The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-02
Court for the Correction OF Errors.


July mir Wood occupied several hours on behafof
the defendants in He reviewed the points of the
counsel that had opened the case, MR. OCoRnor) and
supported those of his colleague Mr. Fooe Deep anxiety
was manifested to hear his argument and the crowd, in
consequence outside of the bar great to render
the situation oithose forming portion Oft any thing but
comfortable. Like Mr.. O'Connor he doubtless made
good many enemies and proportionable number Of
friends for the time being by the holiness of his re.
marks as they might suit the views or otherwise Of
those who heard them. lie occupied the Court on
THURSDAY to the hour of ad jounment
The crowd yesterday dense ever
MT A L. JORDAN rose in behalf of the plaintiff in error
and in conclusion of the argument. The following is
brlei view OF his remarks -
He said they fully concurrel with the necessity of
guarding the elective franc hise and counsel on
is no disagreement On the other hand much has been
asserted not susceptible of proof We do deny said
Mr. to the Supreme Dourt the right to act upon cleo
tons In certain cases; but claim thst the sole right
was "ested In this in the Common Council In order
to enutle himself to peremptory mandamus the relaor
mast show title what he claims and he at
the time of making the application He cannot afterwards
go book and do He must show clear prima facie
right and do the time What do the REALTORS claim
They claim to have the oath administered to them. In
order to do this they must show title to the office The
Mayors not bound to make puppe OF himself and swear
IN every person that comes along and claims TO have been
elected; and lherc doubt that claim the writ of
mandamus could not be resorted to- The Mayor has no
right BY law to go into the investig atom II is TIE duty
OF the candidate to show that he has been elected There
are only two modes pointed by which the Mayor can
tc-the one the legal return OF the cunning oiceis
the other the Judgment OF court OF judcaure which
has scrutisized the claim. am addressing the
solely on behalf Of the Mayor of New York We agree
that the last ballot makes the officer elected, but he is
bound to show the evidence to that effect the mniste
rial officer is not at liberty administer the OATH The
mandamus could be applied for till it is shown there
has been default is principle of law that there can
be remedy till there is default Perhaps had the
lights exhibited to the MAYOR that have since
en- shown, he might have done different but that
we do not say The Mayor could not go into the ballot
box There must be evidence laid before him such ne
bouud to take notice Of He should not Nc subjected
percmptory mandamus for not doing that which clear
ly was not his duty to do. The afidavits placed
before the Supreme Court were all made after
the application to the Mayor to be sworn. There is
nothing in those adavits to show that he had
dence presented before him that the REALTORS had been
elected. They never applied TO him TO be sworn after
those afiidavs made out apprehend said Mr.. J.
that the Court will perceive that the Mayor could be
put in fault and be called upon perform duty which
not in his power perform. The ail before
the Mayor showed legal return of the election ofchar
officers in the Sixth ward The return matter of
record and must be proved the other record
Mr. j. then alluded to the various laws in relation the
returns for charter officers, and presented chain which
showed that the law of 1918 still governs BY this the
spccors required to make return to the county clerk
in which he names of persons elected to be written
length and entered by him his deputy book to be
kept for that purpose AMI fled 1t therefore becomes
matter OF record and the candidate must present his
fcae to show his CAIN This is the sole evidence the
law provides The Mayor not authorised TO go beyond
it, If caa ldae is dissatisfied with return he has
right to apply for writ OF mandamus against the insec
tors to esquire into the merits Of the election The
ton OF assumption of by the Mayor falls to the
ground The gentleman night have gone into the very
Of ballot box ana scrutnzcd every thing
in regard to it, All this excitement therefore, amounts
nothing fyou are dissatisfied go to your quo warranto
and you get redress Neither the assessors the Com
mon CsSnci subject 20 the Supreme Court The Com
Council have jurisdiction of the matter. They
sit down Immediately, withouthe delay Incidental to
court Of law the right OF their members 10 their
seats and Immediately proceed to business You must
have the adjudication OF the Common Council in such
%a.t n before you can 60 TO the sqprsme Court
cused of all s.rs of hard things tyranny usurpaon and
there is no knowing what else and which couli only
have been used for the purpose Of ntmdaon had been
said nothing about it. There is law governing the
solemn duties of election which provides for a
ing made in the CLERKS Office but which law, gentlemen
pew COME in -1 mus. be treated n1i,y Ia al
fusion the idea that the Mayor bound to administer
the oath on the return from the other three districts Mr.
showed the danger OF such procedure, and how easy
would be for inspectors control all election by getting
rufian who could be obtained as was said by the
gentleman OH the opposite side, at any time for the price
of presidential dinner, to break the ballot boxes of
particular district, leaving the in their hands
finally to be acted upon by the Mayor. II the Common
Council could not decide upon like the present the
true course would then be election. Our adverse
ries said Mr. j. have all the time been fighting shadow
They seem to have made up their minds that
going into state ofrevouon The counsel spoke Of the
gulotne in France, the horrors Of South America
that the City Hall was in danger of being ransacked and
all because the Mayor would not in person he
had right to in. In relation to the right of the
Recorder administer the oath. Mr. Jordan showed by
the language Of the revised charter, that he
In ordinary cases. under the constitution every recorder
and many others named have authority administer
OATH but the charter expressly states that the Mayor
clerk shall in the members of the two Boards and
Recorder Of the city, by the LIST Judge of the Common
Pleas Of the Judges of the Superior Court Asst
the follower clause Mr. j. denied the positions of OPP
posite counsel, and contended that the power not
taken away He showed the improperly of such. Pesti
lence other calamity, might at the time OF
the election, in which the city would be wihouta
government. He thought that but black letter
tiquarian, who derives his light from the dark ages,
would for pretend that such could be the
There is nothing in the section which says the men
bers shall be elected for the ensuing year that does
with the idea that the holdover clause should remain IN
full force. If it intended that this good old charter
should be thus altered the word only would have been
appended to the words ensuing Sc DO not in conclu
son said Mr.. j., consider IL necessary refer to the
awful consequences spoken Of by the opposite side The
will continue to shine if the gentlemen do
get possession before they get it in the legal way. We
have heard much about the danger popular govern
ment unless the Court chastises the the returning
officers and every else. 1t is necessary to protect
a valuable vigant officer in his duties to prevent
from encroachng upon ground that is not lawful The
Judgment, hope, will be such settle what kind Of
things these returns to be. Whether half
third the districts to be such shall form record in
the clerks Office to be applied to in all time to
hope while harmony is preserved that the power given to
officers will be properly defined, and that they be
protected in the exercise of the privileges they possess
Mr.. Jordan concluded at O'Clock. The Court then
decided TO adjourn to III O'Clock this forenoon at which
time judgment is 10 be pronounced