The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-27

:9-yackson.
O-McCaiYreV.
5l-peInsteln. Tam.
5e-uobbs, Tam, and kerns.
~ Holloway.
"a Schulz, Tam. and Terry.
&-Sherldan.
All that are left on the Independence
League ticket. as far as could be figured
out last night, are:
CONGRESS-.
Dis,.
IA charles L. Shober.
l6-F. y. Harrison, Tam.
SENATE.
is|John 7. Mccall. Tam.
90. J. Frawley, Tam,
ASSEMBLY.
Nv. II. Burns. Tam.
Il 7. {. Mcdonald. Tam,
e0-GeorRc Schwegler, Tam.
s2-R, J. Wagner, Tam.
24-tames V. Ganlv.
Is T. Tompklns, Tam. and J. NJ. Dorney.
81, Prince. Tam.
There is a peculiar condition in the
T~wentv-ffth Assembly district, where the
court dismissed the objections to the petit
tons of both Tompkius and Dorney
thus leaving two Independence League
men in the field.
In tn Eighteenth Assembly district
Mark Goldberg, the Tammany candidate.
had filed an Independence League petition,
but it was dismissed. not for defects in
the petition itself but because. as the court
declared, there was nothing to show that
he really had the Endorsement of the In
dependence League.
The Goldberg and one OF two similar
rulings were interpreted by the lndepen-
dence League lawyers to mean that the
court considered no man entitled to nom
mate himself by petition as an Indepen-
dence Lacquer unless he had the indorse-
ment of the executive committee OF the
league.
This ruling may have considerab le weight
with the Board of Elections when the time
comes for preparing the list Of candidates
whose names are to appear on the various
tickets on the ballot. At the same time
some Of the league candidates whose null
tiple petitions went through the Board OF
Elections without objection, and who con-
stitute the remains of the league loca
ticket, are wondering whether the board
will not balk at placing their names on the
ballot because of the courts decision in
the Shober case.
Lawyer Palliser treasured those who
spoke to him on that score by telling them
that as the time for objections has passed,
the board is no longer vested with dis
erection and may be m-andamused to place
all names on the ticket that rightfully
belong there.
Charles F. Murphy said yesterday after
he heard the decision of the Appellate
Division that he thought the effect on the
IA NlNhtl NOuiu bt HllklN. VI sNul DhN
said that the voters who wished TO vote for
Hearst and the rest Of the State ticket
would now vote solidly under the star.
At the Gilsey House last night particular
pains were taken by Mr.. Ihmsen and Others
of MIR. Hearts, TO let the idea
90 out that in preparing the petitions as
they did they were merely following prece-
dent. They repudiated with emphasis the
suggestion that the battle they had put up
against the Tammany candidates before
the Board of Elections and in the Supreme
Court was a mere sham struggle.
A statement handed out by the law COM
mittee declares that the decision of the
Appellate Division would not affect he
State ticket or any case not before the
court and hat the Use of the name and
emblem was not affected. II was added
that the decision was not only revolution
ary. but that if sustained by the Court of
Appeals would mark the death Of future
independent movements.
III the ruling of the Appellate Division
be correct, y the statement declared, MIR.
Low was never elected Mayor of New York
city. Mr.. Coler was not elected president
OF the borough of Brooklyn last year. nor
was Mr.. Bermel elected president of the
borough of Queens at the same time and
the opposing candidates of those grentle-
men would be successful in an action to Gust
them from office.