New-York tribune., 1898-10-06
PLOT DISCOVERED.
ALLEGED ATTEMPT TO HAVE ROOsh-
WELT DECLARED A NONRESIDENT

cALENpAR-wHAT THE BOOKS SHOW
A deliberately illegal scheme. engineered ny
Tammany law officials to have Colonel Roose-
velt the Republican candidate for Governor y.
New-York. by surreptitious order ootaineu
from the Supreme Court declared resident
Of the District Of Columbia. is believed 10 nave
been unearthed by Colonel Roosevelts attor-
news The plot as II s openly called. OF tne
Tammanvites was to put the Roosevelt tax case
on the Supreme Court calendar, although sep
tauber 81 the last day for fling notes OF ISSUE
had expired and actually 10 take the caSe i''
court without the knowledge Of Coionei Noose
velt's lawyers They hoped to get )uos'ne"' ''
default thereby. and to persuade TIE supp e''
Court 70 issue an order declaring that 'he Nc
publican nominee was not resident VI '
State II is alleged that on Octoper 'hoi'
was no notice Of the Issue being filed IN the
records of the clerk OF the Special Terfn' p"'
that after the record had been examined Ids.
Saturday by James A Speer OF the nrH ~
Roosevelt & Kobbe. without finding any "em
ton of the case. the document was "doctoreu
by erasing the record Of another case anu III
serting that OF Colonel Roosevelt.
When Mr. speer on Saturday. in consequence
OF the appearance Of notice in the La"
Journal" intimating that Colonel RooseVei'
case would come UP for hearing on the follow
ing Monday went to the Special Term clerk
Office 10 ascertain how IT came that the case
was on the calendar without his firm receiving
the usual notification as provided by law-Wnlcn
REQUIRES that notice Of trial must ne served on
the opposing parties fourteen days oerore '"e
first day Of the tern-he could obtain no sa'is-
factory reply TO his inquiry. Mr.. Speer demand"
ed to see the note of issue. and II was hanoed
to him. stamped September q. 1898, and was
numbered 215 in red ink. Mr Speer asked II
there was any other record to show when TINS
note Of issue was received. The clerk produced
q book wherein there is acknowledgment ot
the fees received With list Of the cases in the
order in which they are filed
COULD FIND NO ENTRY
In this book on Saturday. October l. MT
Speer could find no entry referring to the Noose
Welt case. or Of the payment Of the Fee "hlcn
should have been paid by the Corporation 'oui
sell on Monday morning Mr. Speer went asain
70 the Special Term clerk. and. once more Sc
curing tho book which he had looked over on
SATURDAY. h found that in the mean time some
one had written in the Roosevelt case. and that
the entry was numbered 215 to correspond
with the figures on the note of issue .,,a
II NAV be pointed out that eacn pasr ~ . eli
hook is divided into five columns. In the nrsl
column is the number Of the case, IN me seo
ond is the title Of the case, IN me mn ~ a. a.
the names of the plaintiffs attorneys IN Ine
fourth are the names Of the defendants al'u'-
neys and In the fifth is the amount OF me
fee paid. The numbered y" was INA, =.
THE People against 7. L. Feitner Fresldent
OF the Tax Department.: Hawke a r. =.
Whalen: So on Saturday, Octooer l. cases c9aya
Nos pa and 2l5 were the same as 10 20;
The columns opposite these numbers merely hsd
been filled in with do ditto. Mr Speer diS-
covered that since he had first seen the oo'K
the dttos following the number 10 nad perh
~. I<ne a-salf ~ n
serted In addition 10 this between the lines
213 and PA a line Of eitto marks had oeen cen
fee column. This interlned case was NO. Zlo IN
the Hawke & F. cases before the number was
given to Colonel Roosevelts case. The money
account as shown on this page is S3 less than IL
should he II the fee in Colonel Roosevelts case
had been added Moreover, in the back OF the
book is voucher issued by John A Wrede'
treasurer Of the Controllers office. FOR the sum
of SS25 Had the fee for Colonel RooseNelt
case been duly recorded the sum which Mr.
Wrede would have receipted for. it was pointed
out would have been SS2s instead Of $50
This discrepancy together with the erasures,
in the opinion Of Colonel Roosevelt's counsel.
sufficiently prove that the record was doc
tored."
APPARENT PURPOSE OF THE PROCEEDING.
James A. Speer. when Yesterday by a
Tribune reporter after detailing the above facts
went on 10 say that II was evident that me
note Of issue had been illegally filed after Sep
temher 81 and added TT would seem that
the purpose of the whole proceeding was ~ get
the Supreme Court, without our knowledge. 10
grant an order declaring Colonel Roosevelt a
resident Of the District Of Columbia Then, in
all probability, the political cry would have
been raised that the Supreme Court had decided
that Colonel Roosevelt was not resident Of
this State and before could have appealed
from the decision the election would have been
over"
Mr.. speer said he did not know what action
would be taken in the matter.
Elihu Root. when seen, referred The Tribune
reporter to Mr. Speer. but in reply to inquiries
said. The whole thing certainly looks queer.
and should be ventilated to the fullest extent
When asked II he would take any steps 70
bring those responsible for the doctoring' 10
account, Mr.. Root replied only by 2 significant
shrug Of the shoulders.
Ferdinand Glaser the clerk Of the Special
Term and George H Fahrbeck the Deputy
County Clerk, both insisted that the note Of
issue FLED on September p. The note it
self was seen, but II bears only the vague date
September. 1895 The excuse given for the
insertion Of the Roosevelt case after October
| that the clerks of the office had omitted
to enter II at the proper time. and that the
error was rectiied as soon as II was discov-
cred
The law is said 10 have been violated in three
ways First. by the clerk Of the court in ac-
cepting the note of issue and in placing the
on the calendar after September 81 second in
placing II upon the preferred calendar, which
he had no power TO do. and. third in having
the calendar printed in the official paper with
this case on il. Besides, the action Of the Cor
poraton Counsel in falling 70 serve notice of
trial on Colone. Roosevelts counsel on or before
September 10 is a matter which cannot easily
be explained
1t is understood that Colonel Roosevelts law
yers intend 70 bring the case to the attention
OF the Bar Association
JAMES X APGAR FOR THE ASSEMBLY.
REPUBLICANS OF THE lid wEsTcHEsTER DIS
TRICT NOMINATED HIM YESTERDAY
The Republicans Of the lid Assembly District
q Wesfchesfer Inef at Crnfon Dam vesfnrdnw 10