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

oore that are not in the returns / wish that you
hac the power to Investigate the legality Of the
matter In dispute, but il yoa have not the power |
thank 6od there Is Court that has, and that is the
supreme Court. Charges graver than these made
last year after the election, but they carried
To the Supreme Court when the Board Of CanSassers
refused to go into them. You, gentlemen, know well
uteyou know that the statute creates three Boards OF
lnspectortbat Is tbs District Inspectors the County
l. Board called the Board of Ward Canvsssers esta-
bshea under special statute. Now, my first argument
addressed 10 you is derived from the powers Of the
Ward Inspectors-they have the power to receive the
ballots 10 canvass and compute these ballots make
out returns and send thea to you. You have powe
to receive a ballot, to make out a return--you have
only power. to receive the returns and can
vass according to law. The Board Of Ward
canvassers exercise some judicial powers-that is
to say they determine, evidence whe her a
entitled TO vote Now il claimed that from the dec
sons Of these Boards Of Ward Canvassrs you shall have
appellant jurisdiction and that without single au-
horty in statute decision record The power
to the Boards of Ward Inspectors is given hy stat.
question who has right to vote; and while power is
given T. hem 10 do is conferred you. And IL
Is proper that this should be The Board of Ward
Canvassers hear evidencethat is, they q a.
to his right to vote ID you hear evidence you
Certainly not. Where Il your process Of subpGaa to
procure the attendance Of wtnessg You are utterly
powerless in that respect But INV friends on the
Why, you know that aaidavits are taken in any
trial, and for this reason that the power OF
examination may be accorded to the other side Cross
examination is in aw considered the safeguard of truth
you then in any to be called tribunal to deter
mine this question? tribunal without the power ex-
anime, to subpoena or attacy Witnesses After you
constituted the original statement. of the ia
each district shall then be produced and from them the
Board shall proceed to estimate the votes fhe candidate
and make such statements hereofas the OF the cleo
ton may require. Such statement shall then be de
Hvered to ard deposited with the County Clerk. You
are to canvass these in accordance with the law NV
learned friends the other side say you have right
to 60 into them till you investigate whether these candi-
dates have done their duty and have behaved themselves
Arnfh -lant
Board OF County Cauvassers reads as follows
In such statements the whole number Of given
Of votes given to each shall be written out in words fun
length.
Mr. sHEAEp also read the following from the election
law
shall be certified as correct and aested by
The "a a q the chairman and secretary Of TIE Board ana
the CountyClerk. recorded In his office Upon
ment of votes given the Board snail proceed determine IT,
upon proceeding the shall clearly appear
70 ne cnvassers that any ssemen. produced hem
have been inserted; any whca are eercs
mere exist they shall cause the statement o be sent BY
he town ar ward Inspectors aud town or ward Of
corrected and he said canvassers dcpaied sha in
medaey proceed and give norce 70 the said town ward In
assemble togsiher and make such
shall not at any such change or alter any DECISION be-
fore mate by them but shall only their canvass
iborzed adjourn day day orhe purpose Obtain
Ing and receiving such statement such adjournment MOI %
The Office of this Board continued Mr.. Shepard, Is
purely ministerial one II proof q this he cited the
argument quoted from the following authorities -
People and Cooke II Barbour go 2s6 2s1 29 sclden
% 90 Peope vs. Bristol sad Tnpiks Co. =
strong 20 rcSering ssl People vs 1isale Doagass 50
Msnnng ss Baker v Yos COUNTY 1omeaefs S S
Maine 4sl Mayo vs. Frseland' 10 Missouri, $50. Election
In conclusion, said sr. Shepard let say have too
high opinion of this Board to thnk that, Il the
caog az doors louder han it is, armed
stood about this hail. this Board would be swerved
from ITS legal duty. do remember, upon Asion
an important case which shook the city to is very
foundation. mean the of Expare Heath-when il
did happen that The three judges all Of party
chaI acterit did 80 happen TINT the question In
to ward about The ordinary majority of which
there could he dispute and yet 1t did happen that
the law vndicated. The courts open 90 every
man, and there is necessity for masking the Board Of
BonI made arbier in every election party spirit
must rule and justice fee away
Mr. VIM. Curtis Noyes, who appeared on behafof the
contestants followed Nj. shepard and spoke substance
follows'lt il not preper, said he for my learned
friend Who has preceded me, 70 deny that there any
necessity in proving the existence or noneisteace Of
fraud, for MS to here. Fraud i offered 20 lie
proved in reference to conducting the il ree
renee Ia making tie returus ana for the purnnsc u
certainng whether you have right to loo into tho
charge which have been mnde. The counsel here
viewed the authorities cited by m shepard ami then
proceeded n ioiowsSuppose the poll list o district
contains nv 4 particular candidate 222 votes, and ~
mere, and il turns or upon examining the statement
brought here That he hns 20canu0t that be cnrracted
viii any gentleman say that i canno1 upprehenA not.
Wen might 50 aud suppose great many other clses,
not fabuors ones, either, but what have abaninnt
proof o-and can they he corrected suppose another
case, which not merely imaginary suppose the
inspectors have made set 81 returns and leI them
in the Clerks Office before they made second return
and gave them to the Supervisors AMI those returns
showed discrepancy # FIVE hundred votes between
those brought by Themselves aud the Superys rs',
suppofe they go vountstiiy at the supyestion of
candidate, 70 the Clerks aud take back tho return
and there Is difference q some fonr or FIVE hun1red
votes when they 10 tie returns thing thsy
have no authority to a. because their power spent
after they have made the rcturnswil II be pretended
this Beard under tbee crcumances cannot look into
the matter Suppose in reference to . parcpitr ward
there POLL lists aed in the oaise, and W. show
that tIa real poll lists Eve hundred yotes
short II the returns, and suppose
TO ofer to produce the original poll list woul thi.
Board .hui IL eye 70 The fact that fraud had
been committed. Sow In most II the eases / should
suppose the evidence woui be found IN the cierkf oi-
fee hui there i another and that II he absence
o the poll list. in every Of this desr piioa ami IN
every analogous case the guards thrown about the
certanncnt of The result o election show i In
tended - confer upon this Board the highest AMI
Hpeci9rs cannot Do anything which Noula b fraud
upon the election return. II come - this question
whether under tho fifteenth section u this law aniahe
general powers Iapes IA it are not authorized -
inquire mo the verify and the authenticity o. thee
returns Whether yon not antharized ~ inquire
a. to their having been honestly made and honest
" brought here. and whether they express
an honest result. The law j. not 20 be narrowly
strued II made to promote great public ,ject--
Ia the ballot box, but the returns that made And
hence contracted opinions 70 apply to
II. only requires free and proper judicial spirit n
Ill Interpretation 10 carry out the intention " ts
trainers. II Is said that this Board have ~
ascertain Al these facts but that deny They have
three valuable Of in0nnationbat existing in
right that existing purely In the Office and that which
exists here aud say In addition. they may @ behind
that which relates 70 the authenticity and accuracy ~
these returns. They have right Ia that the per-
who permitted TO vote did vote that their
counted and that the expresses the truth
that count made. To ascertain this they have
right to into examination Of the facts They
not only right to look into the truth OF these returns
but il i their dnty 10 do In the exercise of this great
power they may witness for the purpose Of
tainipg the truth. We propose 20 take the returns
themselves, % compare them with the authentic
ras Of this election and to show that frauds have
committed which vtate the election Of those who pre-
tend to have been duly and legally elected. This il
What propose TO DO and submit that this Board
ought to permit to do 1t.
Al the close Of Mr. Noyes argument the Board ad-
Journed al eleven o'clock this morning.
Court Of Claims.