New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-06-30
o. Counsel tor Plaintiff 81 FL


None o. the vote. gwen IN the first District OF tie Sixth
Ward lost and III NJ them duly casvsSef al the
MAY Office the evening Of the day OF the election and
with thS given the remaining District, ol that Ward,
omission the majority OF the Inspectors Of the Fr District
n that Ward 10 make formal return according toia" ana
made days subsequently, ibotcto that they were unable
make return Of me number Of votes taken ~ sc d's
district for Assessors does not defeat the election OF the re-
iaers The provisions Of the law 10 Their duiy a. ie-
turning officers nicely directory, and the failure to per
lorn them does not destroy the election.
H. Itse ot the Fist District had been lost entirely,
AMI could not been canyas. tie election Al The fea
would s, have been perect the prncipe beng wen
esa shed that the loss OF The votes OF Ward or ta"n d0t'
not vtac the election OF CITY or County nor 'nHetn DOE
the OF the OF snail section OF state or OF i"
United States destroy the slecioa OF such Stale or oi e
unted states. And especially should tins prlHcpe be ap
Piled where appears, II does N tins case That ihe Vo
ne gece fraud o the Inspectors not only change
but in fact confirmed the result a. e1hDI'ed ny 'ne I't"
from the other districts OF the Ward
III The Board of Ward Canysers have not GER
flied HE re.ut in the form prescribed by Jaw, they have
certified returns Of the inspectors OF The second ihir1 ana
Fourth Districts Those returns are IN due oiIn am u
them may be SsceIaiDed 10y the simple process OF add
lion who elected to ite several offices which were t.
filled. That sufficient pina fsc's evidence OF ue
10 eoure the administration OF toe oath Of Office 70 the per
appeal mig Nave the greatest nunser OF votes ana
was 70 regarded by the plaintiff IN error himself liz e case
of The Twelfth ard where lie rightly discharged his duty
in administering the oath OF Office TO the officers elected Tor
that Yard tie certificate OF the Gle OF III. county being ID
form idencay the same that "afd a'ilree''
~ Tie Mayor having had before him p,in.a faer evil
derce of the resiOrs ought TO have annl'
tered them the oath OF Office, and hs having refused
gave the parties remedy by nunddm"' I" o"hpei MN
To perform that duty. ,.
But The question before the Court presented 10y hl'
record /, not whether the Mayor properly declined 70 az
minister oath the rsalos when apptd 10 or 'ha'
pose. upon the return presented 70 -lh' pu. I
hs facts before the Snpreme Court the realtors oughi " o
sworn into Office; the Language OF The Xiheht
aud OF the ,"ue AID judgement upon tne "csuls
below whether the return OF he p'snh N error d.
amended and extended 10y the nppentn'a ls.., Sa
in the record shews sufficient cause why The odih O once
should mol be adnlu,eftH 10 thc rt'dVNs ,-.- =, -
VI II the Common Counc have, under The charier NE
mower OF dc rninn@ and d'cdns 'he etouon 81 l,r ~
SCISSORS the nt that power Is mol Inconsistent WIZ
the duty Of the Mayor 10 administer W oalh OF once 70 te
Assessors. when The present prma faH eNd.noe OF lh'I
election control the at on OF TIC supreme, 10
compelling, by mandan", the Mayor to perform nat mere
~ ministerial duty. SANutl a. rOo,
GEORGE WOOD,
Defendants in Error.
POLICE OFrIcE.-RKwARD OF toLLY.-On
Tuesday night man nasIed John j. Binden Wien ino'
;cs,oI ,,e.t INTO house of had fame - No 81 hnoy,i
and retired 20 bed while wrapped IN Sleep fellow nameh
rnomas Wheeler entered his iv-n, stole nom NJ
oromisory NOES Tor S5 ~ 81 IS ia bank bills ana SPEC
and taking las hat aud pensnlle maze hs 'h' Win n"
hnl, tn. mnrping Bndurn met wheeler IN thlich''''
nh the stolen hat on hi, head anal caused him TO be arrest
Ell and taken t. the Police O,- Thc pen.hHe az" ""'
ound IN h', pocket aud he Wa, committed TO a.sne'.
C,PrrE, or 4 RrFFIAN--Of'rers 4. NJ [. ShIh snG
Duashee arrested to-uaN nolrd baiY u-u o''"' '
James Graham, OF Weal bv and hishil re> s'taue ,u'
ions, ON fonr several a Arces Of assault and battery, VI on
Let ia FranCi, George ShOt~sl tdefiek Stee dh'
T. Wulans IL committed 10 prison IN dei~u OF o@n
TH,rr ox TNr WssrEEN TsANsroRrAIloN LiNt-N
man named John r Osborne was cw day suce ''out'
10 H.. city n irons from Monroe comfy, ~ ths STATE
chai sed tn HAVING 10 Oct a,i stolen st' "o'h o. Ss
go h,st Poland comnasieti by Oliver H. Max
we'll and tie property of Edwin ". Barnard No IL bIodu
street MI barnard that time shipped many soso, 10
Buffalo aud Detroit. and goods 10 The anlu OF >'t siI
$4,000 have been at divers limts missed HON H' 'oi nv
lines oi an.portaton 10 the West The goods Su.eh
Instance were missed before reaching Del'sii asd MO
Maxwell the captains WIFE, dep3,ed hat s'ol aiter we
robbery obSrne mad. Lsr pr,,entC rich sh Ns'ti ldl
ant fcaihers winch have been sncc idthinei A. a- N
prope IN ,olcn lch other property also taken on
shore al Detroit by Osborne MIN~ c the master ci Is'
boat IN the Ciy Prison a. al accomphce OIL oI "
leu 10 passing counterfeit money Osborne wa, oon"Ieu
10 answer.