Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-10-28

rayed against the bird. Mr.. Scott came
In his official capacity as the representa-
tive OF the Police Commissioners. VINO
allotter the third column to the rooster.
while Mr. Macfarane and Mr.. Green APP
peared as the private counsel OF the state
Democracy. Mr.. Ieventritt spoke as the
repre- sentative Of Tammray Hall, though
he didn't say so, while General Gardiner
and Mr. Hotchkiss ostensibly represented
Nathan Fernbacher. who obtained the or
der directing the Police Commissioners to
show cause why they should not be per-
manently restrained from printing the
official ballots with the rooster over the
Democratic State nominees In the third
column.
The proceedings were undertaken in Mr.
Fernbacher's name. but Tammany Hall
was the real plaintiff. This fact was
only thinly disguised
Mr. Leventritt began the proceedings
by stating the plaintiffs case lie SAID
that the State Democracy had held no
State convention, nor had II certified TO
the Secretary or State a list OF state can
ddates, as provided by the new election
law. Hence the Secretary OF state had not
allotted a column TO the organization on
the official ballot. az should have been
done before 1t was entitled TO official re-
presentation.
AT the State convention. held In SYRIA
cuse, Mr. Leventritt asserted the Tam
many Hall Democracy had been recOg-
nzed as the regular Democratic organizl-
ton, and the "star" had been adopted
and recognized as the emblem Of the
party.
George Walter Green presented an aiii-
davit from Police-C Commissioner An
drews. stating that there had been no
opposition to the application OF the State
Democracy for separate column on the
ticket. The organization has shown that
It had ratified and endorsed the can
dldates on the State ticket of the regu-
lar Democracy. and had recognized the
action of the Democratic State COnyen-
tiOn.
\ recess was taken after ar Green had
finished. and when court was called TO
order again Mr.. LeVentritt resumed for
the plaintiff. He said the Police Board
could not give the State Democracy tne
third column on the ballot. As that col
umn had already been otherwise assigned
by the Secretary OF State.
"One must give way declared Mr..
Leventritt. which shall IL pe-the Police
Board or the Secretary OF state? 1t Is
asserted that II the State Democracy is
not allowed the third column. assigned
1t by the police commissioners, there VIII
be a great loss Of votes. But "a graver
question is involved. If the state Demo-
cracy is allowed this place, the question
arises: Would the votes so cast be legal2
Would those who voted that ticket not be
DISTINGUISHED. by having their ballots
thrown Outy'
Corporation Counsel Scott followed on
the part OF the Police Commissioners.
He raised a question as to the technical
90 10. f.v. Of
tiff. and held that Mr.. Fernbacher had
no standing IN the court. 1t was not
shown that he had suffered damage or
was entitled to redress Of any sort. The
law did not contemplate that any ire
sponsble party could come into court
with an application Of this kind simply
to see what disposition would be made
OF the case. Mr.. Fernbacher showed no
interest In this application. He did not
show that he was TO be hndered In voting
for any candidate, or that he was 70 be
deprived OF any right.
1T has been stated in the newspapers. q"
continued Mr.. Scott. that Mr.. Fern
bacher is backed up in this matter by ID
rival organization OF the State Democ-
racy. These statements are reinforced
by the appearance here of distinguished
gentlemen who narrowly escaped nomi-
nation for high office at the hands Of
this rival organization" and Sir. Scott
bowed profoundly In the direction Of Mr..
Leventrltt. who looked as il he were
annoyed.
If it is true that this rival organl-
cation is behind this proceeding" MIR.
Scott went on. "it is certainly a queer
spectacle We see. for the only result OF
the success OF this application would be
the loss Of many votes to the Demo-
cratic party.
THE Police Commissioners last year
were mandamused 70 do the very thing
that this year they have done volun-
tarily."
Mr. Scott quoted from court decisions
in which. under similar circumstances,
the Police Commissioners had been up
held in the course against which applica-
ton was now made, and said that the
amendments of 1895, to the ballot law
had made no change in the conditions
under which those decisions were render
ed Mr. Scott also insisted upon the I'M
portance OF the fact that the State De
mocracy had been admitted 10 participa-
ton in the convention at Syracuse
Mr. Macfarlane reinforced Mr.. SCOTS
arguments and then General Gardiner
had some thing TO say in support Of Mr.
Leventritt's assertions, closing the argu-
ment
Briefs were handed up by both sides
4 decision is expected from Justice Beach
within a few days as the question will
have TO be settled In order 10 enable the
Police Commissioners to print the ballots
10 time for the election.