New-York tribune., 1906-10-27
LITTLE LEAGUERS LOSE
Continued from first page.
shober as the Independence League candidate
for Congress in the 14th District. 1t says:

| Shober the Independence League candidate
for Congress in the 14th District. 1t says:
The to this Bstt9n is based upon
e pnor T that ad large Of a56 56s
| than five persons. This affidavit is met by posi-
Who toof the OK and
r & T g0aTs of to 5f a3d s e
Term have decided this question: OF fact IN favor
We are not disposed to reverse their order merely
ferested. II they deem the objections weI founded
to invoke the aid OF the criminal law.
In deciding that the multiple petitions by
which the Independence League went through
the form of nominating Francis B. Shober for
Congress in the 17th District illegal and
worthless. the Appellate Division says, in parti
certificate OF nomination for municipal officers
certainly could not be combined with certificates
OF nomination for members Of Congress, State SEN
ators and members of Assembly, aldermen in sew
eral districts and county officers, If they be
voted for at the same election 1t is impos-
for one office therein named. and to treat the at
Tempt 10 nom nominate n f1r oner 9fees as
mined for which office Il can be considered valid
certificate Of nomination Our conclusion is that
such certificate is invalid for any purpose.
Daniel F. Cohalan of the Tammany law COM
mittee who led the legal fight for the right of
Tammany candidates to a place under the en-
blem of the scales if they had their petition in
before the regular Independence Leaguers. after
he had read the several decisions that were
handed down by the court. said:
The decision is surprising because Of it's far
Psfn heF fOsf all as
mating certificates must fall. as matter Of fact.
time. that only candidates can go upon
An appeal will undoubtedly be taken to have
the law finally determined and settle Just what
ton law. One thing that undoubtedly win re-
suit is that the Legislature will amend and sim
not arise in the future.
The Independence League law committee gave
out statement last night regarding the de-
cision. 1t reads. in part:
With regard to those cases in which 1t appeared
that the petitions of the candidates OF the Inde-
pendence League had sufficient Signatures, but Por
tions of which We're stolen from such petitions
after filing with the Board OF Elections the Appel
the question as to whether the petitions We're or
had been mutiaed because they could not tell what
had been stolen and that the only remedy was
The first steps have already been taken to bring
these matters to the attention Of the District At
Independence League have written to the District
the fullest extent TO bring those guilty OF these
Regarding the judicial situation the court de-
ctded that Judge ,Rosalsky was the nominee of
League. however had regularly nominated oniy
nine justices of the Supreme Court. It was also
BoaTd of Elections Tnder 5e name fG me
League and containing the entire Democratic
inees candidates. including McAvoy and Brady
should appear on the ballot but under a different
name and emblem. 1t also decided that the
third petition fled in behalf of Brady would like
wise appear upon the ballot. but under different
name and emblem.
The Court Of Appeals has adjourned until No
vember Q, but an effort is being made to convene
II in special session 70 have an appeal from this
decision of the Appellate Division heard. 1
The Independence League has given instructions
to its counsel to appeal every Case-some seventv-
three In number-decidcd adversely TO II by the
Appellate Division. and it is expected that notwth-
standing the numerous difficulties IN the wav OF
reaching a satisfactory conclusion In due time
prior TO the election the will nevertheless
be heard by the Court OF Appeals.
Charles F, Murphy, with Senator Grady be-
side him. at Tammany Hall last night ex-
pressed the opinion that the decision of the An
pellate Division would have no effect upon the
OF William Randolph Hearst
"As understand it," said Mr. Murphy Mr. |
Hearst remains upon the Independence League
column with all the other state officers and |
voter may vote for him under either column
MI Murphy said that he had not read tho |
decision. and was therefore in no position 10 |
formulate an opinion upon It,