The evening world., 1894-01-08
MILLER WITHDRAWS.
He Will Not Contest Trainor's
Election to the Assembly.
SAYS He Believes the Voters Want
the Democrat.
Other Contests Heard by the Legis-
lative Committee.

The Subcommittee of the Assembly
Committee on Privileges and Elections,
which is taking testimony In the six
contested election cases OF Assembly
men in the Firth, Eighth, Fifteenth.
Seventeenth. Nineteenth and Twenty
second Districts, continued its hearing
to-day In Part II. of the Court of Com
mon Pleas.
Assemblymcn Terry, of Saratoga, and
McNamec, of Ulster. were the only mem
bers of the Committee present.
Before the Committee mad proceeded
very far in the hearing, Robert Miller,
no filed "A notice of contest against Pat
rick +. Trainor. the Tammany candi-
date elected In the Sevcntc nth Assembly
District, on the ground that Truinor was
II special inspector of the Excise Board
and an officer of the city government ut
the time of the election. surprised /. =
Committee by appearing and withdraw
Ing his contest.
Mr.. Miller said that while he believed
q valid objection could be urged against
Trainor's, election on the ground stated,
he thought the voters of the district had
supported the Democratic candidate In
good faith and had given him n large
majority.
lie did not think 1t would be wise to
try to ovcrturn the expressed will OF
the majority on a purely tee meal ground.
SO that he had decided to withdraw his
and Trainor 1864.
The cases set down for consideration
to-day were those of Charles La Mazda.
Republican, against Thomas j. O'Don-
nell, the Assemblyman-elect in the Eighth
District, VINO received 6,ls6 votes against
3,3S5 for La Nadia; and the contest by
Albert, W. %Iiaillie. Republican. against
Samuel j. Foley. Democrat, the latter re-
selyinS PIG sS votes n the Fifth District
In the first case the ground OF the pro
test is that O'Donneil was a special
deputy sheriff q the time of the last
election. He was therefore ineligible, it
Constitution which says that no person
can be elected to the Legislature who,
within 100 days previous to the election,
eminent
The Tammany A%ssemblyman was rep
resented by Civil Justice Wauhope Lynn,
VINO, IN opening the case for his clients.
objected to the petition of La MAZDA on
the ground that It contained no state
ment that he war a citizen of the United
Lucas l.. Van Allen, who appeared for
La Mazda. said that there was no need
Tor his client to prove his citizenship at
TINS time, but Mr.. Lynn maintained that
there was.
and testified that he had lived In New
YORK for ten years. and had been nat
uralized two years ago. He could not
remember the name of the Judge who
had issued the naturalization papers.
He did not vote ut the last election, he
said, because he had forgotten to regis
ter.
In his argument MIR. Lynn said O'Don-
nell was not an officer of tine city gov
I'M under the meaning of the Con
ttitution, because the Sheriff's office was
not a municipal office. but II county Of
flee.
He asked permission to submit a brief,
and MIR. Van Allen conscnting. 1t was
decided that the brief should be sub.
mitted before next Saturday.
IN the case of Raillie against Foley
which came. up next, Mr.. Van Allen
represented the contestant, and ]. Wright
Holcomb the Assemblyman. The charge
IN This case Is that Foley was appointed
Justice Beach, OF the Supreme Court.
ana was acting as such officer Pithir
the limit of one hundred days previous
to the last election.
Before the case came up, however, the
contest Of Henry y. Page against As.
semblyman Michael +. Tobin, of the
Twenty-sccond District, was called. To,
mn Is said to have been an employee OF
the Excise Department or the Depart.
ment of Public Works within the To-day
limit, and that he has nor light to his
against l,752 cast for Page,
Mr.. Page appeared in his own behalf
and said he was not prepared to go OF
III consequence OF the absence OF hi.
counsel, and wanted the case %postponcr
till Thursday, This request was grant
ed by the Committee.
After Mr.. Miller had appeared and
sprung his little surprise. the hearing II
the Baillie- Foley case went on. anC
n large mass of documentary evidence
was presented by Lawyer Van Aller
to show that MI. Foley had been ap,
pointed Commissioner of Assessment
Tor the opening of streets In the Annexed
District In June, 1892, and had acted
under that appointment as late as last
November after the election.
Several objections to the claim of tn,
contestant were made by Lawyer Hol
comb. One was hat under the law 1
Commissioner of Street-Opening mus
report within four months after his ap
pointment, while over "A year had elapsed
In his case. before he had acted.
He also claimed that as n Commits
sioner of Assessment, Mr., Foley coult
not be regarded as an officer of the cit,
government In any sense of the word
and cited n decision of Justice Law
renee to this effect in 4 case which cam,
up several years ago.
He, therefore. move that the com
plant against Mr.. Foley should be dis
missed.
After some discussion. It was decided
to postpone further on tn,
question of MIR. Folcy's eligibility unit
next week, and the Committee then ad
iourned until tomorrow morning at |
o'clock. when the Page contest in tn
Twenty-second Assembly District viii b
heard.