The daily morning journal and courier., 1906-10-27
INDEPENDENCE MEN ARE
 RULED OFF THE TICKET
DECISION OF APPELLATE DE- VISION OF NEW YORK SU-
 PREME COURT.

By It the Greater Number of Candidates
 Nominated by the League for Con-
 eress, the Senate anG the Assembly
 Are RemOved-Finding of the Court
 Based Solely on TechnicaIities-Coun-
 sel for the League Files Application
 With Court of Appeals.
 New York, Oct. 26.-The appellate division of the supreme court review ing the decisions of the board of cleo tions on contested nomination cases in New York county to-day handed down a decision removing from the ticket the greater number of candidates nom- mated by the Independence League for congress, the senate and the assembly. In few instances candidates named will have place on the ballot for the reason that objection to their candida cy was not made within the prescribed time.
 To these will be added several against whom no protest was entered. In still fewer cases candidates will have place. not under the balanced scales, the emblem of the league, but in another column below a distinctive symbol
 The decision affecting these local nominations are based on technicali- ties, the petitioners in each instance failing to observe the letter of the law.
 Counsel for the league announced to- foI1+ ho 1,o 7o5 aVa oraD1fNo tion with the court of appeals at AL bany, and which to-day took recess until November F, asking for a special session of the court, at which the rul- ing of the appellate division may be argued.
 In another decision the appellate di- vision upheld the contention of the league that as 1t was a corporation, its executive committee had the right to say who should be placed on the league ticket, the court holding that the only judiciary ticket to appear un- der the balanced scales was the one authorized by the league managers. This bears the name of Matthew F. Breen for the supreme court and Judge Otto LA. Rosalsky for the court of gen. eral sessions. This leaves the leagues judiciary ticket intact except that Breen has declined the nomination, causing vacancy in the ten places for judges.
 The petitions in which the name of John J. Brady and Francis s. McAvoy had been substituted for those of Breen and Resalsky were declared void by the court, but Brady, by this decl- sion, Is allowed to have his name on the official ballot in another column and under new emblem.
 The wholesale removal of democrats and independence league candidates who ought to appear on the official bal lot under the emblem of the league, was based on the opinion of the court in which the five judges concurred, but only petitions of candidates for dis trict that is conterminous are legal.
 This issue of multiple petitions" was raised by counsel for the republican candidates and by representatives of the Judiciary nominators.
 By the term of multiple" or "com- bination" petition Is meant petition wherein a duly qualified voter writes his name as nominating more than nne man, that is, men for more than one office. A common form of such peti- tion was one wherein nominees were named for congress, the senate and as sembly. The argument of counsel for the Independence league before the court was that to have had three sepa- rate petitions drawn up and circulated would have involved great expense for independent organizations, and that, moreover, there was no necessity of compelling a citizen to sign his name three times to separate petitions in- stead of once to one petition The court, however, held that such combi- nation petition was illegal and that the only petition which could be accepted as an independent nomination was one wherein all of the signers nominated but one man.
 The only candidates that the decision declared had right to be under the league emblem was Francis Burton Harrison in the Sixteenth congression- al, James J. Frawley in the Twen- tieth, Senator Leopold Prince in the Twenty-second assembly and J. Vim cent Ganley in the Twenty-fourth as- sembly.