New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-01-30

refuse TO obey it, 1t was written ny JuusI
concurred in il. There were two points con con
sdered by Judge PecIlham in the opinion. lhe
Republican attorneys had argued that Mylou, i .ne
man who was appointed temporamly mytsi usi Conntv @
Board Of County Canvassers of Duchess Co9n'S'
in,ncdiatelv alter the withdrawal OF MI Hon
man, the legal County Clerk. had not tle , au.no
r.ty 10 certify as TO the correctness ot ~:
and on that account the return whch pore Ms
not regular one ana cou'" "0' -
canvasSed. , -. , ~,
ILLEGAL one. inasmuch AS it was the result of an
Illegal DETERMINATION. The Republicans askei
therefore, for an Injunction restraining the n,'.c
Board from canvassing the illegal return ana 10
compel them 10 canvass the correct return
Such an order had been granted IN the ioWer
court by Judge Edwards; of Hudson. anu py
Judge Barnard, Of Poushkecpsle. ...,. .ho
The Democratic attorneys did not attack ,nc
point raised by the Republican attorneys, til,,0 @
the return was the result of an illegal deternihn h
tion, when the election cases We're aigueit ia,;"n ~"
fore the Court of Appeals under the stipui,'io,n
that was made Between the lawyers on po1n o,
sides 10 take all of the cases there ara a1lus
by the decision Of the court; but they as;aoNer
orly tho question raised as to the vMaiul.y van . ..
the return on the grouhd that the oniclal county
clerk. as the secretary of the Board OF County
CanvassrIs. had not certified as to ti', cnr5ec,
ness of the returns. but that John NHiou.
temporary clerk. had made such certlItatlcn .d :
Judre Jackson decided with the Democrats INA,
it did not make much difference VINO Ger cet'laled ,d
the returns whoever dd so WA was m .e dG "1V not de-
eide that the validity OF the " Mylod return
had been attacked. and successfully; -. o..
In relation TO this question 1he deci'iSn Saor -, inn
Court Of Appeals was az follows. ana pears ,n. III
mediatelv upon the action that has Deen Dron9ns
10 punish the members Of the State Doaru Vi
CanvasSers for cOnt"npt OF COURT
The other ground FOR directing the state Oah'
t omit 70 canvass this return remain to be considered
rio n,n., e., substance aece that the Board OF County
Canya,sers Illegally convassci tho result OF 'he r''u
from the inspectors OF election In the "hoie cou" MI"
made up its own canvass In opposition 10 S',n "
an, =, ,esut goy. nnety.two plurality TO
o.Iorn than by the Of the inspectors he was '-
,i, u, aud resulting in an apparent plurality OF four
,.c votes In the Senatorial district in favor OF Nr' vs.
borne. These allegations are nowhere ue"''u !" Wv
,rs- rscd IN oppostion 10 an application for man
dauu. Mr. Mylol simply gives history OF 'he eNr"'>
nm IN tbe refusal OF the Secretary sign and when ten
to,k ulace The statement OF the canvass as acUuay
made +, attached the papers In opposition ou' 'o
M exclamation or contradiction AZ to the manner OF "'-
.iviu, at the actual result alleged in The noNlng
,aper. The whols stands on that return as
legal coo.o,,.
Treating the paper OF hle In the once o' me se,re''r
o, state in the way II t were ceftheu oy '"c
County Clerk and sent from his office ana duly eceN'u
and aid in the office OF the Secretary Of state the qes'
lion tesents Itself as to tho proper In such case
W. would have return which was on lt' 'ee proper
and valid but In regard TO which allegations were u
that IL was the result OF Illegal action OH the part OF
tb County Canyassing Board by which that Board de-
narted from , appropriate sere as ministerial Dody,
and IN excess jurisdiction proceeded to make an IN
valid canvass and the return on Hle embodied the result
| u such illegal canvass.
ruon the,e facts standing uncontadcted think the
court below in ia proper brair>h, wouiu ""'o
the power to command the State CahNaS'ets "
canvass without regard such return AS IL con'c
| tho result Of an Illegal and erroneous canvas us ~
Board Of County Csnyassers in excess Oh los
-, which th.-ehy would alter tho result Of an eleeth
tho court should permit it 10 be csnVaS>ed. ~ "
the allegations OF Of the making OF 'ne return
hv rhe County Boald. the Stat Boafd couH nov 'i
inouire into them. II another return shouid Dc uuS
on, 70 tho Hoard properly authenticated ana con-
t,p,r the result Of the legal acton oil he bo'ro o'
County Can,asscrs tho stats Board could canvass ~
We think a. result that tho order for tho VIII anu
| the writ Itself should be modified oy s'riAins ou' w
,.,.,on. rsouirnp return to certified and 10 como
from the County Clerk Of Dutchess County anu iS'u'a
n1o, his seal and as 50 modified the order Is Affirmed