The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-05
TO PUNISH PRIMARY FRAUD.
ATTORNEY GENERAL WILL NE ASKED
TO pROSFCUTE.

-
sheehan's Appeal to Supt. McCulinRh bears
Immediate Fruit An Extraordinary
Term OF Court and Extraordinary
Juries May he Convened II Necessary.
Superintendent J John McCulagh ofdhe Metro
politan Election district announced yesterday
that he would appeal to Gov. Roosevelt and
Attorney General Davies this week for the
calling Of an extraordinary term OF the
Supreme Court and extraordinary Grand and
Petit Juries. for the purpose VI considering
frauds committed at the polls on primary day.
Sept 10. Mr.. McCullagh said yesterday that
no had collected evidence OF violation Of the law
by ten men In the Ninth Assembly district in
which John G. Sheehhn defeated the Croker
forces under the leadership OF Councilman
Frank J. Goodwin and Thomas +. Smith; and
In the Twenty seventh and Thirty-fourth dis
tricts In the Twenty district John
Sabine Smith alleges that the workers for
James W. Perry who defeated him. used money
to bring about his defeat. In the Thirty-fourth
district Coroner Anthony McOwen. who tried
to wrest the leadership Of the north half from
Park Com m issioner Moebus. charges that
Percival Nage. the leader OF the south half
prevented the distribution OF McOwen ballots
in order to help out Moebus.
Superintendent McCulagh has Investigated
anumber OF the cases OF alleged violation OF
the law personally. and he said yesterday that
no was CSuuuent tIlul He Woulu NC dDIo " pIink
about q number OF convictions OF election ofnc-
ers. workers and possibly some policemen.
There 10 also some evidence that certain high
Tammany man was implicated in some OF the
frauds. Every effort will be made to get case
against him, Mr. NcCulagh's attention was
called to the frauds officially on Monday. when
he received this letter. dated Oct. q
the many Violations Of law that occurred in the
9TH Assembly District on the 18th OF Esptem-
Der last. the Annual Primary Election Day. ac-
primary election laws Of the State were numsr,
STeaches aW Is proVdsd Tor the s%S
Code. and il seems to me that all such cases
aided and abetted in their efforts to override
to me that iftho Cases are err pSsSsd
seh pass may be sp9sght to the
handing you herewith enclosed statements
yoa9s 81 "a" ses part
evidence can be supplied II necessary. and evil
cent? hSp a" sf the p %sS S %
a VIOLATIONS q , ths primary Law were not con-
many wilfnI abuses OF the law occurred in other
parts OF the city. to which understand your
j.. Election officers are appointed for year. and
those who are now, officiating in the Ninth As
coming election, The, way In which they. ne.
elected their duty and and the 0psn and defiant
trampled upon the rights of citizens should
hasten action that will lead to their speedy
Illegal Offences Respectfully yours. ''' '"'''
JOHN @. SHEEHAN.
supt McCullagh replied the same day as fol-
lows:
DEAR SIR: beg 70 acknowledge the receip.
my attention to the violations OF the Primary
Election law at the annual primary election on
evidence sustaining the charges therein made.
| beg to state that the evidence su omitted by
Of the Penal Code relating to crimes against
the elective franchise substantate the investi-
cations made by ths ONCE In relation to the
You are correct in the assumption that my
against the elective franchise whether at pri-
mar hs or The election and since my attention
%tte de %nGer ' File the Psna Gods
6sres my duy Il st sv oSs
attention OF the Governor and the Attorney
General to these violations OF the elective fran,
sdvs
for an OF The Court
OF grand and petit Jurors before which such
as the Attorney General shall direct. together
shall designate ono OF his deputies to represent
this ofics in The prosecution q such cases.
iou'o heSPcS'luiy' pohN LlAtH.
Supt. MoCullagh has already consulted At
torney-General Davies Any action which
may be taken will be under Chapter 300 OF the
Laws OF 1885, which says
Whenever the Governor shall advise the At
torney- General that he has reason to doubt
whether In any county the law relating to
crimes against the elective franchise is properly
enforced. the Acknowledgement shall require
It shall be the duty Of such District Attorney
forthwith to make TO the Attorney General a
andeT 1s Of the Penal S GO cod pa's and nd
II such county shall. be one Of the counties
included pidf within the hMstroP2ten Esotons
1909, tho Attorney General may require from m
the state Superintendent Of Elections, and it
report OF prosecutions within such county |
during the year then a!t past for such offences |
up9n complaints made by said Supsrintendeut
Guided within the Motror@Itnn EIectio ils' dis is,
trct the Attorney General may. whenever he !
deems it advisable and shall. II so directed by |
the the SoUernor assign s one Of his deputies to
Elections and to take charge OF prosecutions
s IN such county, under saIq Title Of
the people Of this State in all such prosecu.
lions when directed by the Attorney Genera
Elections to aprear therein. before all mncis- |
trates and in all courts having cognizance
thereof: and such deputy shall act as special
counsel and adviser to said State Superinten-
dent Of Elections In the performances OF his
duries. "
Whenever tho Attorney General shall advise
tho Governor that there Is occasion for an .x-
traordinary term in any such coun' y 10 inquire
Into and try cases arising under said Title s OF
the Penal Code. the Governor may appoint an
extraordinary term Of the Supreme Court =
ltshall he the duty OF the District Attorney OF
the county and the assistants. clerks, and en-.
ployees In his offlce. and OF all police authori-
ties, officers. and men within such county to
render to the Attorney General and his del uty,
whenever requested. all all and assistance
within their power 10 such prosecutions and in
the conduct of such ca.es