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

THE CONTESTANTS AND CANDIDATES ELECT-HAvE
THE BOARD THE RIGHT TO INVESTIGATE ALLEGxD
FRAUDS IN ELECTION RErURNSl
The Board Of County Canyassers held third session
yesterday hear the argument Of counsel behalf Of
the contestants and in opposition The chamber Of the
Board of Aide, men crowded. az on the preceding
day In addition TO the counsel who have already ap
peared, was Mr Grard, Mr.. Shepard, the corporation
counsel elect, appearing in his behalf After the
calling of the roll, Mr. S. addressed the Board
Having said he arryed in town very late las, evening
upon message recevHd In distant city to the effect
that II proposed TO take action here in reference
to the returns Of the Ward Inspectors respectfully de-
sire TO Dc what papes se before this b'Ard
The PREsIDKr-Tbere are two protests before tn
Board.
Alderman Ely moved that the protests be read for tn
information of Mr.. Shepard.
The motion was adopted and the documents read
frhese published in the Herald Of ycs.erday.]
Mr. snsfAHD then said that he had received no copy
notice whatever Of the intention Of the contestants
he continued most extraordinary thing that allega
ions in reference to election be without any
sort Of notice to the candidates. don't know how It
may be in reference TO other candidates. but nave not
SO far az can learn, been notified through cf my
friends In any way Of this most extraordinary proceed
ing. will ask the counsel whom understand are here
represent the persons who sgned this protest. H
any notice has been givenY
All the coupses tor the contestants replied that they
had not sent him any notice. Mr. SPARD then said 1t
appeared 70 him that the Board about to proceed
with the disposal OF question which contained very
sei9us charges against large bodies Of inspectors with
out any OF notice. that proceeding about
be taken which would not be valid in involving
txpence worth Of property or five minutes Of
liberty.
The CLERK at the direction Of the President read the
minutes of yesterdays proceedings.
sis it, them continued Mr.. SHEPARD, "expected that
should say something in regard 10 my claimsY'
The PRESIDENT replied that the question before the
Board to the admssibity Of the protests, and
w 90 behi nd he ratu
Mr.. snEPARD-upon that point desire to say some
thing.
Alderman LoRp-Are we here to listen TO arguments Of
counsel without any restrictions the number the
time they may occupy Already considerable list of
more may appear for augh know half the bar of New
York may to comehere and occupy the attention
of this Board One has AS much right If we have
restriction 70 occupy ten hours half and for the
purpose OF avoiding this would move that each candi
date be restricted to counsel and would also
further that each be restricted hour his
argument. would ask the counsel IL that ia sufcients
One of them said that he would take hour and
hall, and another said that he w6eid not require
hour.
Alderman HowAkD-Before voting for an hour and a.
half, would like to know how many lawyers there
!, myself, would not like to sit here for hour and q
halt listening to one speech.
The PREsiDEyT-Thsre is a lawyer for each candidate
Alderman HowARD-And how many candidates
thereS
The PRYsDEsT-Five.
Alderman HowARD-well, that would be nearly ten
hours and that is longer than want to sit here listen
ing 10 any man or set OF men,
Alderman LoRD-It would be fourteen hours altogether
for we would have to hear other counsel In reply.
Alderman HowARD-Fourteen hours! hope tbs gen.
tlemen will say one hour.
Alderman IoRD--I shall make II an hour.
Alderman HowARD-If 1t is one hour shall agree
The motion was put and adopted.
Alderman Ely desired to know the order Of proceed.
The PRESIDENT stated that the behalf of those
who made the protest should he heard first.
Mr.. SHEPARD remarked that the rule exactly the
reverse last wear
Alderman LORD moved that the counsel for the proes
tants be first heard.
The molten adopted
One Of the counsel behalf of the protestants then
proceeded to address the Board and spoke substantially
queeons6rst whether this Board ought receive the
protest and second whether they proceed To nvos
precise language OF the resolution whether they will 60
back Of the returnS ! shall endeavor in the
of the few remarks shall make that they invcst
gate the frauds without going back of the returns AMI
at the time that this Board have the power back
OF the returns am aware he continued that OF the
judges in the somewhat celebrated famous case the
People agt Cooke dropped expression like this that
the Board of County Canvassers could not behind the
returns But that uncalled for there such
issue before the court Had that been the question
issue and had il been definitely determined you would
not lind here TO argue against the decision.
In the Of the town OF Chesterfield the Board Of
County Canvassers ejeced return which irregular
In itE ior because the official character Of the nspec
tors not sufficiently proven.
The counsel quoted the in which the County
Canvassers threw out the returns from certain
district in the Fourteenth ward because they had
attached TO the returns a specimen of the ballots
reign and independent, and that they had been
created for special purpose by the Legislature o the
state You are, he continued only to act according TO
high sense OF your duty and dignity and according
aso TO what you conceive the spirit of Justice demands
II you canvass into Office, who has plurality OF
certified votes, being satisfied that hote votes frau
dulent and void the difficulty is Office
sheriff or corporation counsel It may be, who has
title to it. while you are at the time that
he has not and you leave the person. who you think
morally entitled to t. TO go without. The courts have
said that the Board VI county Csnyassers
behind the return, although don't ask you tp
do soal we ask Is that you win place yourselves In
position In which you can judge on your responsibility
moral count the and determine upon
the certificates in first whether they the cer-
Gates required BY law, and then whether the cand
whether gentlemen win Hdsk It advisable O for them
any reflections regarding the aay and flvolonsness Of
those charges. They may do So but submit that has
nothing to do with it. We charge the frauds. and they
say they shall not be investigated. Their Is
actly in the nature OF demurrertbey say, although
these frauds exist, you cannot investigate them. Now
will that be satisfactory these mem win II be salts
factory TO this community; Can the right Of sovereignty
and the elective franchise he subyerted In this OF
wayS Fraud is alleged and proof Is offered. Now they
don't deny the fraud but they deny the right to bring
forward the proof If were candidate for Office, and
had any principles Of honor should hardly to
hold II, II elected under such circumstances have,
however to say that these frauds charged and they
are NOT denied but stopped short and told that
they can't be inquired into, that the Board OF County
Canvssser have right 20 look into these returns and
how they have been concocted and made up that
they see anything contrary to law the face OF the
returns, they cannot throw them out and that
they will not receive evidence of fraud In those
turns Al we ask IL that they will do this
Mr.. IoAyszo SHEPARD the Corporation Counsel elect
replied as foiows-Mr. President, had the time been
given TO by any sort al notice u retain counsel in
this case should have made such retainer; but have
had opportunity Of consultation with any pers ,Dno
time to examine any authority-pot a moment for
lection, and am here 70 present and that
alone. shall have to depend therefore, upon some
very general recollection of the Law applicable this
case The learned gentleman who has just been heard has
in my Judgment considered this without any sort
Of reference 70 the statute itself and without that
mnation which he should have made Of the actual
powers the Board entitled % exercise lie has said
would be improper for you TO permit fraud 20 pass
punished and that you 70 review fraud wherever
you could hnd It, Now shall show you that there are
other rtribunas-consttutiona tribunss-for the pur-
pose OF examining these frauds and that assufnp
tton of authority whatever would be unwar-
rantabie violation Of lava step towards anarchy
Nov, let US take observation aud what Il the
t..fnx Il.