New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-12-02

/ the ltd DlStTlCt WCStCncStcT TOuNTy,
| and decided by the Safe Convention, held in
August last, not decided upon the merits,
| but that the decision of the committee OF the
State Convention having under consideration
the said contest decided the same without con-
sideratiOn of the merits and simply in accord
ance with instructions given 10 said committee
by parties having control of said convention.
That the said Louis f. Payn was member of
| the Committee on Contested Seats in SAID con-
vention. ard in that way knew Of the motives
and reasons actuating such decision. peponent
| therefore alleges thai the decision Of the State
Convention not decision upon the merits
Of the contest. but was simply an arbitrary ex-
ercise Of power on the part OF said convention
General Tracy said in his brief:
In addition to the evidence produced on be-
half Of Fairchild. showing the regularity or the
proceedings of the lid Assembly District Con-
vention at Tarrytown which appointed or erect
ed the delegates who attended at fonkers' we
have the further fact that the regularity OF that
convention has been approved ana lndOrseo py
the highest political authority in the state, TO
wit the State Convention the judicial ConVeh-
ton and the State Committee.
STATE COMMITTEE AND STATE CoNVEN-
TION.
The Court Of Appeals accepted General
Tracy's view that the Republican State Com
mittee Is q sort Of coordinate court. ana gov
erns In fact State courts by Its decisions IL
decided in Fairchds favor
Judge Celora F. Martin in his opinion on the
remarkable case said. and his judgment ~
worth reading:
That the State Committee and state Conven-
ton OF a. party are Its regularly constituted au-
thorities there can be no doubt In TINS case
whether a majority Of the delegates IN me On
gress District favored the NOMINATION. 90
Fadrchild depends solely upon the regularity OF
the election of the five delegates elected ID the
lid Assembly District Of Westminster county
In that district an Assembly Distrlc' oont on,
tjon uaa regularly called. Before It's orSailMa-
.;or however dispute arose between the dele
gates and two separate conventions were Vi
Canized. each OF which elected deIesntes I" .nc
state Convention. delegates 10 the JudlcldI I'm
vention and delegates 10 the congress Con
vention for the XVIII District when the N'a'e
Convention assembled the delegates eiecteu ny
aach NJ those two conventions appeared helofc
tha state Committee and the State convention
and claimed seats in the latter. me cohtcs!
arising out OF the situation was mrs. oiu .'h
10 a hearing before the state Comnllt,ee; "h,H,
af,er considering the matter. decided tnat ,he
Assembly Convention which elected oeiesates
who were favorable 10 Fairchids NOMINATION
was the regular and properly organized us
trict Convention. and that the delegates eleCtcu
nv II were the duly and properly electe" ~ ~
gates. This contest was theh oIousm, aestn
the convention. where the matter was asaIh
Investigated and considered. and the coh'en-
zion reached the same conclusion. x,..
~ &. much more proper that questions which
..i..a - the regularity Of conventions. 10 tho
domination OF candidates and the constitution
~ conmittees should be determined ny inc
regularly constituted par'y rH' con-
have every question relating to a caucus con-
rontion or nomination determined 10y the courts
" 80 tberefors OF the opinion that the action
y, ,ba state Committee and OF the state Con-
,antion should be regarded as controlling ana
,bat tho courts below were not tustned IN holo-
ing that Ward was properly nominated. as u
&c manifest II the action OF the state CohVen-
ton Is 10 control, majority OF 'ht pioPr,.'
elected Congress delegates Of the NNlth DIS
trict voted for the nomination OF Fa'rch'ld'
POWER UNwIsELY USED.
The Republican State Convention under THIS
decision OF the Court Of Appeals. therefore. has
enormous power in respect to saying who snail
he the regular" candidates Of the Republican
marty for any ONCE In the State. But although
II has the power It cannot be said that us ex-
erc,se of this power has in any way proved
source Of profit 10 the party. what mas oeeh
the result Of Its and Mr. Platt's meddling with
the actions of the Republicans ~ Westchester
Countv3 Nothing but mischief and loss 10 the
party Where the Republicans had three As
semblvmen from Westminster County In the As
sembly OF 1901 they will not have one in the
Assembly Of 1905 There will be three Demo-
Gratis from Westchester County the coming year
in the Assembly Moreover. the Republican
party Of Westchester County. In consequence OF
this invasion by Mr.. Plat and his licutenants
has become full Of dissension. So great IS the
that the Republican party will lose both the
Senator and the three Assemblyr.en OF the
county in the fall Of 1898 The author OF this
great party loss. II it occurs. will be Thomas C.
Dlott