New-York tribune., 1902-01-03
COURT UPHOLDS BELMONT.
JUSTICE SCOTT DECIDES THAT THE
LAWFUL DEMOCRATIC CONVENTION
NOMINATED HIM

The application made by Alderman Michael
Kennedy on behalf of ex-Councilnan Joseph F.
O'Grady for a writ OF certiorari to review the
action of the Board of Elections in issuing a
certificate of nomination to Perry Belmont as
the regular Democratic candidate for the With
Congressional District was denied by Justice
Scott, in the Supreme Court. yesterday.
Mr.. OGrady announced that he will appeal to
the Appellate Division and, if necessary, to the
Court of Appeals. The election will take place
on January Z. Justice Scott in his decision,
after reviewing the circumstances under which
Messrs. Belmont and OGrady were nominated
by different conventions, both of which con-
tended that they were regular declares:
The question involved is to the regularity Of
the adjourned convention at which Belmont was
had power to nominate Belmont the subsequent
first business of the convention should be to de-
terruine the composition of the convention. which
ed members are and how many Of them are pres
ent II then vote is to be tax IN upon any cues
to be attained, that vote should be taken by a
call of the roll or by some other method which will
indicate clearly and Enthusiastically whether a ma
ioTTity has voted for or against the cuestion
at this particular convention number Of persons,
and who had no right TO participate. Upon viva
W116 V%G V6s b a people might SGte 70 a9d GeI
mine how many votes on one side or the other Of
the question were given by delegates and how
that the motion to adjourn had been carried, al
tion that a majority Of the voices were for an
adjournment, was not equivalent to declaration
Since under the conditons tnen ii'T prevailing and
Chairman hs ooud Ho aGS po.y shs 9 3 taken n
jorlty Of the delegates present had voted in favor
vote is worthless as evidence of the fact and the
Board of Elections was justified in seeking. as the
court IS compelled TO seek, other evidence upon
the subject.
Justice Scott says that If the convention was
not legally adjourned it had a right TO go on
with its work. and that it appeared by the
af1davits filed with the Board of Elections and
submitted on the motion that at least 147 dele
gates had voted against the motion to adjourn.
remained in the hall after the meeting had been
declared adjourned. elected another chairman
and secretary and proceeded to make another
nomination. This number constituted a ma
jority Of the delegates. and If they did in fact
vote against the resolution to adjourn the mo-
ton was never legally carried. and they had a
right to disregard the chairman's declaration
regarding it. to remain and continue the con-
vention
Justice Scott deals at some length with the
qualifications OF these AZ men as delegates and
decides that they were duly accredited and
formed a majority of the convention. and were
therefore justified in going on with the bust
ness and making nomination
1T follows" he ends that the convention at
which Perry Belmont was nominated for repre-
sentative in Congress was the lawfully con-
stitUted Democratic convention called for the
purpose Of making a nomination for that Office.
The Board of Elections right in the de-
termination at which it arrived and this mo-
ton is denied"
Christopher Ward. through his attorneys, Hill
quit g. Hillquit applied to Justice Scott in the
Supreme Court yesterday for a peremptory writ
Of mandamus 70 compel the Board OF Elections
to place his name on the official ballot in the
With District under the Social Democratic
Labor party's emblem Ward claims that he
was duly nominated at a convention according
TO the requirements of the election laws
Assistant Corporation Counsel Butts, en- be-
half Of the Board OF Elections contended that
Wards political party had not complied with
the primary law. and he not therefore elist-
BILE as a candidate. Decision was reserved.