New-York tribune., 1896-12-26
MR.. CHOATE'S WORK.
HIS RECORD IN POLITICAL SERVICE TO
HIS STATE AND PARTY.
EXPOSING DAVID b. HILLS PLOT TO STEAL TN
LEGIsLATURE-As PRESIDING OFFICER OF
THE CONSTITUTIONAL CONVENTION


THE CONSTITUTIONAL CONVENTION.
tFRoM THE REGULAR CORRESPONDENTS OF THE rRIBuNs1
Albany Dec. 25-Joseph II. Choate OF New-York
Is thus far the only avowed candidate Tor united
States Senator. AS such, his political career In
vtes the attention Of the Republican Senators ana
Assemblymen, who. being in the majority In tho
LEGISLATURE will elect the successor to David b.
Hill.
What has Mr. Choate done for the State or for
the Republican party which leads certain OF his
fellow-citzens to think him worthy OF the great
office held in former years by Philip Schuyler.
Rufus King Gouverneur Morris. De Witt Clinton.
Martin Van Buren,. William l.. Marcy, Sias
Wright Daniel s. Dickinson. william ii. Seward
and other eminent citizens of New-York! Lawyers
in response to this Question, would point TO MI.
Choate's remarkable career in the courts. ana
would declare that he Is the leader OF the New
York Bar: that is. the chief lawyer OF the greatest
State in the Union. But politicians and many thou'
sands of voters would desire to know whether Mr.
Choate had ever rendered any great political SER
vice to his State and to the Republican party.
1t is singular that so Mr.. Choates ex-
ceedngly able management OF the suits brought
the in 1891 TO prevent the theft OK fse-
publican Legislature by David II. Hill shouid DC
forgotten It is also remarkable with what ittio
appreciation even the political class now look upon
his successful guidance of the Constitutional Con-
yenton of 1894 in the conservative construction OK
new Constitution. Mr. Choate fought with such
strength in the Senate election cases Of 1881 that
Maynard's crime became odious In the eyes OF the
people Of the State and the Republican party was
brought back into power IL this State at the eiec-
ton of 1893 The new Constitution. by its leglsla-
tive apportionmcrt article. gave opportunity Tor an
honest election Of members of the Legislature; ana
that there Is a Republican Legislature now ABOUT
TO meet to elect United States Senator Is due to
that very legislative apportionment article OF tne
Constitution framed by Mr.. Choate and his friends.
In ordinary political times these ACHE EN- ,nts OF
Mr. Choate would be looked upon by practical pol
itcians' with the highest admiration, ana theS
would seek to bestow honor upon the statesman
politician who had accomplished them for the state
and his political party
HILLS PLOT TO STEAL THE SENATE
All readers OF political history well rememoef
the circumstances of Mr.. Hills plot In 1871 10
steal three seats in the State Senate; sumcient
number to give him majority In that BODY. The
election OF 1891 had been held and the eiecton
returns declared that eighteen Republicans ana
fourteen Democrats had been elected as Senators.
But Mr.. Hill knew how TO manipulate election
boards. In Dutchess County the election returns
were falsifed In Onondaga County loo votes
cast for the successful Republican candidate for
Senator were thrown out, on the absurd ground
that they bore the wrong Endorsement In another
Senate District Mr.. Hill made preparations to give
a certificate OF election TO Democrat VINO had
failed OF an election by 200 votes-bu his Repub-
llcan opponent accused or being inehsiDe
Everything pointed Mr.. Hill inspiring the
Democratic State Board OF Canvassers to issue
certificates OF election the three Democratic
candidates for Senator I'm the three districts as
sailed.
II was at this time with the Democratic State
Board Of canvassers about TO meet. that MI
Choate arrived in Albany. II on the night OF
November 30 tina. Mr.. Choate came to the capital
and rapidly gained knowledge Of tho critical con-
dition of affairs. Like true political general ne
at once assailed the enemy The following MORN
Ing December l. 1891. going before Justice Ed
wards. OF the Supreme Court at Troy. he submitted
affidavits showing that the State Board OF Cam
yassers was about meet and that II plain
~ intended to accept as genuine the fraud
ulent Mylod election return from Dutchess Coun-
". He said to Justice Edwards: "A gross outrage
upon the suffrage is being attempted" He fur
ther declared that the object of the false Mylod
return regarding the result of the election in
Duchess County was to get into the hands Of the
State Canvassing Board an election return that
was not legally and properly made The evidence
showed that the fraudulent attempt OF the Dutch
ess County canvassers was in danger Of succeed
ing No other return could come from Dutchess
County unless this were corrected II was already
being tabulated I'm the State tabulation. The court
for the vindcation OF justice should lay its hands
upon both boards. II the State Board went on and
canvassed the returns including this fraudulent
return from Dutchess County. the remedy would
be gone
Justice Edwards granted order against the
State Board of Canvassers TO show cause before
him at his chambers In Hudson on Saturday. De-
cember ,, why perempory mandamus should
not issue directing the Board OF State Canvassers
not to canvass the vote OF Duchess County on
the false and Illegal certificate filed with the Board
OF State Canvassers by John J. Mylod.
The legal conflict thus instituted by Mr. Choats
regarding the Dutchess County Senate District
case extended by him so as TO cover the other
Senate districts. lie had Hill fought at Hudson.
at Poughkeepsie. in Brooklyn. In NewYork. and in
Syracuse. The conflict at last came to common
centre in Albany December Z. 1891. when Mr..
Choate obtained from Justice Edwards five writs
OF mandamus prohibiting the State Board OF Cam
yasscrs from deciding any OF the election cases
until argument upon them should he heard
by the Court of Appeals and that court should give
its opinion upon them.
II was Mr.. Choate and the 'ate Isaac II. May.
rard who made the stipulation taking the elec-
tion before the Court ot Appeals. When the
election cases were heard Mr. Maynard interposed
some technical objections to the argument OF tho
Republican counsel. Mr. Choatc thereupon. ad-
dressing the Court. said
'If the Court will glance Mt tho stipulations
made by the State Board OF canvassers and by
ourselves In order TO carry these cases by rapid
transit methods to this high court. It will notice
that they are written I'm a broad spirit These
questions OF disputed elections were not to he set
tied by technicalitics or by appeals to 'echnica-
ties They were to be decided on their substan.
tial features"
MIR. CHOATES VICTORY.
Mr. Choate won his chief case. that OF the XVIII
Senate District. and the Court OF Appeals direct
ed the State Board OF canvassers not to consider
the illegal Mylod return. Mr.. Maynard had In.
terccpted the true return. taking It from a table
I'm the room OF the State Controller. lie also sat
in the room and saw. without uttering a word Of
remonstrance. the State Board OF canvassers. IN
disobedience OF the order Of the Court Of APP
peaIs canvass the false Mylod election return from
Dutchess County and give the certificate OF cleo
ton TO the defeated Democratic candidate for