FEDERAL REPORTER.
on them to prosecution for neglecting to serve them, until the question of their validity should arise, so that it could be directly argued a,nd,detel'mined. This argument and examination has removed these doubts. Let there be a decree establishing the validity of the attachment and levy according to the prayer of the bill, with costs.
In ".e 1.
ApPOINTMENT OF SUPERVISORS OF ELECTION.
(Circuit Court, S, D. New Y07'k.
October 5,1881.)
SUPERVISORS-REPRESENTATIVE ORGANIZATIONS.
The rule, in case a question arises in respect to what political organization should be recognized by the court in appointing supervisors under the Revised Statutes, is that the organization which was recognized by the last state convention of the party is entitled to be considered as its repre.sentative organization; subject, however, to modification by a change of circumstances. Held, the1'e!dre, that in the light of events that'have occurred since the last state conventionof the democratic party, the organization known as "The New York County DeplOcracy" will be regarded as now representing the democratic party in the city and county of New York.
WiUiamO. Whitney, for the New York County Democracy. Oharles W. Brooke, for the Democratic Organization of the City and County of New York. BLATCHFORD,G. J. The requirement of section 2012 of the Revised Statutes is that the two supervisors of election, in each election district, "shall be of different political parties." By section 2026 the chief supervisor of elections is required to receive the applications of all parties for appointment as supervisors of election, and to present such applications to the judge, and furnish information to him in respect to the appointment by the court of such supervisors of election. A question has now arisen as to who shall be appointed snpervisors from the democratic party in the city of New York, at the coming election, in two congressional districts. Applications are made by persons belonging to an organization called "The New York County and also by persons belonging to an organization called "The Democratic Organization of the City and County of' New York." The forml:jr organization has come into existence since the last democratic state convention was held. Delegates representing "The Democratic Organization of the City and County of New York" were recognized and admitted to seats at the last democratic .atate convention, and were the only delegates recognized by the con-
IN RE APPOINTMENT OF SUPERVISORS OF ELECTION.
15
vention as representing the democratic party in the city and county of New York. . ff Whenever a. question has arisen heretofore in respect to what polito ical organization should be recognized by the court in appointing supervisors, as entitled to be consIdered as the regular representative organization of the political party, the practice has been to recognize that one which was recognized by the last state convention of the party. It has been thought wise to recognize some one organization as entitled to represent the political party, and to ask that members of its organization, recommended by it, and those only, provided they were fit and proper persons, and met the requirements of the statute, should be appointed the supervisors from SUCh, political party; and no rule more likely to ,effect a just result,and to meet with generalacguiescence, could be suggested thap. the one above py ,a referred to. But, like every general rule, it must be change of circumstances. If such general rule were to be applied to the present case, without reference to any transpired since the .last democratic state conventiol;l was held, ,the organization called "The Democratic Organization of. the City and County of New York" would be as the tive organization of the democratic party in the city and county o,f New York; but it has been made clearly to appear to th,e court that, since the last democratic state c!lnvention was held,such. have been duly and regularly had, by proper alld authorized. sentatives of "The Democratic Organization of tbe ,Cit;yand Coullty of New York,". that, although that organization may still formally exist, the new organization called "The New York County Democracy" must be regarded as representing it and its mempers, and as the only {)rganization now recommending persons to be appointed as supervisors from the democratic party, which ought to be, recognized by the court as the regular representative organization of the democratic. party in the city and county of New York. Therefore, the persons 'recommended by the organization called "The New York County Democracy" will, if fit and proper persons, and meflting the requirements of the statute, be appointed by the court, as supervisors from the demooratic party.
16
FEDERAL REPORTER. RECTOR'S CASE. (Oireuit Oourt, D. Arkansas. July, 1881.)
The decision of the commissioners, appointed under the provisions of the act of congress of March 3,1877, entitled "An act in relation to the Hot Springs reservation in Arkansas," is in the nature of a final adjudication, and one uinding upon the parties, so far as it pertains to matters specified in the act.
MCCRARY, C. J. Two questions have been discussed by counsel in this case, to-wit: First. Whether the decision of the commissioners appointed under the provisions of the act of Congress of March 3, 1877, entitled "An act in relation to the Hot Springs reservation in Arkansas," upon questions of law and fact submitted to them, in accordance with the terms of the act, is in the nature of a final adjudication, and conclusive upon the parties. Second. Whether, assuming that this court may pass upon the correctness of the decisions of that commission, the same ought, upon the merits, to be declared erroneous and set aside. The act of March 3,1877, deal with the Hot Springs reservation as a part of the public lands of the United States, but at the same time it provided, as we shall see, for ascertaining and protecting the right of occupants "and claimants with respect to improvements. The act provided for the appointment, by the president, of three discreet, competent, and disinterested persons, who shall constitute a board of commissioners, with authority to perform and discharge the specified by the act. The commissioners were required to take and subscribe the usual oath for civil officers, to sit at the springs, to give notices of their meetings, and to organize by electing one of their number as chairman. The fifth and sixth sections of said act are as follows: "Sec. 5. That it shall be the duties of said commissioners to show, by metes and bounds on the maps herein provided for, the parcels or tracts of lands claimed by reason of improvements made thereon, or occupied by each and every such claimant and occupant on said reservation; to hear any and all proof offered by such claimants and occupants, and the United States, in respect to said lands, and in respect to the improvements thereon j and to finally determine the right of each claimant or occupant to purchase the same, or any portion thereof, at the appraised value, which shall be fixed by said commissioners: proVided, however, that such claimants and occupants shall file their claims, under the provisions of this act, before said commissioners, within six calendar months after the first sitting of the said board of commissioners, or