New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-11-07
GARDINER GETS AN ORDER.
MAGISTRATE OLMSTED TO APPEAR IN
THE SUPREME COURT TO-DAY.
LONG Ep1sTr,r TO VARIOUS OFFICERS FROM
THE DISTRICT ATTORNEY ABOUT DELAY
IN SERVING FALSE REGIsTRA-
TON WARRANTS.

AZ q result Of Magistrate Omsted's refusal on
Saturday to allow District-Attorney Gardiner then
and there to inspect the afIidavits upon which were
based warrants for the arrest OF persons whose
registration Is alleged to be Illegal an order to
show cause why permanent mandamus should
not he issued compelling the afildavits to be shown
WAS served last night upon Magistrate Omsted
at his home in West One-hundred- and -forty-sev-
enth-st.
The order Is returnable this morning In the SUI
rreme Court Part | OF the Special Term. Mag's-
trate Olmsted says tina, ne did not decline to show
the afNdavts 70 the Distrct-Attorney but only de-
clIned TO do Il the time the request made Elihu
Root will appear in court counsel for Magistrate
Olmsted
District-Attorney Gardiner yesterday scot 10
Chief Devery, 10 John McCullagh. state Superh-
tendent Of Elections and to Thomas + Wentworth
OF the Board OF City Magistrates. a letter saying
that I'm former years much injustice had been
done in delaying the serving of warrants until
Election Day the result being that men who had
right IN vote we're confined until /. was too late
for them 10 do so.
He declares that many such warrants have been
issued this year and have not yet been executed.
and saws that adavits OF alleged Illegal registra-
ton when based only on information and belief,
are not sufficient. Colonel Gardiner goes on to ex'
press the fear that many Of the warrants issued
are Withheld from service in order to deprive quail
fled voters OF their elective franchise or 10 ntmi-
date such voters"
The District-Attorney wines up his long epistie
by declaring that he will protect every lawful voter
and will present to the consideration Of the Grand
Jury whomsoever may be concerned In the unlaw-
ful arrest or Illegal detention OF such voter In
this city.
When Chief Dcycry got his copy Of Colonel Gar
diners remarks hs sent to each police captain
copy thereof and III, following Instructions:
TIE above copy OF a communication which have
this day received from Asa Bird Gardiner, Dis
trict-AtforneV Of the County Of NewY York. Is for
warded to YOU for your informant ton and guidance
The substance OF said communication is that II IS
unlawful t. delay the execution of warrants TOT Il
lega! registration. -
your command to have such warrants executed
forthwith and the cases adjudcated before the day
Of election to the end that no person who may be
unius,ly or through clerical or other error charged
with Illegal registration will be deprived OF his right
to vote or jnterfered with in exercising that right.
WILLIAM :. DkVERY. Chief Of Police.
MAGISTRATE Joseph VI. deuel.. president of the
Board Of Magistrates. sent a letter to District
Attorney Gardiner yesterday. refuting the latters
contonticns Magistrate Deuel. denies the District
Attorneys charge that warrants for Illegal regis
tration are being purposely held 10 prevent men
from voting and cites the cases Of l25 men who
were arraigned in Fourth District Court on
SATURDAY charged with Illegal registration.
on belief and information, and says the District
Attorney and the courts should work in the most
nerfect harmony. on behalf OF the Board OF city
MAGISTRATES he pledges their enforcement OF the
law absolutely unbiased by partisan considera-
tons.