Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1864-07-28

VINO was Elected superintendent O
the Cleveland Public Schools fOI
IS6A-'65
The election Of this officer was held on
the 5th inst, and the announcement was
made that the Rev. Anson smyth, the
present incumbent, was chosen. Yet, on
the first ballot, which stood Freese ), Smyth
4, with two blanks, Mr.. Freese had been
declared elected. Why then WIS the bal
loting continued? Mr.. Freese had a ma
jority of the voteS cast, and the blanks, by
parliamentary usage, are not authorized to
be counted.
It seems that some objection was made
by member, who stated that a special
resolution had been adopted at some previ-
Gus meeting requiring a majority of the
entire Board to elect officers. The tacit,
though mistaken admission of this Oh the
part of the rest, appears to have been the
sole basis on which the ballotiug was re-
sumed; which finally resulted in Mr.
smyth's receiving six to Mr.. Freese's five
votes, when Mr.. smyth was also declared
elected. The validity, :then, of this last
vote hinges on the question of the special
resolution alluded to having been or not
having been passed. The truth is, it never
isas passed. The minutes Of the Board re-
cord no such resolution.
There is no doubt that the Board acted
in good faith in renewing the balloting af-
Il .N.a i 1
Of course that they were bound to eoun
the blanks against the highest vote. But
It Is certain, as viii be shown below, that
the very ballot, resulting as it did in Mr..
Freese's receiveing a ma orit y of the Votes
cast, was the only legal one and that anv
subsequent ballotings for an officer lraeady
elested, were, PriHG .tGcie, void.
THE PROOF OF Mr.. Presses ELECTION.
The first of the "standing rules of the
Board of Education" page l09 of the last
Annual Report Of the Board, concludes
thus: " For the general transaction of bu-
shall be observed" also Cleveland School
law" same Report, page 10 article 3. "a
majority of the Board shall constitute q
quorum - &c. As the Board, then, by their
own Rules, are bound to conform to parlia-
mentary usage, some citations from the
best authorities may be presented.
From Jeferson's Manual, page I}6, Ar
ticle SIN all ballotings blanks shall be
rejected, and not taken into the court In
the numsration ofvotes, or reported BY the
tellers.
Z" From Cushing's Legislative Practice"
page l43, Article 1I4-"Pieces of paper
without any name upon them, and known
by the incongruous name Of "blank votes
have been allowed, in some parts of the
country, to be counted as ballots, where an
absolute majority was necessary to a
ehoice-on the ground that, being cast as
ballots, they must be allowed all the effect
of which they can, by any possibility, be
capable: namely, that of being counted
against the candidates voted for by the
other elections.
"But this ground is wholly untenable, SIS
the right OF suffrage is the right to elect
some one to an office, and not the right to
prevent an election from being made,
which would not be the case if one elector
had the power, by means Of blank to de-
feat the direct vote of another, without
himself voting for any body. Lord Mans
field said that the only way of defeating
the election of one candidate was by voting
for another" Nothing can be more clear
and explicit than this exposition. II com
bines both law and reason, which latter Is
said 10 be 'the perfection of law" Do the
Board need any fnrther evidence? Repos-
ing confidence, as they do, in justice of the
Board, the public will rest assured, that at
their next meeting, the Board will re-af-
firm the valid character OF the first ballot,
and, from their own record, declare Andrew
Freese, the legal, bona tide Superintendent
of the Cleveland Public Schools for the en-
suing year.
JUsTICE.