The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-28
HEARST'S SAY WAS ABSOLUTE
AND QUINCY DID NOT GER IT
on MS PETITION.


fNptWAUS WI WV NNNhN ~
Lawyers for the seventy odd I~ndepend-
ence League candidates who were sum-
marily knocked on the ticket by the de-
cision Of the Appellate Division on Friday
were very busy yesterday making out
the necessary orders and getting them
signed in order that they might appeal.
Herbert r.. Limburg, who was more or less
in charge of the squad Of lawyers, said
that he had been in communication with
Chief Judge Cullen Of the Court " APP
peals. who has the power to direct a special
session Of the Court Of Appeals in an emer-
gency.
Judge Cullen told Mr.. Limburg that he
would heal argument at his home. la Will
low street, Brooklyn, on Monday morning
on an application for a special session to
be held Tuesday afternoon. and MIR. Linn
burg seemed convinced that the special
session would be held and the appeals dis
posed of at once.
1t is within the power Of Judge Cullen to
direct that the special session be held in
the court room Of the Appellate Division.
either in Brooklyn or in this department,
an as tn facilitate and expedite the appeals.
Daniel +. Cohalan, chief counse tor the
Tammany candidates who had filed In
dependence League petitions, and who suffer
equally by the decision with the tr1Ie blue
~leaguers, was asked yesterday if be had
figured out a complete list of the mel h
we're knocked out and those who were
left on. He said that the list printed in
yesterdays Z was absolutely correct,
except that Tompkins. the Assembly can
didate in the T~wenty-flfth district on both
the Tammany and Independence League
tickets, is thrown of the league ticket. In
consequence Dorney is left alone on the
Independence League ticket in that district.
An important decision in connection with
the election cases was that rendered in the
case Of Franklyn Quinby, the Independence
League candidate running in the Eighth
Congress district, where Senator Riordan
is the Tammany candidate. This decision
knocks out Quinbv on three counts first
because he had beer nominated on a null
tiple petition, second because he had not
enough signatures and third because he
had not the Official Endorsement of the
executive committee of the Independence
League. Quinby charged that he had filed
enough signatures, but that many pages
Of his petition had been stolen after he had
filed them with the Board Of Elections.
IE Nv hHAAAA AeAA'' AAhN' - fNAA'
concern itself with this charge, as there
is not sufficient proof Of its truth.
As to the Endorsement of Quinby, the
decision lays down the rule positively that
only such candidates as are officially APP
proved by the executive committee are
entitled TO have their names appear on the
ballot under the scales emblem The de-
cision reads in part:
We are of the opinion that when an
independent body of the kind and nature
that the papers in the numerous proceed
in0s disclose engages in nominating Candi-
dates for office, and there is established an
organization consisting of an executive
committee for the whole city and local
committees for the various smaller political
divisions, With proper officers, engaged in
a common purpose Of nominating. the All
davits of the executive officers of such an
independent body are competent evidence
as TO whether or not particular candidates
are the legitimate candidates of such body,
or mere intriders endeavoring to obtain
the benefit of a party name and emblem
heretofore established by others. Certainly
in the absence OF countervailing evidence,
the afidavits Of such executive officers are
enough to justify The Board of Elections
in determining that the candidates in whose
favor they are made should be put on the
ticket, to the exclusion Of others which
sold officers repudiated.'
Mr.. Quinby, however, has made a state
ment in which he expresses confidence in
the good faith of the executive committee
and their desire to have him nominated.
Some Of the fallen candidates were at the
Gilsey House yesterday and more than one
of them was heard to say that they had
been made the victims Of "A procedure which
was so obviously illegal to such experts on
election laws IA are in Mr.. Hearsts employ
that they could not think other wise than
that the action Of the Appellate Division
had beer anticipated by the very men who
were protesting to promote the league
nominations.
THAT is a ridiculous charge TO make
Max F. Ihmsen, Mr.. Hearst's campaign
manager, said. Our petitions we're in the
form in which il has always been the custom
to prepare them and our lawyers, who are
well versed in the intricacies OF the election
laws say that they followed precedents
which have been upheld by the courts in
the Court Of Appeals can fail to reverse the
ruling of the Appellate Division
MAY DETERMINE RESULT OF ELECTION"
The letter Herbert r. Limburg on behalf
Of Mr.. Hearst sent to Chief Judge Cullen
asking for an early hearing said;
With the exception OF the judiciary cases
one question was involved in substantially
every case before the Appellate Division
and the decision there rendered may be truly
regarded az revolutionary. '
IL il directly contrary to what was de-
NlANu Wy II NBlFNAAANV ~ hFAbh ~ hHR fB'NchA
Department in the matter OF Wise. IOs App.
Div. last year and IL brands as illegal sub
stantially every ind pendent certificate OF
nomination fled since the enactment OF the
new election law.
The certificates which the Appellate Divi-
sion has declared to be illegal were in the
Identical form of those that have heretofore
been approved and been in universal use.
IL is not going too far TO state that If this
decision be upheld 1t marks the death OF all
independent movements in future. for it will
not only be "A physical impossibility TO get
up a complete set of nominations for candi-
dates for all Offices under the rule laid down
by the Appellate Division. but this would
involve an expense many times as great as the
regular party organizations are accustomed
to spend for a campaign.
The decision OF the Appellate Division IL
so sweeping that 1t may very well determine
tn e entire result OF the election.
RROOKLYN FOR HIGHEG.