The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-20
interference with tbe Plight OF SonSagc--
The Law MS Admk"ist.red by Our City


Interference with the Plight OF sarsagc--
The Law as Admb.iss.red by Our City
K judges -7eW -fN
TO THE ED,roS or rHE HERALD
At lie recent election, M Bsnja min Iynes, Of the
well knovD 6rm OF A. Journeooy, Jr., 4 60. offered
iovote ct the poll in the Twen ieth ward for Presi-
dtbtsl EIectors Governor Of the State ANA Ma, or
OF the city He was challenged on the ground tn It
atooueh lie was an American had been a resident
OF the city twenty years, had resided IN the Fifth
ward Tor the last fSe years but having purchased
house IN he lwenti tn ward, and moved int, i
but eight days before The election. that ne not
entifhd To cast his vote Tor the above named
car didatss. Mr. Lyaes immediately consulted
nessrs. Barney, Humphrey & Butlec, / ID. IL I.
ID Sherwood ana Mortimer Porter, Esqrs. who
advised nat he had a per ect RICH. % yote tor
those officers. MIR. Lynes returned to the poll and
offered 70 swear in bis vote, which was refused ~
the Inspectors OF Election and ne was consequently
deprived OF his rights On the follown. Saturday,
b. VAS arrested on charge of as'empting To vot
Illegally. Upon appearing before the letrne l
City Judge, Hon. Il. 5. Capron, Mr. Lyoe
stated his position; yet, upon the affidavit Of Mr.
TaLlmsn Allaire the Judge held Mr Lynes
bail IN the sum Of 81 800 the Hon. Judge e.l.arking
to him that be looked ike very respect lble
ana be Was surprised that ne should he guilty o.
such I'D attemps, which Was a very serious crime;
and he hoped that he would he sole tn Drove hs
panatior 10 the Grand Jury" Ia the a. st place.
Mr.. Lynes does not rsquie the endorsement Of Judge
Capron ss TO his respectable his exposition OF
The law IN reference 10 his rights az voter
The following is the lay governing elections -
Constitution Of the State Of New York, Rev. Stat,
vol. l, 4th ed, page 81. at
Fec l. Every mate ciaren a the ago OF twenty.
ote years who shall have oaen ci,ig for ten
Days, ana an nhIoit,nt OF the stats ono year next
preceding the election. and III. last four month
resident M OF the county w.sre he aay oaer mis-
tie election district Ot wnca no shah W toe
'ine be re- dsLs and not sLe~here o- all officers that
low hereafter nisy eiect.d ny tae peopis
frch citizen shall oeen Tor ur,y days next pr
ng tne election resident o. the dsr,c from Vaisn me
snictr 10 oe chosen for whom ne offers MA vots.
This law simply requires that voter snail have
beer citizen tor ten days 10 vote for Presidential
EIs ciOrs, year in tina state to Cor Governor
5Bd four mouths in the county tn vpte FOR hypr.
Corporation Counsel, or any orher county oiicers.
1t OILY prohiDi MIN from voting for any caai tes
to be elected from the district in h h votes,
unless he has been resident OF that district for
Thirty dsys.
Mr. Tyres had pei feet right to vo.. FIR United
States, Site or county officers even If ne had lived
but day in the district vhere ne offered his vote.
He did not offer To vote for yard or distr !; officers.
because he law PROHIBITED hun froq 30 doing. rls
Law was wisely framed for the purpose OF
preventing the cOl0niZati OF voters; for should
there be known to be large majority in any Of the
wards or districts Ia favor OF any party, and MI
nority N any Of the others. IL prohibits coiDnza-
tioD Of voters to the min rty ward or district by
curing residence OF thirty days therein previous
to the day Of election but there is nothing in the
law to prevent citizen ana taxpayer from exer.
cisIng bis right OF suffrage for The caaddres for
which Mr. Lynes desired 10 cast his vote Mr.. LyDes
has therefore been deprived of his rights, through
the ignorance Of an Inspector o. Elections, and, IN
addition, ia held TO bail 70 answer for An alleged
crime, and insulied with gratuitous remarks upon
bis personal appearance and character, although
30 well and so favorably known in this com
nunity. On Tuesday last the complaint was
brought before the Grand Jury, and was ignored
without dissenting voice. The incompetent
Inspector of Elections, and the learned eypDunder
OF the law may consider themselves fortunate II Mr..
LyDes does not cal them to account befors the
Grand Jury for d.p'!ving h,m of his legal rights
,IUyrrTI&