New-York tribune., 1906-10-26
HEAR PETITION CASES.
T0orhis Intimates That There Wds
Crooked York ON Them.

Inc Appellate DIVISION or the cuHAehie OO~A N"S
yesterday to hear appeals from the decisions OF
Justices Greenbaurn and Dowling on the Board OF
Elections cases. The session began at II O'CLOCK,
with Presiding Justice O Brfen and Justices Laugh
lin, Ingraham and Clark sitting large number
OF cases. involving nearly hundred candidates.
came before the court Counsel appeared for all
the political parties interested in all but few
cases decision was reserved. The argument on the
judiciary question lasted until lz:a9 taxing up the
entire morning session.
The afternoon session was marked by Clarence
J. shearn's attack upon the Secretary OF State
Of New York He said thai when the state ticket
OF the Independence League had been filed at Al
bany they asked for receipt for the certihcates
filed and il was refused. That had 81 not been for
the precaution they had taken in having duplicate
copes made the certificate would have been denied
or thrown
What warrant have you for thus assailing the
honor and integrity Of high state oficial? Jus
tce Ingraham demanded.
He refused 10 give a receipt 10 which we were
entitled replied Mr.. Shearn.
District Attorney Jerome sent letter to Herbert
r Limburg. asking that lawyer to place at the
disposal Of the District Attorneys office the
knowledge he had OF the alleged theft Of sheets
from petitions fled with the Board OF Elections.
Mr.. Jerome said that his knowledge Of the charges
came through the medium of the newspapers.
The first case called was that Of Brady against
Breen Charles L. Jones. for the Judiciary Nom
inators said that the executive committee OF the
Tndependence League should have filed the va
caused by the resignation OF bIeeIl as INe
law provided and not by petition He objected to
the petition nominating the regular Democratic
judiciary ticket by petition He said that the filing
Of the certificate simply effort TO get in
under the emblem of the Independence League as
well as the regular party emblem Of the Demo
cratic party
Melville C. Palliser. for the Independence League.
followed Mr. Jones. In the course of his remarks
Mr Palllser referred 70 the Independence League
as a "a corporation and incorporated club" A
e OFr6f he rtr0O I'M
when Justice Clarke put this question:
Then these corporation candidates.
they2"
Mr. Palliser replied. Not exactly" but did not
discuss that matter further
Mr.. Limburg argued against the acceptance OF
the petition of Francis S. McAvoy for the nomina-
tion for judge of the Court OF General Sessions
under the League emblem. Judge Rosalskys pet-
ton was supported by Nj. Lmburg. He said that
the issue in this brought up one of the main
issues-whether the members OF the Independence
League organization had the right TO say who
should be its candidates or whether those who
members could come in and nominate
under that and emblem. Justice Scott asked
81 the executive committee OF the Independence
League directors in the corporation. Mr.. Lin
burg answered affirnatively.
Daniel F. Cohalan asked whether Mr.. Ihnsen
and Mr.. Palliser and two others calling
themselves directors of a corporation
else all the rights OF corporation without assum-
ing any of the corresponding responsibilities"
Ex-Governor Black appeared for Rosalsky. He
argued that the nominating petition of his client
had the approval of Max Ihmsen, and WAS au-
thorized by the Independence League.
After recess A. S. Gilbert. representing the Re
publican party. argued against the legality of
Francis E. Shober's triplcate nominating petition
IN the 18th Congress District. Shober is also
the Tammany nominee. Mr.. Gilbert also appeared
in other similar cases. Congressman Goldfogle In
the 9Th Congress District case, represented by
Louis Marshall
The allegation that parts Of the nominating pc
ttons Of certain candidates were distracted after
they were fled with the Board Of Elections
brought TO the attention Of the court by Mr.. Lin
burg. He represented that while the petitions of
Benjamin Berger, in the 22d Assembly District;
Thomas Goster. in the 11th Assembly District.
and Franklyn Quinby. in the sth Assembly Dis
trict. showed their faces that they had an in
sufficient number Of signers. the fact he in
sisted, that when the petitions fled there
wera more than enough
he declared that parts of these and other peti-
tions were stolen from the Board OF Elections dur
ing the confusion there. Mr. Limburg said he
had filed afdavits setting forth facts in these
and ether cases. and he wanted the court to take
judicial notice of the facts that no candidate
should be deprived Of his rights by this means OF
robbery.
Mr.. Cohalan answered the charges Of abstraction
He said they either the refuge Of a bad loser
or else the petitions abstracted by the sign
who feared criminal prosecution for forgery
fraud.
Franklyn Quinby presented his grievance TO
the court, declaring that two hundred were
stolen from his petitions after he had filed them
Il believe the Board OF Elections been guilty
Of criminal negligence" said Mr. Quinby
The appeal taken in the case Of Thomas G Nc
Donald dismissed on the representation by
counsel for AIr. Mcdonald that on re-examination
his petition found contain only five hundred
names. The Long-Sullivan contest in the 18th
Senate District also dismissed.
A large number Of cases were submitted the
point to whether the appeals had been taken by
the right parties. II said that appeals had
been taken in numerous instances without the
original objector knowing anything about It, thus
putting those interested at disadvantage.
Mr. Cohaisn presented the question Of the elig1-
bility OF 4 commissioner of deeds city official.
running for a office The contest between
Senator Thomas E. Grady and Thomas Rock in ths
1sth Senate District argued length Mr..
Grady again asserted that the of Rock was
forged the petition.
Among the that decided from the
bench was that Of Richard F. Wagner for Assem-