return.
The court declares that a county clerk'
| duties are purely ministerial, and that h'
cannot refuse to certify because the county
canvassers throw out votes.
In the case of Nichols Democrat, agains
Peck, Republican, in the twenty-fifth dis
trict, the court, in opinions written b!
Judges Ruger, Gray and O'Brien, and dis
sented from by Judges Pecl1ham and An
drews, decides that the inspector canno
lawfully count ballots found in the box
which it was their duty to refuse when of
fered by the elector,
Last evening the state board of canvass
ers declared Osborn, Democrat, elected il
the Fifteenth senatorial district; Derby
| Republican, elected in the Sixteenth, ant
| Nichols, Democrat, elected in the Twenty
fifth. The Twenty-seventh senatorial dis
trict result was left to be determined by tn
senate These decisions make the senat
| Democratic.
The senate will now stand upon organiza
ton sixteen Democrats, fifteen Republican
and one vacant seat to be settled by tn
senate. Even if the senate, in the face q
the decision against Sherwood's eligibillt,
by the court of appeals, seats him the Demc
Gratis will have the casting vote through tn
lieutenant governor.