The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-31

Hete OF independents League NOMINATIONS
we are Of opinion that the certificate of the
first Judge Rolsalsky's) fled under that
title was entitled TO preference. provided
that under the provisions of section SO
Of the election law il was flee by the sam
independent body which had made the
State nominations. Whether the electors
who Joined in the first certificate or those
who made the second certificate were the
same independent body presented n ques-
ton Of fact on which the decisions OF the
courts below conclude us,
SIN the remaining cases We are OF the
opinion. despite the Horcetul arguments on
behalf OF some of tho appellants, that the
objections filed raised issues Of fact, the
determination Of which rested with the
Board Of Elections, subject to review by
the Supreme Court in both branches. With
such determination we cannot interfere,
a. the order in each of these cases is silent
as TO the grounds IN which it proceeds.
Therefore. il may have been based on a
question OF fact applicable to a case where
the Appellate Division has reversed as to
one where il has affirmed.
THE other cases passed upon by the
Appellate Division which we're not decided
by the Court Of Appeals were those of
Tammany candidates who were ruled on
the Independence League column They
underworld to-day to get the Court of
Appeals TO hear their appeals, but Chief
Judge Cullen refused to do no. both because
Of lack Of time and because they were
already on the Democratic ticket and no
opposing candidate would appear on the
Independence League ticket.
Necessarily many legal acts needed TO
r. $500 raAwn akN AA,sctDna Af fhn
Appellate Division had to be waived on all
sides. and counsel agreed among them
selves 10 waive all such difficulties. All
these agreements were kept, except in the
case Of John &. Coleman. attorney for
Representative i. Van Vechten Olcott,
the Republican candidate for Congress in
the Fifteenth district against Joh J
HaIliRan. tho Tammany candidate. who
also wants to get on the Independence
League ticket.
Mr.. Dooling, counsel for Ealligan. said
to-day that Mr.. Coleman had waived notice
of appeal in this case yesterday, but to-day
in court Mr.. Coleman said he had not, 20
Mr.. Halligan's name will not he in the
Independence League column.
Yesterday Justice Mclean threw out the
Independence League nominations of Frank
Hendripk for Congress in the Thirteenth
district, Peter r. Begg for Senator in the
Seventeenth district. and james NJ. Daney
for Assembly in the T~wenty-ffth district,
because they were on a multiple certificate
Of nomination. Now that the Court of
Appeals has upheld the multiple certificate
Justice Mclean will ne asked to change his
decision.
There was an anxious crow of attorneys
and candidates for Office in the Court OF APP
peals courtroom when Chief Justice Cullen
announced the decisions OF the court. An
unusual incident was the reading Of the
courts opinion from the bench by Judge
Gray.
From go o'clock until 9 O'Clock this
afternoon the Court of Appeals, which had
convened in special session for thisp purpose
alone, listened to arguments in the appeals
growing out Of the litigation arising from
the use Of multiple independent oertif-
Gates Of nomination by the Independence
League candidates for Representatives in
Congress. Senators and Assembly men in
New York county and "a to whether Rosal-
sky and Breen or Brady and MoAvoy
should go on the Independence League
judicial ticket.
Because Chief Judge Cullen had decided
the Court OF Appeals would hear appeals
only in cases where the multiple certii-
cate principle was involved. or where a
candidates name would not get or the
ballot in any column unless his independent
nomination certificate was upheld, appeals
only in twenty-nine of the seventy nonlinat-
ing certificate cases decided last week by
the Appellate Division came within the
purview of the rule laid down by Judge
Cullen. Yet il was said the Appellate
Division would be asked for rehearings in
the balance Of the cases and for decisions
in accordance with the construction Of the
election law az laid down by the decisions
OF the Court Of Appeals handed dow to-
night.
The scene in the court room was an inter
estinR one. There were a score of attorneys
and candidates present and the court room
was crowded with spectators. When the
arguments were concluded at 0 O'Clock the
court ut once went into consultation and at
7 O'Clock took an hours recess for dinner.
Then the Judges came back to the Capitol
to agree upon their decision tonight.
David B. Hill and Louis Marshall made
the main argun ents in favor Of the recog-
milton Of the multiple theory, although Mr..
Marshall and Charles L. Cohn were more
particularly looking after the interests OF
their friend. Representative Henry NJ.
Goldfogle, who want to get in the indie
pendence League column as well as in the
Tammany column. Frank s. Black looked
after Judge Rosalsky's interests. The
Judge was also on hand.
Mr.. Black contended that Judge Rosalsky
had the call for a place on the Independence
League ticket no matter what view the
court took Of the situation as to him.
Daniel r. Cohalan and John T.. Dooling
represented Tammany and Abraham 8.
Gilbert s~afeguarded the interests OF Re-
publican candidates. Judge Charles +.
Brown and Charles L. JQpes for the Judiciary
NOminators contended that neutrality-suspicious.
League as a corporation had no authority
under the election law to name judicial
candidates, while Herbert Lmburg, who
il general counsel for the Independence
League in these proceedings. insisted the
league itself made no nominations but
they we're made by the members Of the
league in accordance with the statute.
senator Thomas F. Grady and his would-be
:. Independents League competitor, Assem-
blyInan Thomas 2. Rock, also we're present.
A. A. Welles stump represented the In
d~.SeIdence League candidate in the Twen-