The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-06

Twesty. third street, or sop.vase tasre sad, OF
course, It would cost great deal to osrs Il up
Alderman OAKLEY Thought it vas about six
years since tho ground has rst been Designated for
that purpose,
Alderman DySaAN thought it was very proper
paper TO be rsir reo, and 40 suggeSEed COMMITTEES
DO appointed TO select place for the purpose
Alderman STTRTEvASr thought they should frst
grant tho prayer IL It sas referred it Couli 10
buried, a. many things were A. long rs they sept
simply referring thoy would do nothing These
Loop!e had been pesitioniDg for years. without re-
dress
Alderman DESMAs--It is unssfs to dam no en-
rent unless you open channel tor the eve foy Us
moved IL ba changed TO Watts street This cated an
Alderuan B0YcE, amidst much laughter. VIA sad
il WAS lot fair-that Watts street was ia his ward
discussion then took place as 10 Whist oommt.
tee should have it, and Alderman BAIR suggested
the prayer oe granted af er = oertniu dtta ami ia
the meantime something might he dons, and Alder
man OAKLEY accepted II ms al amendment
Alderman WARD thought some provision should
be shade TO prevent manure lying in the ssreats,
they dirty eBough-Rnd we had nothing bat
CON plants from he public aud tao pres which ex-
pressed their feelings
Alderman SruRrEvANr would introduce = resoyu-
ton to meet hat. fthe petition granted, With
the amendment proposed. say ana after tue rs of
November. THIS was afterwards changed 60 tho
first Of December, and tho prayer was z anted Tao
dumpiDg Vi Roosevelt sszeet to after the latter
date.
to the effect that il be refereed tho Comotee gu
CLEANING Streets to report other place or some
other ans, either by boats other slse, to re-
move tho manure from the streets aud the CITY
This was adopted, aud after tho presentation OF
sono railroad md other petitions, sni SOM
pores. thsEhair announced that m,tous AMI reso-
lGtions were in order,
Alderman STURTEyAnr moved the order Of tho
day,
THE NINETEENTH WARD ELEcTIoN CASE
At this awful summons Aderm IN DGNaAN moved
they take a recess of 45 minutes as tho rssiing of
the report would take some two hours, and they
had now been two III session
This timely motion was carried, and, refreshed
by their repGst the members re tacned co their Hsr-
culesn task On tho roll haviog heen ciilet, Mr..
Nixon, the clerk. proceeded to read toe majority
and minority reports ofthe Special Go nnitscs, con-
tanned in neatly printed volume OF I35 goa
The majority report, made By Messrs ITEM anu
and Bard, is a very able document aud several au-
thoIies ere cited in support OF their views in favor
OF tho sitting Alderman, Mr. John Doherty. (ds ~
retaining his seat 1t contains all the testimony
tsken before the committee, which sat continually
f,om January until May last, Mr. Garrett stryker,
Jr appearing IS counsel for the sitting Aderniu,
and Mr.. Il d. Smith for the contestant, William A
DOoley. About fifteen witnesses, i. seems were
examined consisting Of the Inspectors aud clerks
Of election. and policemen This testimony
is very rich and raoy in many parts A
dreadful riot is described as having taken
place - hydrants turned on, ballot boxes
broken, &c, and the inspectors flying from
tne1r posts DelOre Inc Vine tOr OiObtuR the p0liS,
whereby the ballots in two Of tho districts were
destroyed, or many Of them, rs was supposed, and
in one (the second) no return was made.
Tho prir cipal point made in the IN tjorty report
is-that there was fraud, and that che result of
the election was not changed that, therefore, AL
derman DoRerty is legally entitled TO his seat
This visw is supported by several references to
cases Of contested elections in our Own and
is 8 The Sixth Ward Ca.e,' in this city, as it
is Familiarity called, in which Judge Coweu
delivered the opinion Of the court, reported in 3
Hill page AZ. In that opinion he says "Cho failure
to make return, no matter from what ctuso. will
not vtae the election. unless it be sho that the
votes not returned would have changed tae result.
In case" said the learned judge, THAT we arc
aware of, has it been hell that the accidental
lose of ballots in single subdivision Of elootioa
district, even though it prevented return,
all Of itself defeat detract from tho eo ,tion
as it stands the votes which are properly re.
TUNED Onoe admit the principe that the loss ola
part Of the votes out Of the numter which u W or
should be given at al election avoids tho whole,
and it is difficult TO conceive how sy stem Of gov
eminent entirely elective ~ ours Is TO b. carried
on; the principle is the same VIII ther it DO CON
side1eo IN reference to nunic pal corporations
tJ districts, State election or even federal eoc-
fioD for presicenS Again, TO give the lossnny
effect. IL must ut least be shown that vi. bout Its
happening, the result would have b.sn different"
The People tx rel. Benton Vail, 70 Wend, is to the
same effect These cases further strengthened
DJ fJTNFtc reported ~ flcKrrns,
which arose IN Massachusetts,. under statute which
j. quite SINH ar TO the New York stasu;e aud sege
raj others which they cite in thor report referring
to contested seats iu Congress. Go
The minority report, by Alisrm5u Sturtevant,
(whie,) is also Goe and well yr,te Oh Jooauien ne
exhibiting the gross irregularities ,hM occurred
and the abiding magnitude emo ioinito inp0rtaaoo
OF the precedent the Board is c.led upon to estsb
lish and citing the case of Col Il l. Snow. un-
seats d, on account of very slight deviation from
the Gle ction laws by vote Of the Assembly Hav
ing gore through the whole euhjeot, he arrives at
the conclusion that the election charter officers
of the Nineteenth ward. held on the 18th Of Novem-
Der last, is void and of no effect, and that john
Doherty is no. entitled to his seat
On tho conclusion of the reading Of these reports,
Alderman TTEMAsN az once moved the adoption
Of he majority report, an the passage of tho
luton annexed
Alderman SrURTEvANr would on tho other
hand. move the adoption of the minority report.
Alderman BHIsLEY would ike to hear the tes-
tmony read he therefore called for it
Alderman SMITH hoped it would cot be read.
Every member Of the Board had read tn at book,
and they would net get through till past O'Clock,
Alderman STURTEyANT had not asked for tho
reading, and if tho gentleman Of the Eleventh,
(Smitn) who teted all the members had read it,
would could only say that he hmself had road i
and understood 1t. he, DIR Sturtevant would second
his motion to oispenso with it. The motion Of tn,
gentleman from the Ninth (Brisey) was strictly
correct
Alderman SMITH coulu say ne nau re8u ~, hut
perhaps not that he understood it all He quito
ready to vote upon it.
Alderman STURTEvAsr Yes. have no doubt
of that Qaugher) but if you say you have read
it-that's enough.
Alderman TIEMANN was sorry If there were any
members who had not read and understood it,. The
object of printing it was that they might all do so.
Alderman BRIsLEY had read the testimony over
two or three times carefully; but what tho
of reading half a document, and not reading the
balance! Even if it take till half past one, and
was, as the Alderman OF the Eleventh siid, :" a
kind Of borish operation" he thought they should
not be so much afraid Of their timo wGen sitting
there upon that matter.
The President said the motion would DO that Of
the Alderman OF tho Eleventh, that the roadng OF
the testimony be dispensed with.
This was put, and lost-syes, 8, noes,6.
Alderman TIEsANN said It would taxa an hour
and half, and he novel they adjourn and mect
tom orrow, at o'clock
Alderman OAKIEY wished In get through to.