The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-04-19
The New CoRpoRArros

LIE NEW CORPORATION fRrcthENi~
BLOODY SrxrH.-In the present excitement 4 nong
Office seekers and Office holders. relative it' the
bloody Sixth ward election, we present the follow
ing contested contests previously decided upon
In 1893, at the charter election, DR.. Rhineland' Z
aud Dennis Mccarthy were elected Alderman ano
Assistant Of the Sixth Ward, and took their seats
as such. Their return was contested on the ground
that during the canvass of the votes, persons who
were not under oath handled the ballots and assist
ed In the canvass, and in the making out OF the re-
turns. The returned and contes,ing candidates
were heard by Counsel before the respective Boards.
In the Board of Aldermen, upon evidence, and after
argument, a resolution was adopted vacatlng the
seat OF Alderman Rhinelander, and ordering a new
election TO fill the vacancy. The ground of deci-
sion stated in the resolution was that unsworn per
sons had aided in the canvass-and the special cleo
ton was ordered TO fill the ''unexpired term" of Al
derman Rhiaelander. Mr.. Mccarthy Immediately
resigned his seat in the Board Of Assistants, and The
other charter officers elected on the same ticket with
him, and Alderman Rhinelander followed his ex-
ample.
In the same year, aad at the same election, VIM.
Day was elected Assistant Alderman of the Eighth
ward-his return was contested on the ground Of
alienage. 1t appeared in evidence that on the 81
udy " tAC cCllO Ut LAY was bIsNI HE
seat was also vacated-he being an alien during
part Of the election, and a new election was or
dered, sit being impossible Gas the record says)
to distinguish between the votes which were legal
and those which were illegal, or in other words,
those given for William Day, the alien, and William
Day, the citizen. In this case also, the special cleo
ton was ordered to fl the "unexoired term' of
Mr. Day.
Doh T sl,-. -uao.1 l.o,..o $780, exJo~oJ L.,
"the new Common Council" as it is ordinarily
termed.
The only legislative provision Jon the subject,
which We have been able to find, is the following
1t is contained in the Charter Of the city, as fol.
lows:-
Section g.. The Board of Aldermen shall have power
to direct IA special election to be held TO supply the place
of any Alderman whose seat shall become vacant by
death, removal from the city, resignation or otherpise.
And the Board Of Assistants shall also have power to
direct Especial election to supply any vacancy that may
person elected to supply the vacancy shall hold his seat
only for the residue Of the term II office OF his immediate
predecessor"
In the case of Dr.. Rhinelander and Mr.. Mccarthy
the Common Council was democratic in both boards,
and the gentlemen removed were of the same poll.
tics.
We find also, that in 1905, while De Witt Clinton
was Mayor OF the city, and before the Alderman.and
Assistant had been allowed to lake their seats, a
protest was entered against the return ofthe Inspec-
tors of the Sixth Ward for charter officers, on ac-
count of ~ilhegality in the votes not being properly
counted, and for other causes. The Board of Alder
men then resolved, by a vote of IL TO S, that they
had the power. to determine the. legality Of charter
elections, although it was contended by the counsel
for the officers who claimed'their seats that the re-
turn of the Inspectors was conclusive. The Board
ordered a new election in the Ward, and De Wit
Clinton, the Mayor, refused to swear in the officers
who claimed their seats. This decision was made
under the old charter, but it is applicable to the pre-
sent dispute, to show the course pursued by the
Common Council in settling contested elections.
After all, i tseems very uncertain how this question
will terminate. Both parties seem to be as obstinate
as it is possible to be-and riots are on the rise.