New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-05-31
Raur,h Ward Election Conte.t.

.
at half past four P NJ on Saturday last, IN the City
Hall and the counsel ior the sitting Alderman con
+ cluded bis opening remarks which occupied about
an hour and half The Committee then adjourned I'll
next wednesday forenoon.
Mr. DAVID GRAHAM began by citing TIE case Of An
election contest In the Fifth Ward where. contrary
the Inspectors opened the ballot oo1 70 place
ballot 90 large that they could net otherwise get
itip-spd case where they opened the box 70 press
down the ballots ard make more room-snd an instance
where fhev allowed p candidate % open ard exhibit
some Of the ballots % the Inspectors The COMMITTEES
IN that case coucGSs that poser ought not 10 pass from
the people oy reason of trregulry ~ no charge
~ frsus vas alleged In Fifteenth W--i election Of
N Assistant Alderman fMr. WsfdD two Inspectors bad
Illegally spooint third Vho sctec during tn- election
1850 the boxes we're not examined nor l1csed on
" one Of the ess Inspectors was present AZ times and
tickets were occs.onsiy exposed during the canvass
but the votes not changed thereby and the vii
Of the majority DEFEATED The election vas sustained
The fourth specification ssTs tnat eight Illegal votes
and inward we're put IN for AID Purser being more
than his n j0rty Il but fair That We shout be
told who the eight are In case oeeioeo 10 tne II OF
r. which b. quoted complaint Of the return Of an NJ
D & TIE petitioners we're decided against because the
names 81 the Illegal voters complained OF had not been
sent ID The n Of r decided that th- petitioners
could have given the names put nsd Vithneld them
and therefore their n eno-ial al rejected member
ought not 70 BE- disturbed In his sat on such slight
/ ground. as mere assertion. backed by no facts.
I hsd stiu stronger objection 10 the procseinzs-s
conclusive sgsnst shy attempt 70 set aside
the election on this ground Toe laws OF 1912 lis 10
10 provide ne e,cf07. Tor sscertsinng who
are egal v0ters-it Ia the Inspectors duty % challenge
If he has dou5t-snd II the voter refuse % answer on
oath such questions put % him he cannot vote,
but If he that he has good vote after answering
questions oath. bis vote must be held valid. and no
roufry ran be gone into siterWard. with a view 20
change the result and nvalidsis his vote The Gem
ttee cannot q beyond the evidence Of the majority
EaHn.s - ~HHHfHHa~ In aA
GERS charged and proved except some irregusrisy
I on their part had changed the result
Agsin-lf the Committee into scrutiny Of WHIST
illegal votes given io- the sitting member. there
would b. Injustice II il did not also into inquiry
Of what Illegal votes were given for Mr. Fitzgerald Ia
IL not reasonable suppose thst Il eight illegal votes
were given for Nr Purser ten more may have voted II.
legally for Mr. Fitzgerald But The vote by ballot u
protection % the vocrt IL his right 70 vote In secret
without future accountability. Il you bring voter
here % t for whom b. voted can you compel him 10
/ answeri Undoubtedly not This Committee cannot 20
into that irquiryif csnno, the whole poll book
II IL could security the Independence Of this mode
I Of voting would be A. an end
In the case Of the Fourteenth Ward election G5'h vol
| vol Of Doc BID Of Ari) Mr. - claimed feat by
majority Of votes. II was offered % be shown that
Mr. Taylor had more Illegal votes than his maj1u'y-
| The Committee unanimously Of opinion that Il
was not competent 20 inquire what number Of Illegal
votes either party had because IL this sort Of inquiry
were 10 be made on one side II might be expected % be
required on the other and thus would require al the
ct0rs disclose their votes who they bad voted Tor
which would be altogether Inconsistent with the Tree
principle Of the ballot Mr g also ns,snced ike de-
cson in which the Board Of Assistants shut oui such
general scrutiny variance with the rights OF the
whole of the citizens.
The jth specification t. that James Hickman. Clerk OF
the poll, - District was not citizen OF the Uniied
States Mr contepd ed. that If Clerk and Inspectors
rad al been aliens or uonresiGenis so long az they
were in point Of fact holding these Offices, by als~iul
appointment lar the rights Of third parties we're
Concerned their acts perfectly valid. De quoted
3 huu eh v. Az
that where there color Of lawful title the officer
rust be ob.yed for instance that Of the Aldermen
when sitting Judges that Of Police Justice 81 Al
bany. sni that Of County Clerk The supreme Court
held that while holding Office under color OF law, the
acts of these officers valid The question OF their
competence could not be tried on such Issues as Tie
present
10 swear Mr. Dobbs, when minor into Office. an com
missioner Of deeds though Dobbs was appointed by the
Governor because he under age Hua could DOT hou
Office unandsmus was applied for and granted 10 com
pei him Dohbs into Office, because u was nov
Deans business to Judge his qualifications for place
They % be- ascertained only by The manner and
way pointed ont by law.
M 9th specification il hst 80 yo;sa pui in A. the
election for George PARCEL when Asph Hal object.
ed tp A. ILLEGAL on account of nOn-residence. Mr. Hal!
might have said much u be had So chosen AZ toeyefy
vofer in the Ward Mr Hall was an Inspector, and he
could have chaeng I'd every OF these voterst l. sr
10 presume that be- did II then they took the eons
uionsl oath when required u do so Mr. Halls protest
/ ard tn powers of the Board Of Aldermen would be
found utterly insufficient 90 nvadsts their VOTES The
question Of leeal residence h very troublesome one tn
fsetor. md is solution depends much the inien
ions Of parties But were he q suppose l"hicn ne old
potl tna these 80 votes Illegally given was there
any eydence % show that the parties voted Tor A1r
man Purserl Whist evidence was there mat they old
/ not every man Of them, support Mr. Fitzgerald
The third specification l. that ten legal voters attend
Cd IN vote for Mr Fitzgerai bat prevented from
80 doing by disturbance and riots with To connvince
Of Mr Purser then the Alderman OF the FOURTH Naid
There was no end to The assumptions that might be
! made In this wsy No could tell how men might
| or would vote. whether they would Keep oi the same
I mind how many would vote one way and nov many
would vote tother. lie quoted case In the H. OF X
where seat IN Congress tor Detroit &c was contested
| bv Nr Richards, the ground that Deputy Sherins
and others lad raised riot and thereby prevented per
sops from voting for him. The COMMITTEE mere, pro
uery confined their inquiry 10 the question OF Eh0 had
and not who night have had the most votes Nnere IL
the probable evidence supporting this charge OF gross
| perTersiOn OF his duty man and magistrate oy
[ Alderman Purseri The time and place mentioned =
Does any citizen come forward HE oath % swear thst
H. believes this chsrgef am instructed 20 say that u
utterly false You cant impsach sman for m-lverss
ton in oce without fret haviog charge made against
him on oath
/ Mr. Graham concluded long argument 70 show that
the charges 10 the petition protest contained nothing
which could be lagsy inquired into on "hlch Toe si
ing Alderman could be pnt on h's Re 80
even proved, where proof could legally De gone .uo;
the specifications were insufficient 10 werrani the board
10 aunu the election. and be asked the Committee 10
report ayoraby u this demurrer 70 the proceeding
Mr.. John Graham will reply on "wednesday next
This Reporter has no recollection Of having ever
heard Mr D Graham plead In a Court before he Keeps
very close 10 bis text-now AMI then he has csustic
humorous or sarcastic remark but 10 the main uses -
strong and logical Arguments tersey and very conclsey
put together the case will admit Of lis enuncis'
ZION s clear and distinct and he possesses In hen de-
gree the power adapting his language snd mode OF
I reasoning on dry law questions 10 me common
understanding Of msn He appears well TO deserve hls
reputation. asiute, able, experienced oeePread
I lawyer OF course lawyer desires 10 present NE
bearings OF csse in The form and manner most isvors
bic % bic client sni this Mr. q seems very capable OF
doing One suggestion only was made 70 hin last "a
turdsy and that the proestors sixth speeinea
non a. 20 the thirty Gisiked by Mr. Hall nat ~
no one knew how these voted surely ihe isct tnat
they did vote proof that they bad voted Tor one
candidate more than Tor the other Mr. g. one OF the
Commis.ion, amend the practice 10 the s~ Courts
and Il bis inclination for real reforms equals his aoy
present them the proper shape t-nd the conusry
not supposedly be msy yet DO much good to society
I reyiser OF vicious system
S. X. PARKHURsTs NEw PRoPELLERs-Ws
have examined the drawings Of the new machinery
for propesg ships boats &c BY means Of series Of
right wheels ranged along both entire sides Of the vessel