The evening world., 1894-01-08
MILLER WITADRAWS.
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 IL 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 If. of the Court OF Com
mon Pleas.
Asscmblymcn Terry, OF Saratoga, and
M~cNamce, of Ulster. were the only mem
bers of the Committee present.
Before the Committee mad proceeded
very far In the hearing. Robert Miller,
v no filed "A notice OF contest against Pat
rick +. Trainor, the Tammany candi-
date elected in the Seventeenth Assembly
a special inspector OF the Excise Board
ana an officer of the city government at
the time of the election, surprised the
committee by. appearing and withdraw
Mr.. Miller said that while he believed
a 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 u large
majority.
He did not think, 1t would he wise to
try to ovcrturn the expressed will of
the majority on a purely technical ground.
50 that he had decided to withdraw his
OBJECTION POI lTr entirely; He received 2'i5i votes
The cases Set down for consideration
To-Day, were those Of Charles La Mazda,
Republican, against Thomas j. O'Don-
nell, the Assemblyma1-elect in the Eighth
40 for La MAZDA; and the contest by
Albert, w. Baill!e. Republican, against
Samuel J. Foley, Democrat, the latter re-
celving 5'2S6 votes n the Fifth District
against 1852 for Balllie.
In the first case the ground OF the pro-
test is that O'Donnoll was a special
deputy sheriff at the time of the last
election. He was therefore ineligible. it
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 Asscmblyman 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 1t contained no state
ment that he was a citizen of the United
Lucas J." Van Allen. who appeared for
La Mazda, said that there was no need
ior ms client to prove his citizenship ct
this time, but Mr.. Lynn maintained that
there was.
and testified that he had lived In New.
YORK Tor 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.
lie did not vote at the last election, he
said. because he had forgotten to regis
ter.
In his argument Mr.. Lynn said O'Don-
lmen under the meaning of the Con
sututton. because the Sherin's office was
not n municipal office. but a county Of
flee.
He asked permission to submit a brief,
ana Mr.. Van Allen consenting. il was
decided that the brief should be sub
mitted before next Saturday;
represented the contestant, and j. Wright
holcomb the Assemhlyman. 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
contest OF Henry Il. Page against Az
semblyman Michael T.. Tobin, of the
Twenty-sccond District, was called. TO
the Excise Department or the Depart,
ment of Public Works within the lO6-day
limit, and that he has nor light to his
against l, 1862 cast for Page.
Mr.. Page appeared in his W behalf
and said he was not prepared to 20 on
III consequence or the absence of his
counsel, and wanted the case postponed
tin Thursday. This request was grant,
ed by the Committee.
After Mr.. Miller had appeared and
sprung his little surprise. the hearing I'm
the lBaillie- Foley case went on. and
n large mass OF documentary evidence
was presented by Lawyer Van Allen
to show that MIR. Foley had been APP
nointed Commissioenr of Assessment
for 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 the
contestant We're made by Lawyer Hol-
comb. one was that under the law q
COMMISSIONS OF Street-Oponing must
report within four months after his ap
pointment, while over a year had elapsed
In this case, before he had acted.
He also claimed that AS "A Commits
siOner of Assessment. Mr.. Foley could
not be regarded as an officer of'the city
government In any sense of the word,
and cited n decision OF Justice Law
up several year, aED.
He, therefore. moved that the com
plant, against Mr.. Foley should be dis
missed.
After some discussion, 1t was decided
TO postpone further argument on the
question of Mr.. Foley's eligibility until
next week, and the Committee then al
Journed until tomorrow morning at IL
o'clock. when the Page contest in thu
Tw~cnty-second Assembly District will b.