New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-05-10
OPINION

OPINION.
Isl O.<s'ion-l answer To lhs question have TO OBJ
s.r,. mai Rave examined the gene d official cefncaie or
reform OF tie Inspection. OF Election - TIE -'srra rci'
the Sixth Ward aad aso the partt lar returns oi TIC -
>r.ror In each .trct IN That ard they respcc-
lively ed and certified by the Clerk 81 the Guy. IL -
pegs that the general certificate OF tie Inspectors OF M
several District, that Ward, tant ~ro, ~ he ordinance
Of the Corporation tie Il OF fr ai, -rmed ine
Board Of afd Cauyasef. = imperfect sot ,iaung snd
comput NJ from TIE particular returns u each Distinct bat
persoss were by tie greatest ~ Gb 90 woes elected 10 ihr
officer. of Adenan AMI Assistant iermsn respectively 10
that Ward Thu, made their duty 10 ~ b. The sot OF
April otA. 1914 and by ne oriraucso Tie common I"un-
dot the ilt OF thh month made DO pursuance OF Inc act
Buith, omission cannot, q, u.ns, judgement Of a"'
deprive lie electors W.. OF ,- r-,uii OF Ter vote
Ia the Second, Third and Fourth Districts Of that 5rf -
The number of vote. iveu and Tor HON given Tor Alder
man Assistant Alderman the three Districts lat
toned dsnc ly I'd AM certified u tie ret1rns oi
the Inspectors In those srcts and matter Of record
The computaton Of he result cen b. made with great "A
City aHd with certainty and safety, and the returns are
,uc ent To euite tbs c,nddaeIhavng tie greatest NUM-
Der Of votes 20 be sworn INTO Once.
am Of Mon that the u.s. Of the votes OF ne fr't ID ~
uct IN that Ward does not accibc validity OF thr Eect Oh
and the legal result OF the votes the other Districts that
"srd The mi.iouunso 0! that o,' ought noin lusuce and
cannot in abatement Of law be VISITED upon the electors ~
consequence would he Donrous Injustice sad most DAN
gerou, example 10 the right Of suffrage combna
ior by design, unowarf accident ehrctng the d'
strucon Of the votes OF one District IN ward or o. one
Ward the City. OF Town IN County OF Of one
County m the state, would upon NE opposite ana aeirr'
doctrine. threw the Whole elective a1he IN cOso' on
and destroy is character Town THIS State has some
time. but % has never been permitted 10 affect or
fe-roS tie legality an1 eifcacy NJ ht Nir p t oe
nihe County Ts the through every DIVISION s0d
subv Of the state, and We have memorable ptcedeI'
To- tie election ~ Governor 7J The votes e one County
iOtscgo lD, and destroyed by ~sat vas deemed
mistaken te returns Of tie votes % the >tcrr-
tarys Office and tact universally conceded, that
the oss If tazt County changed tine result 81 he cleo
ton OF Governor he state aud shfei 10 from one
candidate ia The oLer for the t,ree ensuing years TAr
principle AMI the analogy equally apples be-
tween and the other district OF Ward and between
and the other wards Of the ety. and between one aud
III. other towns Of County and between Nne ana ue
e,ber Counties ~ Stale II cannot bat be consdefs A. 4
Fundamental prime pie founded OF Tie cearei 10 tee or me
s0unset policy and The rghuul conclusion, Of a" That
the nigh, OF suffrage 10 try en- ~ sec'n OF W.
/, not ho frustrated, defeated or perverted On ur
ground that single meher OF that secuon and perhaps
very portion OF TIE hoi has lost IL vote 10y some
! local miscO,d1ct or uiriouone.
The returns from tie Clerks oii;e a. certified by NJ
Couny Clerk - not contain The proceeding, ." w Do, "a
,f County CanvaS>r. their estimate OF TIE returns Tor
the city, There evidence before me that they sctrd
all ~ the Tbs ON aon OF duty IS analogous .
that already alluded 20 IN respect to the BOARD OF Wdd
Csnva,s-rs though Il OF more gllrng bind Bot am
ut opinion that cannot rghtuily affect The validity OF Tue
Election any more han the omission M the case Of tue
Ward Canva>sers We have in the official returns on tie
the es>entA results OF ne election. AMI the Truth AMI sub
stance tlr All the omissions # these two born'
matters of form and convenience and no OF substance
We have the nuub,r ct votes ~ each Of the three Districts
and L, whom giv.n aud that docnmett suihc 10 de-
rrmne who eietted and entitled to br sworn nio ON p
There can be- no r.dk, that point aud would be .
matter Of de,lr.br Consequence, II III ossson by
the Board Of County tanvss~r destroyed the votes ui tr
vbnl, ard II woud bee giving 10 those Inspectors
me- ou power and control the ul ages o the peo-
pie Ihcy should hap.n to have made the same omission
in the otber WARDS. an! 10 have done naihng as Board
and their certificate should he deemed indispensable, The
consequence would he the dsieat OF the entire election Of
the
Informates ought deprive the electors of their
vote. duly given and ssceraued ard they ought TO ~
overlooked sng have the mder- facts ana tru
of the case sufficiently authenticated AMI free om The M
| p1tson OF fraud, -,
! n Ousshon-E have frequently anticipated the an, er
to this question Nj need only add that Tor The reasons
already assigned am Of opinion that the persons who a
pear upon The ccnf the rsiurn Of the District Inspectors OF
The second, Third ami Fourth Dsrstsoi t" tonh " ara
10 have received the great, number OF votes for Alder
man and Adcrsan respectively emitted 10 'e
sworn into Office the time Of The organl.on 0l TIE re-
| spectisr Boards of the Common Council
sd Ltfgu i 10 incline To any opinion on vi :
question iua>much assumes usi ihc Mayor anu Ger"
may decline their dlty aud which do not 2ncip.ie
and presume. The act OF April 7th, 1880, ancnd I
the charter declares that the second TUESDAY Of MAY ~
each vear the Mayoro Clerk shall attend and by hoa tst
oath Of Office ,nU be adiutrod 10 the Members eietftd
The order imperative and the Mayor h.s only 10 inquire
ard Who ire members t,cfed and ~ have already
stated the returns the prsent aforthr requisite AMI
the ony evidence IN the absence OF The other iccicd
FORMS Ii doe, tot, agpfchend, belong TO any person
or board olhcr than the houses respectively OF ID" ON
mon Come when ORGANIZED. o look or inquire beyond '
Official returns tor evidence aadr .thrr a, TO tie certain
| ~ or qualifications OF the persons elected. - ..
\xw.Nor, Nav I'll. 1872