New-York tribune., 1908-06-30
MR. LE4RY EXONERATED.
GOUernOr Dismisses Charges 4 gdinst
Superintendent of Elections.
TRY Telegram, 70 The Tribune. !

Albany. June Ex-Governor Hughes dismissed to-
day the charges brought by Max Ihmsen and
others. behalf of the Independence League.
against William Leary, State Superintendent Of
the Metropolitan Elections District, which his
removal from office asked The report of ex-
Justice Edward S Clinch appointed to take testi-
nony on the charges. declared that the evidence
did sustain them in any instance.
This decision of the Governor especial
surprise here. The charges were presented last
january, based on alleged misdeeds which took
place during the previous election, when Ihmsen
candidate for Sheriff in New York County.
one that Mr.. Learys lawyer and deputy
letters Foley department stationery.
The Governor has had the report Of his commits
sioncr q considerable time, and II gener-
ally understood from his delay in reaching de-
cision that there nothing in 1t detrimental 10
Mr.. Leary or more immediate attention would
have been given 10 Il.
Superintendent Leary here this noon when
Robert H. Fuller secretary the Governor, an
nounced the dismissal of the charges. He received
the congratulations of his friends
in the various departments and around the capital
In his order dismissing the charges against Su-
perintendent Leary the Governor recites the pre-
sentiment of the charges the appointment Of the
Commissioner the receipt Of his report the evi
dence, and then says:
Now, after consideration of the said charges,
evidence pertinent thereto. and the said report
the said charges hereby dismissed.
Commissioner Cnch in his report said there
had been evidence to show that Superintendent
Llary from January l. 1907 20 the first day of reg
istration last October, had employed one hundred
deputies, and thus wasted $4,000, charged The
superintendent had $4,000 spend for deputies.
and the Commissioner found that he spent S35 ,355.
but the additional expenditure justified The
charge that he did not cover the tenement and
lodging house districts properly during registration
was dismissed. the ground that he had availa-
BILE for all purposes only 27s deputies and used
these TO the best advantage.
Regarding the charge that the lodging house
vote was not properly supervised. the Commissioner
says:
Whether the examinations were as numerous as
was possible with the available force to the super
intendent whether the lodging houses which
within the time allowed by law. does not clearly
appear from the evidence but 1t Is very manifest
that a more thorough examination of lodging
houses and of the sailors hotels and boarding
houses needed.
On the question of permitting the wholesale ar
rest Of voters by deputies, Commissioner chnch
says:
II is admitted bv the Superintendent that he gave
an order that no arrests should be made by deputies
for violation of the election law without first re-
ceiyng his approval Ihere IS o of any guv
nereon or in anv failure of justice. Whether the
tor Violations of the election law whenever In their
Judgment an arrest should be made is question
Jbtch can be answered best by the test OF expert
ence and fv the consideration whether the aDhty
of such men who seek and receive appoliitliittn' a.
de
Settermination Of so important a question. am
not enabled from the evidence s9oia,eu' No 70 ai
- the question to my own satisfaction NO exl-
dence offered that me otioO molH Oi ""S o'f"S
c,,,er,r-endent Ieary had not reached home
from Albany last night. His friends at the Repuo-
Itcan club and elsewhere were slad 10 near ''id'
,,, o,arpes against him had been dismissed
That course is only what We all expected said
,a ~ them These charges were evidently the
result Of political spleen and vindictiveness.