The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-17
Board or County Csnvassers.

Board or County Canvnssers.
v8URrH DAYS sEssIoS-FuRrHHK ARGUMENTS OF
COUNSEL FOR THE CONTESTANTS AND CANDIDATES
5LECT- SPECIFIC CHARGES OF FRAUD NOT con-
tanned In THE PROTEST.
The Board OF CAM held their fourth session yes
'ersv and heard further arguments OF counsel on be-
half Il the contestants and in opposition After the
IA lug sf the roll, Mr.. w. n. EvARIs, counsel OF My.
.;rk.es nc ID essed the Board.
He commenced ty reviewing the provisions Of the cleo
,iou law The inspectors presiding the ballot box
sd he the only persons that have any control over
test q his own oath. Nobody sh. intervene IN the
count of the original ballots but the parties who have
resided over the taking Of them. If they corrupt
hey are responsible the penal law, that Furnishes
pls.t Of duty Bu il they are not at persons to have
thst power, who put them theres The people; and il
rused then the whole system falls But it win be said
this sufficient guard the elective franchise
the s ns nfs 'hs to %sss them Il
hat the people themselves shall select the inspectors
and has provided 70, the protection Of their rights
selected agents. what fault there In the agents
which the people appointed them not responsible
Of the legal vote whether 1t b. district ward or town.
See with vhat the law provides that from that
BY shall be borne through the hands
OF the honorable and Trustworthy who derived their
the 81 n the WI The
OF the town. to the supervisor Of the ward Now with
what consistency gentlemen ADDRESS you upon the dgni
ty and of the elective franchise and yet
to dsparage the duty that IL entrusted to you of coming
in at this stage and seeing that fasehood fraud
intervenes. And would have you gentlemen deem
yourselves dshonored by the counting of the vote, or
think that it is tripg duty have to perform Why
boy or clerk night psrforms why employ at large
ares to the gold in the treasurya duty that
Because the public valuable and the best guar
antees must be had for the discharge OF that function
We cannot but admire the wisdom Ct the law which
81 that a.
iscted by the people shall alone be charged
with any part OF this important duty
Alderman wAKENAs-suppose it is conceded that the
counts have been donbledf
Mr. E7ARrs-Your duty simply to count the returns,
and there is power Invested in them to 90 behind
them.
Alderman wAKrsAs-suppose it is wima facie evident
Mat the returns 10 gedy
Mr.. EvARIs- The primary right is to be determined
judge of the fact whether they genuine forged
But win present you what think would fully meet
provided for the transmission of the original state
ment directly from the hands Of the party who made it
into the hands Of the party who takes it here Now,
the whose is at the foot of the statement to
the who delivers it, then you have found loophoe
in the law. You have not been conceded any powers
beyond those contained in the statute, which pre-
scribes your duty to be that merely Of counting
csde that powers Are the Supervisors to be
entrusted with the barter Of the peoples liberty,
and BY concession agree that the returns are bad
fraudulent The moment that learned gentlemen lay
men talk OF general concession then they talk gene
raj combination conspiracy Now you will notice that
and national Offices. Ii you have the power TO inquire
into the votes in the of Barr and sickle you have
light 70 inquire into the votes for Governor Secretary of
state, and PRECEDENT Your duties are clearly mnise
rial and have been definitely fixed such by law.
Mr. Gutter appeared as counsel for Mr. Thomas Barr
the contestant for the Office of Senator from the third
Senatorial district. He commenced by reading the pro-
test Of M Barr which has been already published the
HERALD The question now, said he is whether this
board will permit to be heard by evden,e support
the allegations presented to you If is the law that
shall not be heard here that shall not have the
right to prove rand in the returns then say continued
the counsel, that you bound to reject such law
II that is the law stand in the face Of the
principles Of eternal right contend that there is no
such hw and defy any one to produce authority
which leans in that direction. All ask you to do is
to get at the original returns and then when you do
that to try they correct and they do not contain
frauds. You are 10 canvass-hat il the term-and it
to count Now it is absurd for the gentleman on the
other side to say we can go to the Courts Why,
vent to the Courts might be tried before the
term Of the Office which is expired. Besides
many OF the candidates would be able to raise
pose however at the termination Of the trial it was de-
cided that the contestants entitled to the offices
which they cain ed, of what would such decision be
to them when It was rendered perhaps two or three
years after the expiration Of the term Of Officer Now
say wherever The power to try questions the incidental
power to procure evidence exists. This is uniformly
With regard TO the delegation every polite and judicial
power You are asked to take these returns, which
say are returns-tbat say false; and you
asked TO certify them because 1t is said the law requires
Now will you do thiss Win you take false esti mate Of
should statement ia admlttedthey say for
purpose OF argument they will admit and yet with this
a a you won. look at the evidence You won't
votes and pass upon them true Your duty said
is to certify that these elected till they
ousted by the process of the courts. Now don't be-
heve you will be guilty Of this injustice, but that you
viii do your duty and at the same time perform an act
ofjustce towards the conte ,tants in this case.
Mr. Cutler followed by Mr.. Girard who appeared
on behalf ofthe candidates elect and in opposition to the
contestants. He spoke in substanc follows:-This
Board said he has been by the statute and the
power IT POSSESSES is marked down In the statute
drawn With great care that might be LETT for
conjecture speculation This Board is he creation Of
ss Ssv sh" n n. By ans
which states what you are 10 do sayshe Inspectors OF
u. s; S1 ss S1% Ss s
face 70 acesnd the Chairman Of the Inspectors places
them in your hands.
Mr. Grard here read the law in regard to the duties of
the Board which published In report yesterday
The original statements OF the he then proceed
ed given to you and from them you to make your
canvas, and from nothing else not from outside aiida
vita Of partisan politicians but the statute from the
statements placed your nands oy the 81 .ns
coed to determine and not by papers you may find filed
by any one, the number OF votes The Legislature In
framing ths law have been particular to give oppor
tuny for the qualification OF the feelings OF political
friends or the passions Of political enemies You have
no more power to adjudicate upon the correctness
Of return than have. If you find that your csrtia-
Gates don't comply with the forms of the Law, then you
them back, and DO the same on naing tnat tne
clerk has made mistake in any particular that such
mistake may be rectifed Mr.. Girard quoted from
decision of the Court of Appeals to prove that the
Board of Canyassers have no power go behind the
returns on the ground Of rowdysm at the polls or OF
rregularity the part Of the inspectors ms ne con
sideTed conclusive the question in dispute, and he
felt certain that the face Of such high authority the
Board wsuld not go behind the returns or investigate
any alleeed frauds Last year, when the city was in
tersely exciteS and whom indignation meetings were
held before the City Hall, you remained firm, he con-
tinued and upheld tis law BY deciding sixteen to one
that YOU would not 90 Iehnd the returns. Let these
gentlemen apply the courts which are open to them
saw In reply 70 this that the oiestan's have not tie
means but the Attorney required BY law TO con
duct their case and that without expense TO them
they also state that the delays Of litigation arc sush that
they would he able 10 obtain decision till a. Ter the
expiration Of the Of the Office which Is In dispute
Now Is only necessary for to refer you to the case
Of Cooper which tried before the Court and In which
Cooper who was declared to be the candidate elect
No Oh IN whf ho mad IN have