New-York tribune., 1901-12-29
DECISION FOR BELMONT.
ELECTIONS BOARDS ACTION
TO BE FOUGHT.
MURPHY MEN SAY THEY WILL TAKE 1T
TO THE COURTS-MAY FLOCK
TO LINDINGER.

1
didate for Congress in the With District, to
sioners of Election. by vote of 3 to l. having
decided in his favor last night, after prolonged
session.
Commissioner John Mcclure. of Brooklyn.
voted with Commissioners Page and Dady in
sustaining the objections to the certificate of
Councilman Joseph f. O'Cirady who backed
by Police Commissioner Murphy and Richard
Croker. The Elections Commissioners ordered
that the nomination of Belmont be filed and his
name be placed the official ballot under the
emblem of the Democratic party.
The commissioners were in executive session
three hours. Those who favored Belmont held
that the nomination of O'Grady had not been
made In accordance with law or with the usages
of the Democratic party. Commissioner Voor-
his voted in favor of sustaining OGrady. The
board also threw out the nominations of Hoag
and Ward. the Prohibition and Social Demo-
cratic candidates. on the ground that the
ventions which placed them in nomination had
not been held in accordance with the law.
When the news reached the Belmont head
quarters, in the Astor House, the Belmont men
shouted and danced for joy.
Mr. Belmont's troubles are not over yet, how
ever, Fritz Lindnger a saoonkeeper at Mas
sau and Liberty sts is still in the field, and the
anti-Belmont men likely flock to him in
shoals. Over in Richmond there is another
Democratic candidate, in the person of John r.
Bennett machinist. who says that he will re-
ceive at least one thousand votes.
Belmont will win,' said John C. Sheehan TO
a Tribune reporter. when he heard the decision
of the Elections Commissioners.
Il haven't anything to say" said Commits
sioner Murphy, when informed of the decision
at his house last night. II don't know what
the anti Belmont men will do until 1 have
suited with them.'
Battery Dan" Finn. who has been on the
Belmont side from the outset. happy and
eloquent.
In the words of Oliver Hazard Perry, the
hero of the battle of Lake Erie and an ancestor
of our candidate. We have met the enemy and
they are ours" said Judge Finn.
When Tom Foley the leader of the lid
Assembly District, at the Democratic
| Club last night. and told of the decision for
Belmont. he said, The news greatly surprises
me, but I do not think the courts will sustain
the action OF the Board of Elections The mat
ter will be carried TO the courts Immediately
and vigorous fight made against the nomina-
ton"
LEser FRS FRIENDS HOPEFUL
MFR Croker was not at the club.
With three Democratic candidates in the field
the friends of Montague Lessler, the Republican
candidate. are confident that he will win. Rich
ard Croker is In no mood to witness complacent-
ly the triumph OF Perry Belmont after what has
passed between them. The election OF one Re
publican is a matter OF little consequence to him
compared with the humiliation of Mr.. Belmont
Doubtless the order will go out to all Democrats
to support the regular ticket headed by Bel
mont but it will not be obeyed, because Muir
phys men know just what Mr.. Croker expects
of them.
Mr. Belmont after receiving the news of the
decision of the Elections Commissioners. said
that II was what he expected, and that he was
certain of election.
The dispute between the Belmont and O'Cirady
factions occupied nearly the entire day before
| the Commissioners of Elections yesterday.
Wheeler H. Peckham and Professor Collin. of
| Sheehan Collin appeared for Mr.. Belmont
while Colonel Asa Bird Gardiner represented
Councilman O'Grady. All the elections commits
sioners were present, and President Voorhis oc-
cupied the chair. Messrs. Mayer and Hutchin-
SON of the Law Committee of the Republican
County Committee, were present at the hearing
Colonel Gardiner opened for the O'Grady side
by attacking the legality of the records of the
Belmont convention filed in the Election Bu-
reau. The law. he said. mandatory in pro-
viding for the filing of the sworn records of the
convention within forty-eight hours. which had
not been done by the Belmont men.
| Professor Collin replied that the main ques-
ton for the board to decide was whether
majority of the lawfully chosen delegates to the
| convention desired the nomination of Belmont or
! O'Grady
| Professor Collin quoted decisions of the courts
| to show that the will of the majority of a con-
vention should be followed in determining the
| regular nominee. and not overturned on account
| of techncalites Mr. Peckham followed Pro-
hot fha aIi
of the convention by Walsh was the result of a
conspiracy to prevent the majority making a
| nomination.
PROTEST AGAINST LINDINGER.
The elections commissioners also took up a
protest by Jacob Godstein against the inde-
pendent nomin alton of Fritz Lindinger. Joseph
T. Martin, a lawyer. appeared for Goldstein.
w b Crisp looked after the interests of Lin
dinger Mr. Martin asked permission to read
an affidavit which had been made by Goldstein
It was granted, and Martin then read the af-
fdavit which a long attack upon Colonel
Gardiner. Godstein that he was ap-
preached by two men. who offered him a posi-
tion in a winehouse at salary of $1,000 a year;
that he went to Colonel Gardeners office with
the men, where proposition was put to him.
They said then. he alleged, that they would
give him a position with the Pennsylvania Rail-
road at a salary of $1,000 year.
Goldstein went to say that he was intro
duced to a lawyer named Schwarzkopf who is
In Colonel Gardeners office. He was then told
number of political acquaintances, but that he
must not dabble in politics. He told them that
he had filed protest against the nomination of
Fritz I.indinger but the men told him. he said
acfa ant haf thnr OH fha