The sun., 1896-10-16
NATIONAL DEMOCRATIC PARTY.
The Court OF Appeals to Decide To-day II
Il ShnM HIVE Place on the Bnllot.

The Court OF Appeals to Decide To-day II
IL Shall Have Place on the Ballot.
ALBANY. Oct 15.--The question of the right
OF the Democratic Party Reform Organization
to party column on the official ballot, under
it's new name of National Democratic party,
was up for argument to-day before the Court Of
Appeals. The case came up on an appeal from
yesterdays decision of the Appellate Division OF
the supreme Court In Brooklyn, where tho
Judges by q vote Of three to two. In the Brook
lyn case. decided that the Gold Democrats
could use their newly chosen name. Almet f.
JenKs and Asa Bird Gardner appeared for the
appellants and Edward NJ. Shepard for the
Gold Democrats. who are the respondents. Mr.
Gardner represents the Democratic State Com
mittee.
Counsel asked the court II q decision could
not be had before Tuesday next. Chief Judge
Andrews said the court would endeavor TO hand
down a decision tomorrow. Samuel S. White
house and Corporation Counsel Burr OF Brook
lyn also appeared with Mr.. jerks for the
Brooklyn Board of Elections, and former Dis
trict Attorney James w. Eaton of Albany with
Mr.. Sherard. Among the interested listeners
to the arguments were st. Clair McKelwny and
and James d. Bell, the latter representing the
regular Democratic organization in Brooklyn.
The case on which this appeal is based arose
by the refusal of the Brooklyn Board Of Elec-
tons to give place on the official ballot to
Everett Greene. who was nominated in the First
Kings County Assembly district BY the National
Democratic party, which had changed its name
from that OF Democratic Party Reform OrGani-
zation. The Brooklyn Board OF Elections de-
cided that the political party name OF the
National Democratic party is substantially
the same as the name Democratic party, and
infrinRcs upon the right of the use thereof by
the political party known as the rcRu-
lar Democratic party; that Greene's GER
titcate Of nomination was not party
certificate OF nomination. Justice Clement
reversed the determination of the Board that
Mr.. Grccnes certificate was not u party certii-
cate within the meaning OF the Election law.
but affirmed the determination that the party
nominating Mr.. Greene was not entitled to use
the name = National Democratic party" Tho
Appellate Division affirmed the order of Justice
Clement so far as 1t reversed the determination
order so far as 1t affirmed the determination Of
the Board OF Elections, and has expressly re-
yersed the determination of the Board of
Elections adverse to the use in Mr.. Greene q
certificate Of the name National Democratic
party"
The argument was opened by Almet F. jerks
for the appellants. His address was practically
a repetition OF that before the lower courts.
Democratic party would mislead voters who
wish to vote the Democratic party's ticket. Ed
ward VI. Shepard replied. and Asa Bird ardner.
representing the Democratic state Committee.
closed the argument for the appellants.
WATERTOwS. y. V. Oct. l5-County Clerk
Pierce. after hearing arguments on protest.
has decided to print the names OF the gold
Democracy's local nominees on the official bal
primaries. IL was n new party. and was. there
fore. not governed by the same rules which
would control in old parties. and under which.
II this were an old party, its proceedings would