New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-10-07
Reed & Barton,
sIIyERsNITHs.
81 Union Square, n. Y.
body nv its own action, might other"ise a'ccs


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body. by its own action might other"'se ""e''
These extraordinary proceedings nav a III IL
mentous political interest to the pevpIr v, , .ne
whnie state which may well arrest thcir atten.
ton and call for their action. Inc Hieinpeis -
this association as citizens, WI. .aN
views of these PROCEEDINGS as , tne. as,,i,s %
NAV approve But in their politcai results We
ba 70 no concern with them, except SUCH do VIC
have in common with our fellow-citZens.
This association has, however, pS liz i,s az.
ton under which this committee derives Hs au
,hnr,ty taken the view that there ~ one feature
OF these transactions in when II mas a. sp go
interest 1t has taken notlce oi r.e mart in
Mr. MAYNARD who took an important par. Al.
them has since been elevated TO tile pencn VI
our highest judicial tribunal; ana ,nac uy ;,-
son of them his fitness 1or tha' o'i,' o.oociaiiv
nortant TO the whole community ana especially
i,nnortant to u.s. has been seriously drawn III
question. This resolution REQUIRES us 'p III.
slider and report upon the character vi ms
action and this duty we now proceeu " us
charge
M\YNARD's EXPLANATIO
We have set forth the main and substantial
facts which appear to determine INC o'"'"o.e'
of the transaction and we thlnk TO ''Jus"'e
&c done to Judge Maynard in saying that upo"
tho foregoing facts an impression strongly uii.
savora HE to his conduct in the premises woulo
be made and would. in the absence or expiahd-
ton be justified He has hinlset appais<n.y
recognized this: and has PREPARED III .is io' -
~ a letter addressed 10 the presiding JUDGES %
tho two divisions OF the Court OF Appears, a"
exclamation Of his conduct, which hds: pr
sumably with his assent been ihaue puonu nac
10 which he has )ressy referred us III ailsNe
10 our invitation to him to make any statements
which he might think mt a., -. -, ,h.
Doubt which might arise upon quea,ions y.
fact but IL brings into issue some fndt'eiS no'
embraced in the foregoing statement ana en- m,
ploys them for the purpose OF Jusuhcdooi,,., -
these the most deliberate attention should %
given. ... octo,-
The acts of Judge Maynard which are calcu,
lated TO produce unfavorable impression, ah ~
,a which his explanations seem to be In the
main directed. are these a.. co,
First-His taking from the ONCE OF 'n ss In tha
troer ON the morning of December - ING
no,ad n,eone containing one of the certified
corrected statements which had been L, .rai t.
mitted to that officer through tne mali o' ''>
County Clerk of Duchess county -. .s 49,
SanondEHis acauiescence in the canvass OF the
Mvlod return By the Board of state canvass
upon their preteXt sh no I before them.
In respect to the first OF these Az taro Woy
no question as TO any matter OF lac.' ot,rn was
nard definitely avows that the return w.
taken by him. and he proceeds to explain ana
defend the act as follows:
DEFENDING HIS ACT.
In the first place he asserts that IN the sew
eral legal proceedings which had been TAKEN
against the State Board OF Canvassers' III re-
spect to the several disputed election cases he
was retained and employed to represent '"aS
board and it's individual members, as tneit az.
torney and counsel and that as sten a,,' md
and counsel. after consultation WIN tneni aio
hy their authority he entered into a stipulation
with the attorneys and counsel represen'ihss us
REALTORS in the various proceedings 10 'he eIleo'
,bat tho action of the State Board in canvass
ing the return in the disputed cases shoui" "
suspended until the final decision py the .ouis
of Appeals should be had upon coftennpia.eu
,nneals i'm the proceedings referred 10. ana tnat
then the Board Of State Canvassers should pro-
coed and complete the canvass OF the ie.u, 's,
| .. 1a. Sin
made nv that court. He further asserts tnat
this stipulation was intended to nave, ana oIu
have the effect OF requiring that the canvass
hv the state Board should proceed upon the
has sis of such returns only as were then peiore
Il: and that no corrected or other statements
/ should. in any of the disputed cases De sent 70
! or received by the State Board OF CanVassers
He further says that afterward and before nv
transmission of the corrected return py ZIG
| County Clerk of Duchess county IL was ue. 49,
mined upon his advice TO at once SEND pacA 'hs
said returns with statement OF reasons.
Assuming for the moment that TINS supu,a
ton thus referred to by Judge Maynard "a COPY
Of which is hereinafter set forth is open TO tho
Interpretation thus placed upon II by MN, your
committee cannot conceal its astonishneht tia'
such a proposition should be seriously nam.
tanned bv q public officer holding place in our
highest judicial tribunal II II be true. IL 10
competent for the State Board or CanVasserr
by agreement with private individuals WHO
have Instituted suits against II, to directly sus.
pend the operation of the laws OF the STATE
and as no one will contend that the agreemen'
or acquleScence OF the relatoiH III '"''e
ings or their counsel could give any authority
to the members of the State Board or Canvass
ers which they did not otherwise have, the
propostion amounts To this That the Hem-
beers of the State Board of Canvassers nave au-
thority. whenever in their judgment II rs ex-
pedient to refuse To receive and To act upon
those solemn legal evidences OF the popular Will
ms expressed at elections, which the law I'M
n.ratiyely requires them to receive and act
upon.
SUMMARY CONDEMNATION DESERVED.
| In the view of your committee. argument de-
signed to formally refute such a proposition Is
| unemployed. 1t deserves summary condemns
! ton.
But is the statement Of Judge Maynard that
| stipulation of this extraordinary character
| was made correct?
Your committee expresses unhesitatingy It's
opinion that II Is not
l. In the first place the stipulation itself does