The Evening World

Osborne Elected in the Fifteenth Senate District.

Gov. Hill May Remove Onondaga's County Clerk for Malfeasance.

[SPECIAL TO THE EVENING WORLD.]

Albany, Nov. 24.—Doubt no longer exists as to the political complexion of the incoming Legislature. That it will be Democratic in both branches is definitely settled by the declaration of the Dutchess County Board of Canvassers, filed with the Secretary of State yesterday, that Osborne (Dem.) had received 184 plurality in that county over Deane (Rep.). This gives Osborne a plurality of 14 in the Fifteenth District.

It is the prevalent opinion among politicians of both parties that the State Board of Canvassers will decide that votes cast for Sherwood in the Twenty-Seventh District are null, as the fact of his ineligibility had been promulgated by the Attorney-General before the election took place—and cannot, therefore, be considered. On this basis only votes for eligible candidates can be canvassed, and the certificate of election must be issued to Walker, the Democrat.

The Senate will then stand: Democrats, 16; Republicans, 15; Independent (Dr. Edwards) 1. The casting vote of the Lieutenant-Governor will give the organization of the Senate to the Democrats, if Dr. Edwards should vote with the Republicans, which is not certain.

This calculation leaves to the Senate itself the ascertainment and decision in the case of Peck, of Syracuse, who is alleged to be a citizen of Canada, though it is very possible that the State Board of Canvassers may take cognizance.

Discovery of the fact that in Onondaga County the official ballot prepared and distributed by the County Clerk rendered it possible for the inspectors of election to know just who voted the Republican ticket at every polling place, thus destroying the secrecy which is the purpose of the Ballot law, has made certain the seat of Ryan (Dem.) in the Assembly. The Sullivan County contest, where the Republican candidate for Assembly was declared winner by one vote, is expected to be decided by the courts in favor of the Democrat, as is also the Queens County contest in the case of Wehrs, of Long Island City, which comes up before Judge Bartlett in Supreme Court next Saturday.

The Assembly, therefore, is expected to contain 67 Democrats to 61 Republicans.

Gov. Hill has taken prompt action in the case of County Clerk Cotton, of Onondaga. The Clerk is charged, in affidavits filed with the Governor, with having purposely prepared and distributed official ballots which could be easily recognized by Republican election officers, and with giving to election inspectors and ballot clerks erroneous instructions as to their duties, with a view of more certainly identifying Republican votes. He is also charged with disobeying the orders of the County Board of Canvassers, of which he is ex-officio Secretary, in the interest of the Republican candidates.

The affidavits also allege that Clerk Cotton, contrary to law, changed, or caused to be changed, in favor of Republican candidates, the returns of election filed in his office.

Gov. Hill has summoned the accused County Clerk to appear before him to-morrow and show cause why he should not be removed for malfeasance in office. The power of removal for cause is by the Constitution vested in the Governor.

It is not believed in official circles that Gov. Hill will take his seat in the Senate until relieved by the inauguration of Gov. Flower, though no information on that point has been given out from the Executive chamber.