New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-10-07

Act ~ its terms purport to have any such effect
or intention nm intention TO make an agree
m.nt SO extraordinary should not be imputed to
onv nerson except upon the most indubitabe
evidence The following is copy of the supu-
iat,on and 1t is apparent that nothing is con-
tanned in it which looks toward preventing the
ic,.l correction of any statement OF the results
a. an election which had been transmitted TO
the Eoard Of State Canvassers
supreme Court-Albany County.
n: %a'!ss dh h Tan IN" Of Ffnkn
b Sherwood for Z enc mandamus against FRANK
The state Of New-York. on the relation Of Franklin
Of sae Edwara wempe as Con-
irolier OF ii. state; Elliot Danforh as Treas as
y ydsn sorar state Engnesr and surveyor com
The people Of the State Of New-York on the re-
islon of William c Daley and John i Plat Plat:
asan., the Board Of state Canvsssrs OF tae so ae
Edward Wempe Gon'ISller Chares and
John Bogar, state Engineer and surveyor as mem
bers thereof and each Of them -. ,,,,,s r pec,
FOR a OF mandamus against the Board OF state
Derby for writ Of mandamus against the Dodru Vi
II is hereby stipulated in each of the above en-
titled proceedings that an appeal sn9ll De .ne
aa,ey taken frSm each S OF nf Term commen
cling December g. 1901. and entered IN Albany County
therein viii print the papers upon such appeals
and furnish them that the appeals shall be SUB,
Ss Thr rS p be on Tuesday december s.
tina, The r. pGh or hs day and
unite with the appellants in a request 70 me zen
era ,h stm da 40 p and mmeda;e have and decide
such appeals: that the defeated party at Genera
appeals fi'e and the prevailing party shall accsp.
short notice Of argument OF ne appeas ~ , ,nat
10 the court TO place the appeals upon the present
calendar and hear them upon some day to- be hsed
that the proceedings of the state Board Of Can
ratng to hs XXv qf anG X&vh
Senatorial Districts be suspended until the d1
TsUn Di ' such C decision be made prior
Ter 80, 1891 and that such canvass snail De CON-
Election "T made Le and issued by the state BOARD OF
Canvassers in acccrdance with the decision OF .ne
oSSFi tn Of The HXvh District s h
decision Of the Court of Appeals in this ana o'her
Dated. Albany December 7, 1891
/ Il MAYNARD and DEl.OS McCCRDf
Attorneys for State Board Of Canvassers and
Frank RE Rics =. S $ err of State
A"O wfil iGS E H ( rPfSTEi e'1''
MATrHEW HALE.
or counsel for Realtors Daley and Platt
and Derby, and all other Reiators'
No s1,CII INTERPRETATION POSSIBLE.
II Choate. Mr.. Matthew Hale. and all the coun-
sci who were opposed to Judge Maynard IN 'ne
proceeding in which the stipulation was made
DENY that any such intention or understanding
was in their mind. but the conduct Of both par
tics during the period Immediately following the
making of the stipulation is totally al variance
with any such Interpretation.
Mr.. Osborne himself on December 9, began
proceeding on his part 10 obtain another cor
rected return. This vas only two DAYS al'eI w. wv,
stipulation was made. The proceedings uluci
Judge Barnards order of December .. ana TINS
new proceeding by Mr. Osborne, We're ac'iNc!
prosecuted up to December IA. without d Sus-
pestion on either side, so FAR as the recoIus
show that those proceedings were by any one
considered to be a violation of the words. or IN
tent Of the stipulation. Nor was such sus-
restion made by any person. in any form, as
far as the records show. until after the correct
ed returns had been removed from the pubic
Offices at Albany. The suppositlon. thereloIe,
Thai there was any understanding. in or out ot
that stipulation. 10 the effect that there shoulu
he no endeavor 10 get the corrected returns ne
fore the state Canvassers, seems 10 us utter
II inconsistent with the evidence and with the
different proceedings on the records OF the
courts. go . 49,
agreement could have been intended by any oil
the parties to the stipulation. before IL was
made the professional gentlemen last above
mentioned had determined as part Of their plan
Of procedure TO procure correcton Oh the
statement Of the votes for senator IN outcness
County: and on the lst day OF December they
had procured an order from Judge Edwards,
retuInabe the 9Th day of December at the
Special Term in Poughleepsie, requiring the
Board Of County Canvassers Of Duchess Coun-
" to show cause why mandainus Shouiu not
issue requiring them to amend their statement
of the canvass of votes for Senator. Al the
hearing upon this order To show cause. on the
9th day Of December Judge Barnard had orcefeh
a peremptory mandamua in effect requiring the
correction asked for TO be made; and upon com
pIance by the County C4nvassers with the dl,
rections Of this writ Il would becoH" the ieBai
duty Of the County Clerk 20 transmit the cor
rected statements to the three state officers AT
ALBANY designated by law.
EXPRESS LANGUAGE OF THE ORDER.
All this had been done. and was known by
all the parties to the stipulation to have been
done at the time when that paper was drawn
and signed on the 7;h day Of December More
than this sir1uitane jtsly with the making OF
the stipulation the order hereinbefore set forth
In full was made in the proceedings against the
State Board of Canvassers then pending before
Judce Edwards in which the stipulation was IT.
self made And that order. hy It's express IAN
piace contemplated that some further return
such as the political interest opposed To Us
borne designed TO procure. might be herra'ei
,ronurel and be placed before the stat" Board
Of Canvassers. That language was U una. u'et
consider only such return from the County OF
Dutchcss as may hereafter be filed.
The order containing this language was en-
tered substantially by consent In order TO laciii
tate tho appeals and VA Of course known to
Tho counsel I'm the proceedings who participated
IN the making of The stipulation. including
Judge MAYNARD. IT is inconccivabl- mat IL
should have been the design Of any OF the
uartics 10 this stipulation to arrest proceeding
which had for its object a correction Of the
Duchess County statement when that procreu-
inc was in actual progress ut the time The stipu-
Iatlon was made. which was an essential ica,ufr
of the plan Of one Of the parties to II, ana whch
was recognized by an order entered by consent
simultaneously with IN" making Of the stipuIa-
t;or when the stipulation contains n" express
agreement for the arrestinS OF such proceedings
and indeed makes no alusion TO IL Wh''e'e'
40 JUsTIFIC.TIOH WHATEVER
Our conclusion, then, Is that no Jus'ihcauon
of the removal Of the corrected election returns
from the Offices OF the Governor Secretary OF
State and Controller on the morning OF DeceHi-
Der % can be found In the stipulation