New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-11-01
FITZGERALD AND VAN NAME TO TIE BAR
CHARGE OF VIOLATING PRIMARY ELEC-
TION LAWS-A DECISION on An

THE RICHMOND COUNTY OFFICIALS TO ANSWER
CHARGE OF VIOLATING PRIMARY ELEC-
TIoN LAWS-A DECISION on AN
INDEPENDENT NOMINATION.
Dstrct-Attorney Thomas W. Fitzgerald and FIX
else Commissioner George Van Name OF Rich
mond County. will appear before Justice Cornell
at Clifton, at 10 o'clock this morning. to answer to
the serious charge OF having violated the laws
relating to primary elections. These officers Of
Richmond County are high in the councils Of the
political organization OF Staten Island which is con-
trolled by Nicholas Muller, and the fact that they
are to appear fer examination before Justice Cornell
this morning 10 answer TO such a serious charge
has caused pronounced sensation. Mr.. Cornell.
the justice before whom the two Muller partisans
are to appear. is IA Democrat. He is an ex-Member
OF the Assembly. and is well known a real estate
merchant and a fearless who has not
hesated TO refuse to wear the Muller collar and
link and chain. which hold down so many men on
Staten Island.
The outcome OF the examination cannot with
certainty be predicted Fitzgerald and Van Name
will make vigorous fight. The complanants
Lester a. Scofield and David j. Jones, OF the
village of Port Richmond. will appear to press
the charge. Mr. Scofied, who is "A member OF
the Taxpayers Union of Port Richmond, Is "A
member OF the commit, OF five that has charge
Of the complaints against Fitzgerald and Van
Name lie is determined. If necessary. to carry
District-Attorney Fitzgerald is one OF the most
active men on Staten Island these days. He
has found lawyer In this city TO appear for him
before justice of the Supreme Court in relation
to preventing the printing Of certain official bal
lots This is a matter which promises TO attract
much attention now. for It involves final de-
cislon as 10 what is Independent nomination.
This is new question in the courts 1t was
decided yesterday by Judge Dykman in the SUI
preme Court. in Wcstchester County. In case
entitled: I'm the Matter of the Application of
Thomas H. Banning.
Thomas II. Banning is recognized by the poll
| tclans as a dummy" Thomas W. Fitzgerald. the
District Attorney of X cnmond County is believed
TO be the man who caused the Application 10 be
made to the court. The came up before Judge
Dykman yesterday on motion to grant an IN
junction to restrain the County Clerk Of Richmond
County from having printed three official tickets
exactly alike Three different certificates or nom
nation OF a county ticket were presented in due
form to the County clerk. They bore the same
nubiicans the Richmond County Democrats, and
by an independent organization which filed win
the County clerk certificate signed by "D voters
IS required by law setting forth that an indepen-
dent organization had also nominated the same
nve men named by the other parties, ;aIh mo, Or
SANITATION demanded separate official ballot;
Thomas " Fitzgerald was chosen to prevent; II
possible. the printing of the tire official paliouS
bearing the same names The Application Tor an
injunction to restrain the COUNTY ,erA vl H haI
"ts was argued before Judge Dykman yesterday;
I'm
Gsorre IL Wingate. counsel tor Fitzgerald gave
out a statement of the case yesterday afternoon
.The matter was argued before Judge Dykman
to-day bv myself District-Attorney Fitzgerald anu
y T. ii Finch for the petitioner who claimed
that the two certificates were Illegal and IN viola
ton OF the election law. George + Gr.enleia; l..
/ philIips John y Davenport. John VI. keating
Howard +. Bayne ". 4 short Joseph u, n van
IIoyenblrgh and Odell Close appeared III oppoSi-
ton and contended that the certitcates were
regular Judge Dykman decided that there was no
INDEPENDENT nomination i'm Richmond County Tor
local offices made by either of these certihcates
that the statute contemplated that ea"h voter
shoull have the right to one ofilcal DaIiot on
which should be. contained the names OF candidates
for the different Offices but that certificate whicn
merely renominated candidates which had been
previously nominated by another party withou!
adding any other names was not an 'huePehueh'
nomination and was "a nullity. . CO,
The registry lists In the neighborhood OF south
Reach are unusually large. They have been swollen
with the names Of watrers, bartend"rs ana
hundreds of others who only i've on staten Isl
and during the summer. At all the political mead
guarters OF the Muller men there are always men
who glory In telling OF how they nave voiateo
tho al.eti laws