New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-10-05
IN BAD COMPANY.

The Hon. Augustus Van Wyck was until
few days ago Justice Of the Supreme Court
of this State, having been projected there by
the Constitution in the reconstruction OF our
judicial system from an inferior tribunal. Now
he has given up the administration Of justice
to become the associate In political campaign
of a man who has been declared by the court
whose processes he has recently professed 10
uphold TO have been an election thief and n
contemptuous violator Of its orders. In the
year 1901 Elliot Danforth. who Is running for
Lieutenant Governor on the same ticket with
Mr. Van Wyck. was q member of the State
Board OF Canvassers which fraudulently count
ed a false election return from Duchess COun-
ty and constituted the stolen Legislature which
gave Edward Murphy his present seat in the
United States Senate. He was one Of the con-
sprators who committed the crimes against
the ballot which drove Maynard from public
life In disgrace and which overwhelmed David
b. Hill in n storm Of Indignation when first he
dared to ask the suffrages Of the people after
helping Maynard to remove the official records
OF the Duchess vote from the State offices
where they had been legally filed.
II Mr. Van Wyck cares to know what hon
est men, reputable lawyers and upright judges
think OF the acts of Danforth and Hill and
the Others on whom he is now smiling APP
prevail let him hunt up the records Of the Bar
Association Of the City Of NewYork. let him
take down his familiar law books and read
what his fellow-jur both on the Supreme
Bench and in the Court Of Appeals have said
about the theft Of that Senate seat II may
interest him TO recall what fellow-Democrat
and his own colleague In the Second Depart
ment. Justice Cullen said Of the way the people
were cheated by the State officers. In his
opinion in the Storm Emans contempt case he
said
The returns were not before the Board OF
State Canvassers not because of any defect
in the transmission, nor OF dsobedience or
an order OF the Court (oy Emans). but becau%n
Of the action of the Secretary OF State Frank
Rice) the Governor David p. HID. and the
counsel Of the Controller Isaac H. Maynard,
the returns were taken from the several public
Offices where they had been properly received
and were given TO Mr.. Emans.
Elliot Danforth was the associate Of these
men. He knew that the correct return had
been properly received and should be counted
He knew that it was not in his hands at the
meeting OF the Board OF Canvassers only be-
cause il had been stolen by Maynard. He
knew that the Court of Appeals had ordered
tho Mylod return to he disregarded. Yet lie
proceeded TO canvass the Mylod return, though
no know his associates had frauducntly dis
posed OF the return declared correct by the
or of Appeals. After ne had committed this
flkld proceedings were instituted to punish him
foy contempt Of court. In the New-fork Re
ports an account of that case Is given. and 1t
Is said that ION the evening Of the day the de-
.cison and order OF this Court commanding
"thc making OF n correct return was handed
down. and before the remittitur was filed. Tie
estate Board met and proceeded TO canvass Tie
Votes for Senator, using the Mylod return.
For this dishonest count made In violation OF
the order Of the Court Of Appeals and made IN
haste In the hope OF trifinc with the judicial
process. though the members of the state Board
had previously stipulated In taking an appear