New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-15
LOW PETITIONS APPROVED.
THE POLICE BOARD ovERRULEs GRUBER
WISE AND THE REST.

LOW PETITIONS APPROVED.
THE POLICE BOARD OvERRULEs GRC1ER.
WISE AND THE REST.
Efforts to throw out the candidates on the
ticket of the Citizens Union by showing that tho
certificates Of nomination presented to the
Police Board for a place on the official ballot
were legally invalid were unsuccessful yester.
day after several hours Of argument before
the Commissioners. The Board maintains that
the certificates of nomination are regular within
the meaning Of the statute, and that they should
stand Counsel for the protestants asserted
that the matter would not rest where the Board
Of Police left It. but that it would be taken to
the highest courts for final judicial decision.
The hearing was held In the trial-room at
Police Headquarters. and the little room was
pretty we'll filled with spectators Both SIDES
were represented by counsel, and the fulIest
scope for presenting the various phases OF tho
question at issue was allowed by the Commits
sioners. President Moss, Of the Police Board,
was the presiding officer Abraham Gruber.
Otto Irving Wise and General Kneeand acted
as counsel in behalf OF the protestants Of the
Republican party, and Horace E. Deming Simon
Sterne and Joseph Larocque represented the In
tercsts of the Low ticket.
GRUBER BEGINS THE ATTACK.
Mr.. Cruber opened the hearing for the protest
ants He said that the certificates OF the Citi-
zens Union were invalid in that they have been
made and executed contrary TO the provisions
OF the law in many Of its most essential require
ments He contended that the certificates or
the notaries alta ,hed 20 the various sheets con-
tanning the names Of the slgners Of the petitlon
did not prove that these sgners were really the
nersons they purported TO be. and held that
clent. according to low. lie also argued tha'
tho notarial certificates did not distinguish be-
tween the signers who had made oath TO their
signatures and those who had afhrmed an"
thar such lack Of distinction was fatal To 'nP
legality of the whole proceeding.
But the law knows distinction between
oath and affirmation" interjected Commissioner
Parker.
Mr. Cruber insisted however that his CON
tenton on that point vas correct. he also sdih
that the notarial certificate should have IN
cIuded in il the names of those that had signed
the petition. that there might pe no oouo'
AS TO the identity of the signers. thus leaving
no opportunlty for deceit. fraud and forgery
The Low certificates. Mr.. Gruoer said' also
were invalid in that they failed to comply with
the law governing the filing Of certificates lie
said that hundreds of names were found on the
nana,s which had not been written by the pur-
ported signers themselves. but were only marked
with a
WAS il intended by the statute said the
LAWYER. that the president OF great uni
yersity should be nominated py men ho' aO''
n write their own names?
ALLEGED FRAUDULENT NAMES
,..,,,sa, ,ben went on to insist that many OF
the names on the Low petition were fraudulent
he n
stand TO prove his contention After wis
,orod conversation with his colleagues, Presi'
da,, Moss said that the Board did not wish I"
hoor such testimony and denied Mr.. Gruoers
.ior IN hc permitted to introduce such testi-
mony.
Nr Wise made a long argument In wnicn ne
elaborated the position taken by his colleague
He insisted that no fewer than two hundred ano
rfty names oil the Low certificates were fraud
uent saving that many OF them mao oeeh
written by the same hand and that many had
been written by the same hand as coming from
the same house He instanced seven names.
all in the same handwriting, he contended ana
ALL coming from the sar.e house In Delancey-st.
He urged that many spaces on the various pages
Of the certificates had been left blank ana that
there was nothing to show that vast numoer
of names had not been filled In after the notaryS
Signature had been appended. Devoid OF these
fraudulent names, Mr. Wise argued, the peti-
tion failed far in having the required two
thousand names. Counsel then insisted tha'
the protestants be permitted to introduce testi-
monv TO prove the alleged fraudulent character
of the names.
THE MOTION ovERRULED
President Moss overrued the motion TO intro
duce such testimony. saying that the charges OF
fraud were too vague, and that the opposite
side had not been informed that they would ne
comnalIed to meet any such matter. MI Wise
minated that the protestants had not received
oil the facilities needed to further their interests
at the hands Of the Board. and said that tney
had asked for two hundred subp9nas. whlcn the
President Of the Board declined to give them
Mr. Moss said that the Board had no time 10
rsten to the testimony Of two hundred Wit
rssses in such a proceeding. but that he had
granted counsel twelve subpPnas whlch ne
Moss deemed amply sufficient
long discussion between coCnsel on ootu
Sides and the Commissioners followed on the
question of taking testimony to the fraudu-
lent character of the signatures. Commissioner
Parker was especially interested in the matter,
and questioned both sides carefully. He SAID
that he was willing to admit that the argu-
ments thus far presented had failed TO convince
him that the Low certificates were irregular.
hut he was not SO clear the subject OF the
fraudulent nature Of the signatures. He ended
his remarks by Offering this motion:
Il move permit the protestants TO intro
duce affirmative evidence Of fraud In the making
up of the certificates and that subp9nas fcr