New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-12-11

ea'G.c BE- apy,irm-nt complete Aad that no spsi,snt
$50 ,ss 81 g1. g. The eico sEd eausls4 tAs
clmtssoTssll they discharges the rule foS wsst Of
Ia all cases QUO ei by counsel ia whch this remedy ..
zen licv,d 70 re sirnias Office. hs tile
ofer MA be comp ,is the performance u Tee Z
nsetsssrs oaAs us, or s,Ss sec ,.hsssf.r he
1850 =" sls spiostics Ls ~ AS thea eatii ed 10
~ 'i'. ma h e N al usls haA ccaEsaeed. at
NaI y Iessa e frem entering up.a u say bJ he
vTcrsil ac' CA aimed Il He had he rsh 70 he Of
usd - tss, +. w,s ssa ss., s ~ sIs s asa
- tAis csse without ie0xteg beyond tire oaoe. sub
n.led 10 sat Court Il cannot he s.s lac
rSec "a voc zee allowed 20 Mr. cSssssls ~ ass /.
auy a.. he result whether he has alIsaiya
sr.s psslfiy without those y5.es waotAsr III III
n8un has rot large s0itv thai n these ~ors
a,Cd still he Could Dc sBttes 70 tbs once n the
Ksva of these votes .aud not stl give tAs applicant
majority Of he whole votes. he voald hare ~ legal
cat g the olee asd NJ night therefore 20 oDns ESte
c'nr law Trsef for he could esFv sustained neither
tsJtrGHl and thc conc lrrnce II bah 40 IS
ntsi o right ega remedy II o. the grsa.Isg ot
nai dsmus 50 noegieci rte 70 IN ctce was sh,vn
hs u oud not have IAe heueag OF th,s Tor
sanus the 10 asr mus scs iorih perfect srle shoask
40 sVGH0 The bard on OF showing uo aay De On q
p ksrs tins dsfeo, M be cured il ,As p<rulsr case
~ fuller aday and o. inlOim nation resered still
The tact tba,ss actual result 81 the election ether
o. hs ate could net, rcngy c01testea 10
al apphca'0n OF tbs knd titctua. furnishes sSsong
sun en IN come cn wh the law 20 elections. that
reFe int ndrc that ne CcuIt should interiors uthe
The law tina, subJoc, found in the Laws Of s,s IL
70 peculiar manner oLWGs promptncss the ps-< OF
and CanNasSefS that would b. entirely de Sst-
cd IL the OF courts an thi. aud tAe dsl.r
consequent on such interference II the mahiamus veis
allowable a. any Quts oAs Of law raised IA Is nat
VIA eSsr,s !; ms a,s. Re sIgusi a. SPECIAL FERN
srd evtnto The Court Il Appfss Ii question VI fact
we're rased that must be tried hE jury aud exceptions
Coq S Appeal. rs sSS :. Ssss ssIS a,sodss
the objects Of the cleo ion law aud wih Ias saar,ary
procsedirs ~hch De bad under Every provis,ss
st o. A. s.s. s.sa s resuls rAsA ~ sss-
eecos is cloS si but soos as the coll Of an esooa
shall have been finally close the laspe tor, Of the ssd
election tber several iSficss shall proceed TO
the votes, and NJ -ument allowed, such
shsI NOT &c az o. rTed or foSTonfa until II shall have
sEc 20 The board shall iher proceed canvass ana
Sc IS When the statements are ma le and certded
BY The inspectors tire cspy them shall be'~-ed'ats
" filed by them the Office Of the Cerk OF tue rcwnor
ed s OF the Inspectors tie supervisor rows
OF Ward '" se" Joer hours sfter the saas shall have
Itisc 'eA that II these Inspectors commit any violation
OF ne Law "a The mode of making Their returns aud ye.
xle their returns IN the time required bE Law, ma Court
could correct then errer before their returns would have
fTisn@ sight proof that the Legislatare In their en-
tnfs. intended thai the Inspectors and Canvass
should set without interruption, even from the judicial
tiburas
A corresponding dispatch IS required OF the County
CsnNs,S They 20 meet on The nrsi TUESDAY after
thai dey and choose Chairman the Chairman shall then
adneatef tho constitutional cath 50 each member ofthe
h'atA-p To- . 80 "Nh'n.s ms
canvass IN each district shall thea be produced
shall nen be delivered ana dePos led with The
by section H. II any Supervisor. appointed to attend
the County Canvas shall he unable 20 attend on The day
b. POINTED shall before ftGf day. tho orgi
nal be delivered at the ohce Of the County
Clerk Sec 49, II fhaf doy majority do not attend
the statements of the votes sny dsirc. County
Produced the caRVastes are 90 adjourn 10 some
convenient hour II he nerf day
And by section ia al that hour they shall again moet
and soctOus the Law for dispatch that requires ths
Canvsssers then attending though less than ory"
TroCurtd 10 proceed 10 estimate STATE ana ccrvs the
votes OF the County"
This certdoa,e Il seems they to make out only
the Statements then produced al.ho1sb the sIs'emsn
the promptness throwing out from this essi-
mate the returns " districts which should not then be pro
duced.
No further power given 20 adjourn, except Tor tbs psr
y specified the 10Th section. 40 That section III
se INA, ,Ss o Tssg ' certain %s.s are
ted which should have been inserted or that any ms
takes which merely clerical exist they shall cause tho
statement 10 be sent by Of their aumef 10 the Town
Inspectors Sc to be corrected and the oanyasser SO de-
puied RmcdofC to give notice to the lnspec
tors &c whose duiy /, shall be Jorthh to assemble and
MAKE the correction The County Cahyassers are anthor-
ing such corrected s,sement-sutt mexpres,ly snscsd
that such adjournment IA not to extend oeyo"a h@ee
1 % s s act that . sSsn that
returns should be o out rather than the time should
be lost IN waiting for hem;
State pfhIa hceny days alter general election hist Of
the names q per,3ns the S9asy =. sso
sec 20 See ais sec a. o. and by section ~ tp lH-
before the 18th day OF December and they I'D
iou sec 81 from DAY 20 day but only for term not es-
cesdlng ME dots.'
There IS good reason for this haste II is important TO
the pubic that the public offices be filed, and II IL bettef
that 10 Las only EVIDENCE Of title shsaid
I'll ~ fT time though Ultimately entitled TO Is,
than tn the ruhic Offices should be- vacant
This woad be readily admitted as 20 the higher Offices.
those OF the COve and State officers and Of NOM
bers # the Legs'a and Judiciary and equally
true to the inferior officers and perhaps no
degree
The Legislature may make the proceedings Of tho Ia
spectrs and Canva,ers concluSiye until they nm
peache the formal mede prescribed for trying title to
Office and the intention TO make them far conclusive
may he asceTAntd readily from the general scope u
the law a. from express permission Such intention
appears clearly IA this case -
No serious Dj ~ Is done by his The person entitled
~ the oce Immediately. after his term COMMENCES
proceed by Information IN nature II quo ~auanto The
Court TO that class OF cases over others,
and by that proceeding he remove tho intruder and
cause him 10 pay damages for his int yson -
90 be- cIpresaec in he People a. Vail 20 Wead. Ia ~.
the contrary tie decision the oanyassers was concu
sye an ete'yfoTm H. Which the question cond arse eiosps
tha, Of direct proceeding by quo parranfo o. W the
nght" and Nelson say, IN the People U.s. Stevens,
dispute which Of two persons has been cleo ed 70 an
odce and indeed "A erey otaer oeesdny is,oylng the
le inquiry eIcsp: gpO ~oTronio the regular detsrmlns-
ton of he Board OF to DO deemed CONCLUSIVE
upon the parties Tho original merits. BY which mean.
the question ansng upon canvass OF the votes eaaso os
hs r.eneG bot The result as Ha csriaed Or declared
Tie saises, snt DGt cf the learned Judges sPaioa
Allows that 80 probably meant, by arosulI eecsiynsh
irregular ItG face The present case 10 an uasss
ten Of the evil OF our interference such cases To
order . show cause OF any eAec he pfoceeo
BRs OF the Coun Canvassers must be stayed rot only a
10 tins Dstrct merely bui the whole Fourteenth
WIND. The Applicant asked for thus, and was srsa.so
tenpoFaTly: the Consequence that for an slegcd
sr OF the County all the votes Of that ara
dsreg aIdtd end the Can'assef. maze return,
cluGpg those votes Il supposed. on tbs hgunsnt
thai that IBa have ended their power The Court mght
nert be called stay the enfs proceedinss OF we
Counts, and II the Ssste 40 far As relates 70 hs
Office aud neIt stay the CalyssseIs until the qass
ton as 10 District should be decided C0uia tnas W
AZ DcsssLsy be consistent With the statute "tch hA
been 20 often referred 10 And If such order were sss
gTaIfsd aud the County aud State CaRVssser proceed
Will out The votes Of this Distinct Of VIA, use would th
ncye application Il the Of mandamus be 10 anT ons
IN srsred Il is evident tina, the Cdnyassers would %
placed the des Of disobeyirs the orser. or dsoesy'
ing the statute
County Canyuers VOID account Of tbsr ansera-
men, f0 leiod or for purposes act aathonled ss.
nt a. show mat the ntsniion Il the Lsgsture and the
duties Of those officers those subjects are clearly Sind
,sd n n. siatus referred TO- IL unnecessary TO sx-