New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-12-08
,TTSTyCE ~ SIGHT At LAST

Tn reversing a Special Term decision that
opcrated to permit the State Board OF can
vossers TO 20 scot free of responsibility for their
defiance of the courts in counting the n"'orions
Nvlod return. the General Term in session at
ALBANY has certainly expressed The sense OF 'he
publc. and. we cannot doubt. Of the law, 100
This NIylod return was the fraudulent canvass
If the votes cast for State Senator in Duchess
Comfy i'm the election of 1891. It's fraudulent
character was declared by Judge Edwards in
one decision and by Judge Barnard III aho'h'r'
and the Board of County Canvassers WAS re-
0ured by the decisions of these Judges 10 niah'
n new and correct return, and to forwani II 10
the State Board OF CanvasScrs to take me
Mace of the false MylOd return il had previ-
ousIv sont There After much twisting ana
smirminc and n vast amount of legal flib,is-
tcring. the Duchess County CanvasSers obeyed
the courts and after another period OF twist-
ing. souirming and administering their true
return was mailed by County clerk
Emans TO the three state officers WHO
are by law charged to receive II and to send u
through the Secretary Of state To III" S'a'e
Board of Canyasscrs. This is the return OF
which Frank Rice. the Secretary Of STATE
robbed his own mail Isaac ii. Maynard robbed
the Controllers mail. and Governor IIills Office
boy robbed the Governors nail
The purpose Of these larcenics was 10 leave
the State Board Of Canvasscrs with no o'h"r
return from Duchess County than the false
Mvlod return in their possession when they
came TO make Il canvass of the XVIII Senate
District but hints Of the larccncs got ont. ana
liar of tho State Board Of
Convasscrs was personally served with cer'i-
fed copy Of the true returns before ne at'ehn'u
the Boards final meeting That meeting was
held in the afternoon OF the day on .whcn 'he
Court Of Appeals rendered It's decision aihrh
ing the order Of Judge Edwards. That ORDER
as affirmed commanded the state Boan OF
Canyasscrs not TO count the Mylod return, Dut
to couut that other and true return subsequently
forwarded to take the place OF the faise one
The Board met and deliberately disoDcyed ms
decision 1t did count the false return ana u
refused TO count the true one. and members OF
the Board. disrcgartling the fact mat cer'ilied
comics Of the true return had been served upon
each of them made the lying statement that
they counted the Mylod return because no
other was before them. Frank Rice was a
knew that with bis own hand he had taken the
original CODY Of the true return from his own
mail and handed it back TO County Clerk
Emans. Isaac II. Maynard was present as the
counsel of the Board, and he knew That he.
with his own hands, had robbed the Controller
mail of a second copy of the true returns. Ana
each member Of the Board present knew that
he had personally received n certified and snfii-
cicnt copy of the true return.
There Is 10 use mincing matters about the
character and conduct of these men. They were
liars and scoundres, and they committed Il
crime which, in free country, where the peo-
ple are master and the ballotbox minister, Is
the highest form of crime. The offences for
which criminals suffer death are trivial in com
parison with acts by which the will of the
people is subvcrcd and the power to make ana
execute law is lodged in the hands Of men
whom their voice has rejected. And II such a
crime could be heightened and dccpencd by
circumstances il is made the worse when. as III
this case those who commit it are the sworn
| officers Of the public, charged to serve 1t as a
mathematical machine Cor the demonstration
and declaration of its decision. All that there
! is in the theory and practice Of free govern
ment was in that instant Of time committed to
! their keeping. They were traitors TO their
trust and if the law is impotcnt TO punish such
wickcdncss, villa. is the law good for? The
General Term nj Albany has said that it is not
impotcnt, and all honorable men will hope that
its view will prevail, and that the laws snf
| cheney will soon he expressed in positive ac'
Of Justice The length Of time that has passed
| since the crime was committed renders its pun
| ishmcnt all the more necessary. For II II mus
he owned that justice is tardy in the state OF
New-York, let us be spared the confession that
as against powerful and partisan criminals
there Is no remedy at all