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

statement. which SnOulu
thrown out as aforementioned; SECOND. y. -, ~
stitute other proceedings against the i,oaIu ID
State Canvassers to compel them 10 u.s. ,ace
the Mylod statement, ana 10 canvass , -, he
thereof such corrected statement as nhsH ~
procured through the instrumentallty oi "a.
proceedings first above mentioned i Doll
ceedings were therefore at once lhs. s 81
In the one directed against the Boaru VI 80" ,as
Canyassers Mr. Isaac H. Maynard "ho VIC" va
then Deputy Attorney General, appeaieu' .he
acted the attorney ana couhsei, 20 their
board; and il also appears that he acteu as ~. -
general adviser until the final discharge py .'.
of their functions December ~ uhiess . %,,rs
lation ceased, as asserted by MN, rev -
earlier upon the rendition OF the decis,o" In
the Court of Appeals, in the severai casc' ~
volving this and other disputed elections
JUSTICE BARNARD's ORDER
The proceeding instituted against the Board
Of County Canyassers of Duchess County 10
procure a correction of their statement OF ''e
votes was successful; and on December d"
order was made by Mr.. Justice Barnaro' 49,
hearing both parties, directing that tne So. So
ment should be corrected by coui'ihs 5rs;s order
thrown ont as above mentioned. rms o,ue'
was duly obeyed. The Board OF county Saii
vassers reconvened and on Decemper ,a,"o -
and filed n corrected statement 81" ,yrn ether
counted with the returns from the Two o'e'
counties of the district the election oil the re
publican candidate. -.o,od s.ate-
The statute under which this corrected s'a &c :,
n,ent of votes WAS made provided tnat ~ iai
ns The same shall vary from the original GER
tifcates and statements, the stateniei.e' ,,rt
certificates made under the order OF tne ~ vi
shall stand i'm lieu thereof ana sna'' III o." 20
places be treated with the same enec' an 49,
such corrected statement had been part 'ol ei,e
original required by law claws u i'''' '""'
Trinlicates of this corrected statement were
deposited by the County Clerk Ill .le
mail on December q, addressed 10 tie pt .Ip',a
state officers; and would, pres rn,Vassers On
the final canvass Of the votes on Deceinoei 30
but for the following extraordinary ac Cri of
Storm Emans. the then County ointad 70
Duchess County who had been appoihleu ~
that Office by the Governor after the s" ILL.,,
removal of his predecessor hasteheo 70 l,'Dn" d
during the night of the ?lst on pee s,,cceeded
after consultation with Mr. Maynard SUI SUI. ~
In procuring the triplicate statements iro,i ,te
offices at which they had been icsu n,,ah
livered and took them away with MN Cortroiler
koensic The one addressed to the ColtIoiissi
was actually taken from the office OF Una. oi-
ficer in his absence by Mr. Maynai4,,, en- We"
by him delivered to the clerk. storm E,.,an' =
II afterward became known that inns nau
boon done. and thcreupOn the couhsei WIN
we're acting in the Republican interes. "a ~ ha
duly certified copies Of the same staleiniis a ~
served upon each member oi '"'
state CanyasscTs.
COURT OF APPEALS DECISIONS.
ON the 29th of December the decisions oil
the Court OF Appeals in the numerous '''
argued before it were announced. 80 lar aS
rpSDet1S
with a certain modification, the order wh'ch
v.s annealed from. That order was as foiiows'
A. . snecIa Term of the supreme Court, h s,h
| AT the CITY Hall. in the city OF Albany u" 'e "
day Of December 1891. ,a,,oo
| Present-Hon Samuel Edwards. justice t;.u,,,,, {,
In the matter of the application OIL ii' arainst
Daley and John Plat Tor "a az the state Of
New-York and Frank Rice as secretary oi I.iliot
Edward wemple as c9ntroler oi c 1m r Tabor
az Ntforney- GENERAL and John Bogart as Sta'dg
Engineer and Surveyor, as members ''''eo' "''
rhis case coming on upon the order to snow
cause herein, granted at Special leiii. oh,e ar a
Special Term held in the city of Hudson On ,ne .Il
pecember iSS ana h4 asTies 0f to this s term
now on reading the affidavits OF charles r.
William DdIey y IN 5q ,hn said order to show cause
and The afidavits Of Frank Rice and John j. Myloa
OF, t nidvtt of J. r. Parkhurst. verified this day
which being objected to by counsel OF saiu So
when 80 objected TO. II. ,.,rrevs for
on motion of Cady and iloystradt avto'i,e'S sum
eriand j. + Parkhurst and Eugene Bur, ne nd
Of for realtors and r. laid M ssate Board ard
! OF Canyasscrs. in opposition thereto, ,,s
1t is ordered that writ OF peremptoy manaa GUMS
iss,,e ont of and under the seal of this court. cum
handing and requiring the said STATE pot i,,o ~
canyasssrs that they issue WIN Senatorial DIS.
irIct Of this state dsregardng the so-caueu
Of the Boari 81 County canSassers %, 'n tioJ a.
I Df L.
secretarv OF the said Board pro tempore' anu -
moi signed bv the County Clerk OF liuteisss Couhty
or certified under the seal of said Counly tl. n,
but that instead thereof they cohsider on,y 80
rc,,rn from the County OF Duchess as may nelr-
after be filed containing the signatures OF the
is Clerk OF the County OF Dutchrss, ana e'e ,, -
Nan ~ said BOARD Of County Canvasscrs ana ~.
sued under the seal OF said County clerk ana tna az
i'm their certificate Of election the sad S,hoe ersdn
~ C,nvoescrs certify and declare that the pei son
who appears upon the certified returns anu star
| ,nnnts made by the Boards OF 'anVassers OF us'
nn,,n,i.s ~ columbia Putnam and Duchess. IN
pursuance OF the statute and the order OF the court
=, b,,,c received the greatest number Of votes. was
u I,i,r,n, 49, - SAM Ell EDWARDS.
! ''''''0'' Jus. Sup. CT.