New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-08
. CONTEST STILL POSSIBLE.
CONAN CAN APPEAL TO COURTS IF
COUNT SHOWS CUNNEEN ELECTED.
PRESENT DEPUTY ATTORNEY GENERAL
MAY BE MADE LEGAL ADVISER TO THE
GOVERNOR IN CASE OF DEFEAT
IBY TELEGRAPH TO THE TRIBUNE

tBY TELEGRAPH TO THE TRIBUNE
Albany. Nov. T.-Republican State officials are
afraid tonight that Henry B Conan. Deputy
Attorney General, the Republican candidate for
Attorney General, has been defeated. and that
John Cunneen. of Buffalo, the candidate jointly
of the Democrats and the Prohbtionists, has
been elected. dispatch from New-fork was
published here tonight in The Albany Evening
Journal" which is owned by William Barnes, jr.
chairman of the executive committee Of the Re
publican State Committee. containing tabula-
tion of the votes by counties for Attorney Cen
eraI The dispatch stated that the semi-of1cial
figures compiled at the Republican State head
quarters. in New-York, indicated the election
Of Mr. Cunneen by a plurality of 3,191 votes
Mr.. Conan, who arrived here from his home
in Morrisville. this afternoon, examined the
table OF the vote. and said that in some re-
spects Judging by his private advices. IT was
correct, but in others it was incorrect lie
added that it was plain that the Prohibition1sts
all over the State had voted the straight Pro
hibition ticket and thus had voted for Mr.
Cunneen. as we'll as for the party's other can
didates.
1t NAV be remembered that Mr.. Cunneen was
nominated for Attorney General by committee
of the Prohibition State Convention. and that
Secretary of State McDonough refused to accept
the certificate Of nomina tion taking the position
that the election law prohibits the nomination OF
the candidate of one political party by com
mittee Of another party. Then representative
Of the Prohibition party's committee Appealed
to the courts. and Judge Bischof. OF New YORK
Of the Supreme Court, decided that the nonnlna-
ton was legally made and Mr.. McDonoush
must accept the certificate. Nh Conan was
advised to have the Republican state Commit
tee appeal from this decision. but he discovered
=, r6aH pafN
Day. and. therefore. did not authorize an ap-
peal to a higher court.
II was said to-day by a lawyer that. under
decision Of the Court of Appeals Mr. Cowan
could still appeal from this decision OF Judge
Bischoff and have the courts decide whether or
not the ballots cast for Mr.. Cunneen by the
Prohibitonists should be counted. The votes
~ the Prohibitionists for Mr. Cunneen could
also be contested II was said before the county
boards OF canvasssrs. Mr.. Conan. when asked
to-day whether he would contest the right OF
Mr. Cunneen TO a certificate Of election as At
torney General. replied: Il don't care to say
anything on the subject Of contest until have
had further information about the election.
II Mr.. Cunneen is elected Attorney General. II
is probable that Governor Odeu will no longer
ask that official for his advice on the bills
passed by the legislature. 1t could hardly be
expected that Republican Governor would
wish a Democratic Attorney General TO give
him advice on bills passed by Republican leg
islature The Governor has had such advice
g., - him BY Attorney General Davies and
Deputy Attorney General Conan. and thus has
saved the salary OF legal adviser. But the
Governor has the authority, under Chapter 664
of the Laws Of 1900. 10 appoint legal counsel
at a salary Of 5000 a year.
There is a suspicion that IL Mr.. Conan Is de-
feated for the Attorney Generalship he may ne
appointed legal counsel TO the Governor. Mr.
Conan is well qualified for this position by abil-
ity legal knowledge and intimate acquaintance
with the acts passed by the legislature for sew
eral years While II is generally believed here
that Mr.. Cunneen Is elected Attorney General.
there is no positive knowledge OF it.. and until
the official figures show his election the Repub
ucan leaders will not Concede II.
There is a general acknowledgment by the
Republican leaders that Judge John Clinton
Gray, the Democratic candidate for judge of the
Court of Appeals. is elected. His plurality is
believed TO be about $4,000.
Elliot Danforth, of the Democratic State Com
mittee said that Cunneen would have plural
ity Of 1000 to 10000. Mr.. Danforth based his
estimate on kilograms received from chairTnen
of Democratic county committees who reported
that Mr. Cunneen had received virtually the full
prohibition vote. in addition TO the Democratic
vote.
Colonel George W Dunn is still doubtful OF
John Cunneen's election, and says Henry B.
Conan has chance. ''It will take the official
count TO decide said he yesterday. THE vote
IL, 81