The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-02
REPUBLICANS SEE A WAY OUT
MAY RECONVENE AND NOMINATE
NEW CANDIDATES.
Say the Convention Did Not Adjourn Sine
Die-H MIR. GrOut Desires TO Go to
Law TO Keep His Name on Their Ticket

lie VIII Find Them Ready for Him.
Timothy L. Woodruff. as permanent chair
man of the Republican city convention'
expects to issue call to-day reassembling
the convention at noon Monday, or pos
sibly Tuesday. so that Grout and Fornes
may be put of the Republican ticket and
other nominations made. This will be done
unless the programme changes.
The Republican leaders have agreed that
they can reconvene the convention on the
ground that it did not adjourn sine die and
that it's work was not completed. Minutes
OF the convention have been filed with the
Board Of Elections. These show that ~on
motion of Mr.. Crombie, the convention
then adjourned" Mr. Crombie recalls
now that when he made his motion to ad-
journ Chairman Woodruff said. Subject
to the call Of the chair and Mr.. Crombie
accepted the addition of those words
Mr.. Woodruff g recollection Of 1t Is the same,
and President Bruce OF the county COM
mittee said last night that number Of dele
gates told him they had distinctly heard
Mr.. Woodruf's injection OF those words.
Moreover, the convention had not COM
pleted its record. The law requires that
the minutes OF the convention shall be GER
tilted to and filed with the Board Of Elec-
tions within forty-eight hours. Secre-
tary Manchester got them together, but
could not get Mr.. Woodruff in time, 30 the
minutes as filed are signed only by Man
chester and are not certified to by any one.
A point was made that these minutes,
prepared by secretary who wanted to
alter the work of the convention, might
be so drawn as to show that Johnny Jones
had been nominated for Comptroller. So.
possibly, the law not only permits but re-
quires the convention to reconyene II it
is to make any nominations legally.
1t is on the point that the convention
adjourned subject to the call OF the chair
that second session will be ordered
The convention adopted as its rules the
rules Of the State Assembly. AS it ia within
the power of the Assembly to reconsider
its vote, so the convention will reconsider
its action In nominating Circuit and Fornes.
1t may be that Elijah r. Kennedy Of
Brooklyn will have the pleasure Of saying:
II desire to withdraw the happy language
with which placed Mr.. circuit In nomna-
ton a few days ago, and with your kind
attention will now proceed to call him every
thing else that's in the book Of adjectives.'
Candidates in place Of circuit and Fornes
can be named il it is agreed to displace
these gentlemen from the fusion ticket,
and these now minutes will be filed with
the Board Of Elections. No certificates Of
nomination had been issued to Grout and
Fornes, so the new candidates will have their
names certified to the Board Of Elections.
Mr.. Grout, the Republicans expect, may
take legal steps to test the legality Of the
reassembling of the convention They are
prepared to meet him on that question,
believing they can establish the principle
that for an offence committed after nomi-
nation political party has right to reject
candidates and take new ones when the time
for filing nominations has not passed
One of the most eminent Democratic law
yers in New York has advised Mr.. Grout' g
friends that the party has the right to re-
convene its convention.
Edward Lauterbach and Senator sberg
who had d good deal to do with framing
the Primary law, agreed that the Republi-
cans may legally reconvene.
1T is all plain sailing" said Mr. Lauter-
bach to Chairman Woodruff. -Inasmuch
as Mr. Crombie's motion was to adjourn
subject TO your call, the convention is still
in existence and has not forfeited its right
to reconsider any action it may have taken.
The only Judge Of the correctness of Il de-
Lucrative body's minutes is that body
itself. You will call the delegates together
and read the minutes, and if they do not
state Mr.. Crombie's motion to adjourn
properly, as it was made, the conv ention
will correct its minutes. Furthermore, the
record OF your convention will not hu, &
passed properly to the Board Of Election s.
until you have affixed your signature with
the secretary's."
Mr.. Lauterbach also cited the Nash case
Simon A. Nash received nomination
for the Supreme Court from the Demo-
cratic convention of Erie county in 1901
That convention adjourned for two days,
and when it reconvened it reconsidered its
first action and took Nash's name from
the ticket Nash fought the matter in the
courts and was defeated. The clause in
Justice Keneftk's opinion in the Nash case
which, the Republicans believe, will apply
to the CIRCUIT and Fornes case il as follows:
Any action taken by city nomin ating
convention, a deliberative body, may be
rescinded by II before final adiour nment
e. a. q denomination for on office: and, gen
orally, where such II convention determines
u political question. the court viii not reverse
the determination. unless it is shown to have
been the result OF fraud or oppression,
Mr. Woodruff was asked last night what
the Republicans would do if the Citizens
Union decided to support Grout and Fornes
In spite of their Tammany connections.
I'VE are not considering that at all,
he replied, because there is no question
but what the Citizens Union will drop
both Circuit and Fornes."
The Republican camp was informed
last night that the executive committee
Of the Citizens Union had decided that
Grout and Fornes should be put off the
fusion ticket, but that the final decision
on that point should be left to the Citizens
Union city committee, which is to meet
tonight
After the committee has acted in the
matter Chairman Woodruff will call the
Republican city convention together to take
the same action.
None of the Republican leaders seemed
to be at all disturbed last night because Of
the muddled condition OF things.
Chairman Woodruff declared that Brook
lyn would give Low bigger majority than
any candidate hos ever had there.
Mr. Woodruff said that IL was too early
to talk about candidates to succeed Circuit
and Fornes The Citizens Union will name
the new candidates. and the tentative slate
that was being considered last night was
Joseph c. Hendrix or Julian d. Fairchild
for Comptroller and H. A. Metz for Presi-