The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-16
WHOLE NO. 7o1e.
Boar,, or county Canvassers.

THE CONTESTANTS AND CANDIDATES ELEoT-HAvE
THE BOARD THE RIGHT TO INVESTIGATE ALLEGED
FRAUDS IN ELECTION RETURNS
The Board of County Canvassers held third session
Yesterday to the argument of counsel behalf Of
the contestants and in opposition. The chamber Of the
Board OF Aldermen crowded, the preceding
day. In addition to the counsel who have already a-
peared, was Mr. Grard, Mr. shepard, the corporation
counsel elect, appearing in his own behalf After the
calling Of the roll, Mr. S addressed the Board
Having said he arrived in town very late last evening"
upon received in distant city to the effect
that Ii proposed TO take here in reference
to The returns of the Ward Inspectors respectfully de-
sire to be informed what papers are before this Board
and upon what evidence they design to acta
The PREspEST-There two protests before the
Board
Alderman Ely moved that the protests be read for the
Information Of Mr.. Shepard
The motion was adopted and the documents read.
fThese published in the HERALD of yesterday.l
Mr.. sHErARD then said that he had received copy,
notice whatever of the intention Of the contestants,
till he one Of the morning papers. seems to me,
he continued most extraordinary thing that allega
tons reference election be without any
sort Of notice to the candidates don't know how It
be in reference to other candidates but have not
% s no ny OF
ing will ask the counsel whom understand are here
to represent the who have signed this protest. if
any notice has been giveny
An the sells tor the contestants replied that they
had not sent him any notice Mr.. SHEPARD thsu said It
with the disposal of question which contained very
serious charges against large boces Of inspectors with
out any sort of notice and that proceeding Is about to
be taken which would be valid in case involving
txpence worth OF property or five minutes of personal
liberty.
The CLERK at the direction of the President read the
minutes of yesterdays proceedings.
ssfs it. them continued Mr.. sErARD sexpectsa that
should say something in regard TO my own cainass"
The PRESIDENT replied that the question before the
Board to the admssiblity Of the protests and
whether the Board could go behind the returns
RD--t i
thing,
counsel without any restrict the number the
time they may occupy Already considerable list OF
counsel has been proposed and we can't tell how many
may appear for aught know half the bar OF New
York may to comehere and occupy the attention
OF this Beard. One has as much right if we have no
restriction occupy ten hours as half, and for the
purpose OF avoiding this would that each candi
date be restricted to counsel and would also move
further that each restricted 70 hour in his
argument. would ask the counsel II that is sufficient
One Of them said that he would take an hour and
half and another said that he would not require an
hour.
Alderman HowARD-Before voting for hour and a.
half would like to know how many lawyers there are.
J. myself would not like 70 sit here for an hour and
half listening to speech
The PrtsiDEyT-Th ere is lawyer for each candidate
Alderman HowAKD-And how many candidates are
The PnysDrr-Five.
Alderman HowAnD-welI that would be nearly ten
hours and that is longer than want to sit here listen
ing TO any man or set ot men.
Alderman loRD-It would be bnrteen hours altogether,
Alderman HowARD-Fourteen hours hope the gen.
tlemen will say one hour.
Alderman LoRD--i shall make 81 an hour
Alderman HowARD-H it is one hour shall agree
The motion was put and adopted
Alderman Ely desired to know the order OF proceed.
The stated that the counsel behalf Of those
who mate the protest should he heard first.
Mr.. sHEPARD remarked that the rule was exactly the
reverse last year.
Alderman LORD moved that tbs 0cznsel Tor the pTotes
1ants be frs. heard.
The molten adopted.
One OF the counsel on behalf o y, protes,ants then
proceeded address the Board, and Cpokc substantially
follows:We are, said he, permitted to discuss two
ques.ionsGs whether this Board onght to receive the
protest and second whether they proceed to inves
gate the alleged frauds in tho late election; in the
precise language Of the resolution whether they will go
back Of tie reiurny shall endeavor in the course
OF the few remarks shall make that sley investi
gate the fauds without going back of the returns a1i
at the time that this Board have the TO back
of the returns. am he contnued that Of the
judges in the somewhat celebrated aud famous Of the
People ag Cooke, dropped expression ike this that
the Boatd Of County Canvassers cond not behind the
returns But that uncalled for. there such
issue before the court dad that been the question at
issue and had il been definitely determined, you would
not lind here to against the decision.
In the of the town of Chesterfield, the Board Of
County Canvassers rejected return which was irregular
In its form because the Official character of the inspec
tors not sufficiently proven.
The counsel quoted the case ia which the County
Canvassers threw out the from certain
district in the Fourteenth ward because they had not
attacned to the rnturps n spec,men Of the ballots
voted. and contended tbat the board sove-
reign and independent and that they had been
created for special purpose by tie Legislature * the
State You are, he continued only 70 act according TO
high o your duty and your dignity ana according
also to what you conceive the spirit Of justice demands
II you canvass into office, who has plurality Of
certified votes being satisfied that thefe votes rau
suen ard void the difficulty III you into office,
sheriff corporation counsel il msy be, who has
title to it. while you are az the same time convinced that
he has not, and you leave the person who you link Is
morally eatued to u, 70 81 o~ltnoat' ,ne courts nave
go behind the return, although say we don't ask you 70
do so-s we ask Il that yaa viii place yourselves IN
position Ia which you Judge ON your responsibility,
ss moral men to the and determine upon
the certificates sent in FIRST whether they ths cer
oates required by law. and then whether the cand
date the other Is entei TO hts election. NON, in
regard TO these frauds. hos 90 stand don't kuos
whether gentlemen Will think Il advisable for them
TO indulge, in the course of their remarks. ia
any reflections regarding the ialsy and voousness Of
those charges They may do %, but submit that has
nothing do with IT, We charge the frauds, AMI they
say they shall not be investigated Their answer i ex
Actiy in the nature OF q cemurrer-they say, although
these frauds exist you cannot investigate them Now.
viii that be satisfactory % these men W y be salts
this community Can the right OF sovereignty
and the elective franchise he subverted in this sort Of
way Fraud Is alleged and proof y offered Vow, they
don't deuy the fraud but they deuy the right 20 bring
forward tine prooi II we're candidate Tor oice aud
had any principles Of honor should hardly oonsent
hold It, II elected under such circumstances. have
however to say that thee frauds charged and they
denied; but stopped short and told that
they can't he inquired into, that the Board of County
SanyasseTs have right e look into these returns and
saw how they have been c,ncocted and up that
they anything contrary to law the face of the
returns, they cannot throw them out aud that
they will not receive evidence of fraud in those
turns. All we ask is that they will do this
Mr.. LoRRSzo b. SfHrARD, the Corporation Counsel elect
replied folows-Mr. President, had the time been
given TO by sort Of notice 80 retain counsel in
This should have made such retainer but have
had opportunity OF consultation with any
time to examine any authority-not a moment cor
fecton and an here 10 present uy case and that
alone. ! shall have to depend, therefore, upon
very general recollection Of the law applicable this
Ihe learned gentleman who has just been heard has
in my judgment considered 'hs case without any sort
Of reference the itself and without that
sninatan which ne should have made OF the actual
mowers the Board entitled exercise. lie has said
Il would be improper for You IN permit fraud 20 pas
punished and that you 80 review iraud wherever
you could Ind IT, Now shall show you that there
other tlibunsls-consttutonal tribnnal+tor the pur
pose examining these frauds and that assump
lion Of authority whatever would he unwar
rantabie violation Of lava step towards am rchy
Nov let us take a observation and what i the
auesisn before protest Is presented alleging that
~ districts aft he wee