New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-12-21
PRICE THREE CENTS.
TO ENJOlN THE DELEGATES
JUSTICE sMYTH GRANTS L. H. JERoME's
APPLICATION.
AN ORDER TO SHOW CAUSE WHY THE MEN
CHOSEN IN AN ELECTION DISTRICT IN THE
XXXIsT SHOULD NOT BE RESTRAINED
FROM TAKING PART IN THE
ASSEMBLY DISTRICT
CONVENTION.

Justice Smyth in the Supreme Court yester-
day granted an application made by Lowell II.
Jerome for the delegates elected at the Repub-
lican primary in the Thirty-frst Election Dis
trict of the XXXIst Assembly District on the
evening of December II to show why they
should not be restrained from representing the
district in the Assembly District Convention this
evening. The application for the writ was made
on account Of the protest against the primary
by Mr.. Jerome, which disregarded both by
the officers OF the election district association
and by the Repubca. County Committee on
Organization. A portion Of the order OF the
Justice is follows:
ordered. that tho defendants, Samuel s. IIotch-
II. West Frank Moore and Joseph Loesd, and
each OF them. show cause at Special Term, Part
house in the City Of NewYork, on December q.
1891. lO:SO o'clock in the forenoon Of that day.
the said defendants and each OF them should not
be entoined and restrained during the tendency
ing to represent the election district aass asso-
sa9n yfst e Election the Rpssan p.4s Of Se < %x9 hs rh.
semby District in the City and Count County Of New, New.
York at df the e Of hs hpubGan a party
pointed 1r to be re- Sed on co Il @ s seet aee
Association. any adjourned meeting thereof.
and from in any way taking part In said conven-
District Association as such delegates and why
the plaintiff should have such other and further
relief to the Court may seem just
In the affidavit OF Mr.. Jerome. upon which
Robert ]. Fox his attorney. obtained the order
to show cause 1t Is declared that the boundaries
OF the election district mentioned had not been
changed from last year. and that while the Re-
publican rolls Of the district showed 1876 enrolled
members OF the district association the highest
Republican vote in the district at the last elec-
.Laa tatt
publican enrolment. Article No 3S of the con-
stitution OF the Republican County Committee 10
quoted In the affidavit to show that under the
constitution If the Republican vote at a general
election falls below the district enrolment the
district association must be dissolved 1t ie
declared that, in violation Of the constitution OF
the County Committee. the defendants were
elected at the primary to represent the district
association as delegates TO the Assembly Dstric.
Convention, and that before the primary was
held the plaintiff made formal protest against
the holding OF the primary. copy Of the pro-
test appears in the affidavit. 1t has already
been printed in The Tribune
The affidavit also declares that Mr.. Jerome
carried his protest TO the Republican Committee
on Organization but at the committee refused
70 take any action on the protest. a copy or
which appears in the document. II Is further
declared that In spite or the protest the dele
gates elected at the primary intend 10 attend
the convention Of the XXXIst Assembly District,
at which delegates 10 the Republican County
Committee are to be elected If those delegates
are allowed take part in the election OF dele
gates to the County Committee, the affidavit de-
cIares the plaintiff Will be injured and he and
other Republicans will be subjected to County
Committee elected contrary TO law and ieir
rights as members Of the Republican party will
be violated and infringed.
In reciting his attempts to have his protest
considered by the officials Of the Republican
County Committee. Mr.. Jerome declares thar on
December Il ne handed copy of the protest
to the chairman OF the Committee on Organiza-
tion. who said he would refer the protest to
Lemuel E. Quigg, the president Of the County
Committee. Mr.. Jerome's statement continues:
I then on the same day, called upon the Presi,
dent OF the said County Committee and requested
OF him that immediate action be tax n upon the
protest, notifying him OF the importance or pre-
venting the attendance OF these delegates AT the
convention Of the \NXIst Assembly District, and
Informed by him ;hat no action would be
taken upon the matter. and as am informed ana
verify believe action upon the said protest has
been taken by the said County Committee or by
mittee on Appeals On December Is 1897 | went
personally before the Committee on Organiza, ion
with said protest and they refused TO consider
the same. on December H. 1897, Lemuel +. Quigg.
thar the County Committee would take no action
on my protest. and that neither the Committee on
Organization nor he Committee on Appeals would
take action thereon.