New-York tribune., 1896-10-20
FAIRCHTLD HAS APPEALED'
THE CONTEST IN THE XvITH> DISTRICT
GROWS HOTTER.
A STAY OF JUSTICE EDwARDs's ORDER GRANTED
ro v,pc,up-wARp TRYING TO HAVE 1T
vAcATED-wHICH ONE WILL

y
TO FAIRcIITLD-wARD TRYING TO HAVE IL
vAcATED-wHICH ONE WILL
PALMER REcoGNIzE7
Albany Oct 19.-An exciting CO. test Is being
v.ged between the Republican candidates ior
Congress- in the XvIth Congress District, COM
nrisnr Westchester County and part OF Ne"'
York CITY. Both candidates are In Albany to'
night with an imposing array OF counsel ea'"
endeayoring to get his name on the ohciai oa'o'
as the regular Republican candidate
A week ago Secretary Of State Palmer dec'ueo
that BENJAMIN l.. Fairchild. the present |on'
cressman was the rer.:larly nominated 'epu"-
e., odid.te lillian j. Ward is the other
candidate. Judge J. Rider Cady and Judge
Cadman OF Hudson, and III. z. HehueI S'''' "
ewRochelle appeared before Justice Edwaros
at uudson last week. and secured all oroer re
versirg Secretary Palmer's decision ana direct
ing him to place Mr.. Wards name on the oN'c'a'
ballot instead of Mr.. Farch.ids.
General Benjamin f. Tracy ana hope'' c'
Shcerer of this city, represent MT farcn""'
They fled to-day with the Albany county N"'"
a notice Of appeal to the Appellate D'V'S''" '''''
Justice Edwardss decision.
Mr. Ward has been here with his counsei all
day and they we're canped out in the once Oh
the Secretary Of State until midnight, expec'hs
that Mr. Fairchild would endeavor 70 se. o.,
order staying the proceedings or 'he SCI Thni,
of State under Justice Edwards orue'. , - n,1ht
fcars we're fully realized. At 10 o'clock to-nignt
Congressman Fairchild arrived here WITH ota.G
Committeeman Ten Eyck. of New forK. anu
they had with them their much-desireo oIuei.
7, was granted late this afternoon by Justice
Mclean of New-YOrk City. staying all Pro,
ceedings under Justice Edwardss order uh'h
October rs. Co.,
This order was Immediately served upon Secre-
tarv Palmer and ne came down from his house
to the Secretary Of states ofhcc M. ora.a aa
child's lawyers asserted thatthiS LETT the SecIe-
tary of state free tn act under his originai oe-
c.son in favor OF their client. This was the iast
day for changing the certificates or nomination
fled with the Secretary OF stare aLd to.l,o,au"
he will certify to the County Clerks throughout
the State the names of the various candidates
which are to 20 on the official ballot III tneir
respective counties. Mr. Wards counsei assert
cd that the Secretary of State could not act
under Judge McLeans stay until he received
further orders from the Court.
The Secretary Of state consulted with Attor,
ney- Ceneral Hancock. but at Midnight he said
he would not determine what acton he would
take in the matter until morrow.
Mr. Wards lawyers will cndeavor to get an
order from another Justice OF the Supreme Court
vacating Justice McLcans order.
Congressman Farchd said II was the duty
of the Secretary Of State tn certify his nam" to
th. County Clerks Of New-iork and Westchcs-
ter at the earliest possible moment and IL is
expected Secretary Palmer will do this. II an
order is not served on him vacating the stay.
Lieutenant 'iovernor SaXton and James X
Apgar with Mr.. Ward tonight Much
feeling was exhibited tonight between the OPP
posing forces. and an interesting time is looked
for when Secretary of State Palmer announces
his decaion
rhe following telogrem from AIr. Farchd. da ed
nj Albany. received by The Tribune last night
Don't mistake my position. Ny contest IL excu-
sNely 10 maintain my rights for 4 place upon the
| ballot. At event ! remain a Republican. and
VIII support the Republican ticket. whatever name
may appear there. BEN l.. FAIRCHILD.