New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-19

tereol, they consider only such return from the
county OF Dntcbos, > hereafter be fled
is a. follows:
The papers in substance allege that the BOARD
Of County C"Evas,crs Illegally canvassed tie result
OF the returns from the inspector, Of election IN me
whole county, and made up Its own canvds~ III OPP
two mere plurality to Osborne than BY the returns
OF the lnpcctpF he was entitled TO- and resulting III
an apparent plurality OF fourteen votes IN The StI;-
to@al District In favor Of Osborne. These aliesa-
lions are nowhere denied In The papers used HI OPP
7 sition 10 the application ioF "A mandhnnS' Mr.,
the refusal Of the secretary 10 sign. and what TOOK
place The statement Of the canvass actually made
Is attached to the papers in opposition but there 10
no explanation or contradiction 10 the manner OF
arriving at the actual result alleged IN the moving
papers The whole case stands on that return Az a. a
tho Office Of the Secretary OF state In the same way
from his Oihc and duly received and fled IN ti3
office OF Secretary Of state the guesn prcSen'S r STn
then have return which on It's face proper ana
valid. but IN regard TO which allegations were mndc
that it was the result Of an Illegal action on the
omd departed from IT, approprqe, SPnere aI
turn on Ne embodied the result Of such Heal can
yaNs. Upon these facts standing uncontrndetei, We
have the power 10 command the state CanvasSer' to
canvass without regard to such return 80 49,
As il contained the result OF an Illegal ana cr-
roneOus canvass made by the Board Of County Can
vasscrs in of It's jurisdiction. and which thereby
not permit II to be canvas ed As to the allegations
OF the manner of the making Of the return by The
County Board the state Board could not itseli inquire
into them II another return should be duly sem 10
the Board. properly authenticated, ana containing inc
result Of the legal action of the Board OF couh'y IAN
We thlns as result mat tn9 o,uc. ~ ,r, ,io
writ and the writ Itself should be modified oy srknS
out the provisions requiring return !" be Se.ea
by. and 10 come from. the County Clerk Of Dutches'
County and issued under his seal and as 50 modined
the order Is affirmed.
OSBORNE TRIES TO GET A M,NDAMUs.
on the OH Of December after the stipulation had
been made and before the appeal was argued IN the
Court Of Appeals. Osborne the Democratic cnndiiate
for senator began proceeding before Judge Earnard
for the purpose Of procuring witt Of mandamns re
quirng the Duchess County CanvasserS to REJECT ccr
tain ballots that had been counted for Dcane bu'
which were alleged to be void for the reason that they
had been marked for identification. The WHIT was
issued by Judge Barnard the day last named but
was quashcd by the same Judge three days aftcrwhu
the Judge stating that the Icator neither aleEed nor
proved enough 10 give him a standing In court. an
appeal was taken by the relator, Osborne, from lho
order quashing the writ aud on the l4th IN o"T
was granted by Judge FurSman upon osbornes ap
plicati0n requiring the County CanNassers 10 $40"
cause. nj special Term TO be held In Brooklyn on
the 18th why an order should not BE- made directing
the County Clerk to refrain frum sending the cor
rcced return. filed on the 9TH. 10 The STATE boliu "
Canvas,crs until the determination oi ua' appf' I'M
The order also contained provision 70 Ur ede'' nat
the County Clerk must not tausmit any cop 81 VI
corrected return until the further "r1@ Oh tI S
operated Ia prevent the tru" statement made III com
pllancc with Judge Iarnnrd's tec,on from rec ' S
Inc state Board until the motion should be mace ana
decided AZ the BrOoklyn special Term .,.
That hell BY Judge Cullen, and when tiie
among 0the. Things, directed the Dulchcss County
Clerk to forward forthwith copies Of thc true sum
Satn and ono 10 the Controller for the 81 the state
Board of Canvasser thereby vacatng TIE staN siAu'ru
perform the duty devOtcd upon MN Dy "a, h.h'un ,
This order settled. signed by Justice .nlleh Hii ~
wa granted. IT Wood duty 70 re ana en'et
the order in the Duchcss COUNTY CIerh once, Ou'
on he Monday following me @l.t one ." we '.sr,n
ior The Republican interest found II N th' Pl'-ceson
Of DcIo, McCurfy New Nork Ctl. II was thcr1iIrl
taken to the Clerks oihce IN Poushhccp>l, a9pt 'p
O'Clock OF the same day tihe .i'O. aAd gwen % a
person ln charge Of the office, VINO pa1i we nn'ih
HE mari, upon It. soon afierward tho CLERK himself
The Office and was shown the original order ,nci b'
justice cullen. The attorney who had brought II into
should lie mailed Al once. pursuant 10 me mllr,
ments OF the order and Of the statute Aher consult
nr counsel Fman, finally Welded. and tn AN even
ng mailed D. the thrcr state officers designaed coPc'
Of the corrected statement.
FMNNs's FVFSTFrL TRIP 10 albany
About II O'Clock the evening Emans va"
served at his bombing place In roughkecp'c with an
or,ier which md been granted about $50 O'Clock by
Jndee Incrallam In New York. That was how
cause order rcturiabo the I'D. and staying In tie
meantime nll pf,ccedins, 0f the County Clerk VIII
reference to the corrected stltcment bu' The p'p'tS
had already been sent and the STAY Wa OF no a'mI
Emans however took a train fol Albany the same
night ard early in the morning had Az lntcr'r" WIN
Governor I'M at the Executive Man-ion. The GOV
eruor told him 10 zee Mr. Maynard and follow III
advice He Odd see Mr. May nasd very soon A"r
ward and received distractions from him ~ TO "hi'
should be done. The result was that Emans Himself
resolved from the Executive Chamber. by the MANS oi
page boy, The copy Of The ril sent ~ ,c
,,r. Thai l,l been scnt 10 that orcil Mr. Mas
nari took upon himself the task of procuring the cop
that had hoeu sent tO III" ContmiIci. lie went 10
The Controller, ONCE ana received the paper IT M
Joseph Alrn, 4 messenger Who sW re d i"ir Ieu-'
(ulcn In the contempt proceedings that ~ Ina hohns
tn do with The Controller, mall. bat delivered the
paper. which Wa -un In the envelope u" VT MAY
lid bec,n.r me CIaynaidi said It had been dirced
Wr,ng7 Judge Maynard STATE, III hi letter that n
.nld Inc messenger tire letter had been sent DN mrs
take iu the exact language that Wa u.ed
+" of uttIe consequence Tie fact remains thnt the
lniiI g,crr n accordance with law and for public
t'oniioller in his official capacity, thcrrupn became
it, custodian until II should be PIT t" ne us' igr
which ID Wns intended. Judge cullen hrld III tle
contoprt cnse that the an,ml, % 10 the Controller
wa, complete. Schcr the Controller himself nor any
- c,issiv In ,nc u way 70 defeat the object which
tic PAPER wa designed 70 serve. When Junsr h'I'
dIivefcd il 10 Ernal- he deprived the Board Of state
(uuva.scr- q tHi which world have certified te lIc
odcd In doprivng the people Of the XVIII senatorial
District Of their nghtfu representation In tue state
senate.
M,YNARD'S ACT \ STATUTORY CRIME.
There can be no reasonable doubt but that Judge
Mavnard's act In removing that paper was statutory
crime section 042 Of the Penal Code reads a ioi
lows: "a person who wilfulJ and mliwlulN r.
moves initiates destroys. concealS or obite'h'cs
record map book paper document or other thing
filed or deposited Iu public Office, or with public
officer by authority Of law. Is Punishable by mp1son
nent for not more than five years. or By nne OF h"
more than 500 or both"
Eu the seriousness Of the legal offence Is very mueh
by the motives which prompted IT ana The
circumstances under which II was perpct;Fitcd 10
was not done upon u sudden lmynlse On ths con
trarv IL WAS done deliberately and after TIE nIie1t
con sidcfniion. Judge Maynard admits IN hs letter
TINT when the matter came up f'g consideration DS tht
Governor Controller and secretary STAT" he adVS'N
them after an cabGratc examination" OF The Wi,ie
subject that II any attempt should be mndc, pchulhs
mo decision q the Cont Oi Appeals, 10 t'lt'nt any
hnl1l 10