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

< OUnilllttcS oh IllNilt6eS dilu ESltStioio,
khich is taking testimony in the six
bntested election cases Of Assembly
en- in the Fifth, Eighth, Fifteenth,
eventeenth. Nineteenth and Twenty
kcond Districts. continued its hearing
b-day In Part II. of the Court of Com
hon Pleas.
Assemblymen Terry, of Saratoga, n
1cNamee, of Ulster, were the only mem
fers Of the Committee present.
Before the Committee mad proceeded
Try far in the hearing. Robert Miller,
no filed a notice of contest against Pat
ck F. Trainor, the Tammany candi-
tie elected in the Sevente enth Assembly
district. on the ground that Trainor was
special inspector OF the Excise Board
nd an officer of the city government at
he time of the election, surprised the
hg his contest.
Mr.; Miller said that while he believed
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 a large
He did not think it would be wise to
Try to overturn the expressed will of
Pc that he had decided to withdraw his
objection 2 Ds ton entirely; He received 2'454 votes
- pSt ao"h " III
Today were those of Charles La Mazda,
Republican. against Thomas J. O'Don-
hell. the Assemblyman-elect in the Eighth
P., st Yno received SIS votes AGAINST
Alber W.. BaiHie. Republican. against
samu' J. Foley: Democrat, the latter re-
feiving 5,236 votes In the Fifth District
against 1859 for Baillie.
In the hrst case the ground of the pro-
test Is that o'Donneil was a special
deputy sheriff at the time of the last
election. He was therefore ineligible, II
Is claimed. under the provision OF the
Constitution which says that no person
can be elected to the Legislature who,
within 100 days previous to the election,
had been IAN officer under any city gov
The Tammany Assemblyman was rep
resented by Civil Justice Wauhope Lynn,
VINO, In opening the case for his clients,
ob1ected to the petition Of La Mazda on
the ground that 1t contained no state
States. o"'''
Lucas L. Van Allen, who appeared for
n for his client to prove his citizenship at
this time, but Mr.. Lynn maintained that
' there was.
La Nadia was then put on the stand
= and testified that he had lived in New
York FOR ten years, and had been nat
uralized two years age. He could not
mad issued the natura lization papers.
He did not vote at the last election, he
said, because he had forgotten to regis
In his argument MIR. Lynn said O'Don-
nell was not an officer Of the city gov
ernmen under the meaning of the Con-
ttitution, because the Sheriff's office was
Ace. '''e 0u' county Oh
He asked permission to submit a brief.
decided that the brief should be sub
mitted before mex Saturday.
? IN the case Of Bailiie against Foley,
represented the contestant, and J. Wright
Holcomb the Assemblyman. The charge
IN this case is that Foley was appointed
Justice Beach. of the Supreme Court
and was acting as such officer within
the limit of one hundred days previous
TO- the last election.
Before the case came up, however. the
semblyman Michael F. Tobin. of the
! bin Is said to have been an employee OF
the Excise Department or the Depart
ment OF Public Works within the To-day
seat. a aah ash' he he nss Hed ' s,oa5 TO Votes hss
against A .752 cast for Page,
M, Page appeared in his own behalf,
Pin consequence of the absence Of his
counsel, and wanted the case postponed
I'll ThnIr s Sy This request was grant
After Mr.; Miller had appeared and
tBrung his little surprise the hearing iI
~ u ioibc mass VI DOCUMENTARY tNlutHCe
was presented by Lawyer Van Alien
n to show that Mr.. Foley had been APP
n pointed Commissioner of Assessment
for the opening OF streets in the Annexed
.Epistrict in June, 1892, and had acted
Under that appointment as late as last
November after the election.
Several objections to the claim of the
#pntestant were made by Lawyer Hol,
m One was that under the law q
commissioner of Street-Opening mus
eport within four months after his ap.
ointment, while over a year had elapsed
, this case, before he had acted.
also claimed that as a Commits
leloner of Assessment. Mr.. Foley could
pot be regarded as IN officer of the city
government in any sense of the word
ma cited a decision OF Justice Law,
<tnce to this effect in a case which came
w several years ago.
De, therefore, moved that the com.
pint against Mr.. Foley should be dis,
lfter some discussion, 1t was decided
postpone further gun on the
estion of Mr.. Foley's eligibility until
week, and the Committee then ad.
srned until tomorrow morning at Il
MOCK. when the Page contest in the
Hwenty-second Assembly District will be-
heard.
Not Away. hut Left His O~vercont.