The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-16

done that are not In the returns. wish that you
had tho power to investigate the legality Of the
matter In dispute, but II you not the power,
thank God there il Court that has and that the
Supreme Court Charges graver than these were made
last year AFTER the election but they not carried
to the Supreme Court, when the Board Of Csnvassers
refused to go into them. You, gentlemen, know well
that the whole law Of elections derived from the stat
uteyon know that the statute creates three Boards of
lnspecorshat is the District Inspectors the County
Canyassers and the State Canvasser in this city here
Is Hoard called the Board OF Ward Cauvassers esta
bshea under special statute Now, my first argument
addressed 10 you is derived from the powers OF the
Ward inpectors-they have tho power 10 receive the
ballots 10 CANVASS and compute these ballots to make
out returns and send the 10 you You have power
to receive a ballot TO make out return-ydu have
only power TO receive these returns and eau
vass according to law. The Board Of Ward
Canvassers exercise some Judicial p,wers--that Is
entitled vote. Now II is claimed that from the dec
sons of these Boards of Ward you shall
an appellant jursdicton and that without single au
hority In any statute decision record The power
given to the Boards of Ward Inspectors Is given stat
ute expressly and directly They to determine the
question who has right to vote; and while power Il
given to them to do is conferred yon. And it
Is proper that this should be The Board OF Ward
Canvassers hear evidcnce-that Is, they a.
his right to vote you hear evidence or can you
Certainly not. Where IL your process Of subpmnA 10
procure the attendance of wtnessy You are utterly
poweress In that respect but my friends the
other side might say you can produces evidence
Why, you know that afdayats are taken in any
trial and for this reason, that the powsr OF
examination may be accorded To the other side Cross
examination Is in law considered the safeguard Of truth
and of rights which the subject OF litigation.
you then la any to be called tribunal to deter
mine this question: a tribunal without the power to
anime, TO subpoena or attacy witnessess After you
constituted the original statement OF the canvass Ia
each district shall then be produced and from them the
BOARD shall proceed estimate the of the candidate
and make such statements the elec
uon may require such statement shall then be de
livered to and deposited with the County Clerk. You
are to canvass these In accordance with the law My
learned friends the other side say you have right
10 go into them till you investigate whet these candi
dates have done their duty and have behaved themselves
properly Another section of the law with regard to the
Board Of County Canyassers reads as foiiows:-
In such statements the whole number OF given
town and district ts names o. The canddse and The number
length
Mr. SHEPARD also the following from the election
law
the The chairman ma and secretary Of the ana
tho County Clerk oce Upon The state
men. Of votes given the Board snail aeermine g.
to ne that IN any statement produced 70 them
have been inserted that any mistakes which
merely exist they shall cause me statement 70 be sent by one
he & town or ward nspeors and town or ward
corrected and The said deputed shall
medaes proceed and give 70 the sad town % or ward In
together and make such ion the facts of the
shall any such meeting change or alter any decision be
fore e By Them but sha only heir canvass be
horiaed adjourn day day purpose obtain
ing and receiving such statement such adjournment to
The office of this Board, continued Mr.. Shepard Is
purely ministerial one In proof Of this he cited the
argument quoted from the following authorities -
60 People GO and Cooke ! barbour 2ss 2s 2s1 80 sslen
Sen | @ I c
oas 70 rs1ssss sn AZ reogs % y T TT,sae ncasas %
Manning % aS2 Baker vs. YORK County oomm!sslOpsrs q
Statute Of ls42, 8, H. b. 8, 10.
In conclusion said Mr. Shepard let say have
high opinion Of this Board To think that the
camor out of doors louder than H. armed
stood about this hall this Board would be swerved
from ITS legal duty. do remember, upon .sion
IN important case which shook the city to its very
foundation. mean the of Expa.;e Heah--when II
did happen that the three judges all Of party
character-it did so happen that the question In
reference 10 ward about the ordinary majority Of which
there could be dispute and yet n did happen that
the law vindicated. The courts open To every
man and there il necessity for making the Board o
Board made arbter In every election party spirit
must rule and justice flee away.
Mr.. Vim. Curtis Noyes who appeared on behalf Of the
contestants followed Mr. Shepard aud spoke in
as folows'-Itis Is not proper said he for my learned
friend who has preceded 20 deny that there Is any
necessity in proving the existence non-existence Of
fraud or for US to here. Fraud l. offered to be
proved IN reference to conducting the canvass in ree
renee to making the returns and for the purpose ~
certainng whether you have right TO look into the
charges which have been made. The counsel here
viewed the authorities cited by Mr.. Shepard and then
proceeded follows;suppose the poll list Of district
contains for particular candidate 90 votes and
more and Il tuIns out upon examining the statement
brought here that he has 250caunot that corrected
viii any gentleman say that Il cannoY appreend not.
Well mightgo on and suppose great many other
not fabulous ones either but what | have a5undant
proof oHnd can't they be correctedg Suppoe another
which Il not merely imaginary suppose the
Inspectors have made set Of returns, and died mem
in The Clerks Office, before they made second return
and gave them % the Supervisors AMI those returns
howed discrepancy Of five hundred votes between
those brought by themselves and the supervisors;
suppose they voluntarily at the suggestiou OF
candidate, TO the Clerks Office and take back the return
there difference Of some four or fye hundred
fn hfppt tt,gw
have no authority 70 do, because their power spent
after they have msde the returnswi II be pretended
this Board under these circumstances look into
the matter suppose in reference to q particular ward
there poll lists filed In the office and we show
that the real poll lists FIVE hundred votes
Ia offer 10 produce the original poll list would this
Board shut IT, eye 70 the fact that gross fraud had
been compittod Now, 10 most of the cases should
suppose the evidence woui be found IN the Clerks Of
Zee but there Is another case, and that Is The absence
OF the pol list In every " this description AMI in
every analogous case the guards thrown about the
certnnmont Of the result u election show it in
tended 20 confer upon this Board the highest AMI
responsible duty for the.purpose wing that the In
spectors cannot do anything which would be fraud
upon the election returns. II 10 this question
whether under the fifteenth section Of this law anl1fba
general powers implied in H. you authorized %
inquire into the verify and the authenticity OF these
returnsf Whether you not authorized TO inquire
to their having been honestly made and honest
ly brought here. and whether they express
an honest result The law Is not TO be narrowly con
strued II made 70 promote great public sject
the expression Of the will u the people honestly only
In the ballot box but the returns that made. And
hence narrow contracted opinions 10 apply 10
H. only requires free and proper judicial spirit In
i's Interpretation 10 carry out the intention Of its
framers II l. said tha, this Bard have no means 10
ascertain ali these facts hut that deny They have
three valuable of inrmatinnthat ext-itog In
right that existing purely In the Office, and that which
exists here and In addition they may q behind
that which relates 10 the authenticity and accuracy Of
these returns. They have right to that the per
who permitted 10 vote dl vote that their votes
counted and that the return expresses the truth o
that count made To ascertain this they have n
right 70 into examination Of the facts They have
only right 20 look into the truth of these returns
but II r their duty 10 do In the exercise " this great
power they may witness for the purpose ~
tainIng the truth. We propose 10 take the return.
Themselves, 10 compare them with the authentic
ria of this election and 20 show that frauds have
committed which vate the election of those who pre-
tend TO have been duly and legally elected. THIS Il
what We propose 10 do and submit that this Board
ought 10 per NIT us 10 do r..
At the close Of Mr.. Soyes argument the Board al
Journed TIL eleven O'Clock ths morning.
~ 1-n.