New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-29
NOCHANCE FORTHE ROOSTER
JUSTICE BEACH DECIDES AGAINST THE
STATE DEMOCRACY.
an APPEAL TO BE TAKEN TO THE GENERAL
rrRM-ANoTHER DECISION EXPECTED
ro-MoRRow-PRlNTING BALLOTS
UNDER DIFFICULTY.

ro-MoRRow-PRINTING BALLOTS
UNDER DIFFICULTY.
,u.,,ce Beach. of the Supreme Court. yesterday
~.ve a decision by which the action OF the Police
commissioners lin giving the third column Of the
o,rcisl ballot to the State Democracy ticket. and
o,aer,ng the names of the Democratic candidates
,or state officers be printed under the rooster
rhem In the column, is declared to be Illegal As
I'm as the nature Of the decision made
Known Corporation Counsel Scott made arrange
,rents TO appeal from the decision and have the
.,se argued again before the General Term OF the
Supreme Court tomorrow morning. special hear
ing for the purpose having been granted. The
General Term will give its decision In the after
man and the Corporation Counsel expects that
the decision of Justice Beach will be overrued
The decision OF Justice Beach was on applica-
t,on by Nathan Fernbacher. a Tammany lieutenant
in the XVIIIth Assembly District. who asked for
an injunction 10 restrain the Police Commission
ers from printing the OF the Democratic State
candidates under the rooster emblem. The case
was argued before Justice Beach last Friday. Col
onel Asa Bird Gardiner, David Leventritt and H.
D. Hotchkiss appearing for the plaintiff, and Cor
poration Counsel Scott. Wallace Macfarlane and
George Walton Green opposing the motion for the
Injunction. Justice Beach asked 70 give
decision on Friday evening or Saturday morning.
A the Police Commits soners had been informed that
the work Of printing the official ballots could not
be completed in the time required by law unless
Justice would not give his decision until this week,
however, the Commissioners by advice Of the
Corporation Counsel went ahead with the printing
OF the ballots. and over half million of the ba.-
lots had been printed when the decision of Justice
Beach was made known yesterday. These ballots
will be waste paper II the decision OF Justice beach
IS not overruled.
In any event. the decision OF Justice Beach may
prevent the printing Of the required number Of
ballots for the election this city. no more bal
lots Of the form which were being printed on Sat
urday. Sunday and yesterday morning can be
struck of until the General Term Of the Supreme
mean time, the Commissioners will have some hun
dreds Of thousands Of ballots printed IN the form
the General Term decides. there will be official bal
lots for most Of ths Assembly districts OF the city
ballots without the official Endorsements and num-
bers on the backs for use in the other districts
GROUNDS FOR THE DECISION.
Justice Beach, in his decision. says In effect that
the Secretary Of State has the power to decide as
to the form Of the official ballot. and that IL sucn
were not the case. local conventions. by adopting
. State ticket. without its legal emblem. could
multiply the ballot columns to an indefinite extent
tending to mislead the elector and nullfy the eg.s
lative effort for simplicity Of ballot and consequent
intelligent exercise of the voting franchise"
The Secretary of State the Justice says. certified
TO the Police Commissioners the names of the can
didates for State offices and gave the form OF the
ballot which the names Of such candidates APP
peared in the several tickets under the party en-
blems. He then continues 1T also appears that
the Board, In contravention and disregard OF this
certificate purposes TO devote a column in part 10
State candidates and an emblem adopted by local
candidates for local offices. and further to
dssced % CT OF State It Is
that such organization has not held State conven-
Secretary Of States se oce There is NO authory
either express or implied TO be found In the statute
or sernblance OF right reverse the effect. nufy
Or interiors with the ohcia action OF the Secretary
After noticing the section of the law which pre-
scribes the form Of the Official ballots and stating
lions oy factional conventions Justice Beach says
have aeteS IN 81 allowing to he
Democracy the use OF an emblem over candidates
be reversed, and the local candidates Of that or
ganization drregular. by the Judgment Of party
their emblem. without the names Of candidates fer
state oiees appearing before them The prayer OF
NEW BALLOT PRINTED
Corporation Counsel Scott had an interview with
the Police Commissioners early yesterday after
noon after the decision OF Justice Beach was known
and he informed them that he had arranged to ap-
peal from the decision. He said that he had talked
with some of the Justices OF the General Term OF
the Supreme Court and they had consented to give
a hearing on the appeal tomorrow morning and
give decision in the afternoon In the event Of the
decision of Justice Beach being sustained. Mr. Scott
said the Commissioners should be in position 20
carry out the order far possible. and he sug-
gesed that the printing Of the ballots In both forms
BE continued. He told that II would be impossi-
same time He then advised that the Commissioners
order that the printing OF the ballots with the State
be discontinued and ballots OF form to agree with
the decision OF Justice Beach be printed until the de-
ssd they NOVA ord 6 o Idsr %
oh "A he
they would not wait for the order of the Court but
They decided TO have the State Democracy ticket
taken. out OF the third column OF the ballot and
ticket and the Good Government ticket President
''Mr. Keiso. Of Martin b. Browns. tells that
10000 ballots with the State Denocracys rooster
on the top OF the third column have been printed
VII order the printer to stop Rnng the ballots
w,h the be and IN brd pary column
BY Wednesday night the printers can have $4,000
we expect a decision by the General Term ny
Wednesday night. The printer can then go anead
S Whichever -" way the Genera Term decides The
Corporation Counsel wanted us 70 go ahead and
one without the rooster. but that am Informed
by Mr. keso /, mernan rns M, % abI 70 eel
all the baIots ready between Wednesday night and
Election Day. The shortage vii however. only
natns the election and Assembly districts etc.
The face ~ The ballots will be al right
OPINIONS on THE DECISION
Fx-rudse Power said yesterday that the state
Democracy would have little trouble in polling
their vote however the hnsl decision may 60
we have on the ballot the column OF the Demo
cratic Party Reform Organization. whose emblem
is the full-riSged ship which contains all the names
OF our candidates. except our Senate and Assembly
nominees and William J. Browne for congress in
the KIN Congressional District. said ex-Judse
Power I'VE can put our cross in the circle under
the full-rgged ship. which will vote all our state
and rounty candidates and then We can mark our
district candidates under the rooster. for the worst
ina, IdZe Beach's decision do for us Il to pre-
Vent the printing OF the Democratic state ticket
IN the stale Democracy column ~
Wallace Siarfariane. United States Dstrcf-At-
torney who was associated with Corpora ton Houn-
sci Scott in the argument OF the case ssid SesteL-