New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-11-01
Rights mud Duties OF gnspco'ors OF Eict-
tion-Tripcrfaui Eeiter from ATTORNEY
General Cechrlnc.
NEW.N ORK. MONDAY,

NkN-f Ofhf slolut1f Octs ~ 4SNi'
wutIAa CUrTTR esq, IR'pedor. &c, BroohlyRi
DEAR SIR: am in possession OF your note
asking my opinion respecting the dntos and powers o.
Inspectors of Election nj their respective polls.
inspectors Of on election ere organized under onr
laws as board for the purpose OF rresidn: a. and
conducting such election They are. consequently
invested with eyey power necessary to the accomplish
meDt Of this statutory purpose Iley are ITO maintain
regularity and ordc and TO enforce obedience to their
lawful commands during the election, and the canvass
and estimate Of votes after The closing Of the poll
The means OF efIcctng this are within their dsoie
ton. Upon The concurrence of all the qualifications
named in the statute the Inspectors to receive any
vote rendered and I, there no. that concurrence,
they are 10 reject it, Upon either the suspicion IN
knowledge Of any Inspector, that any person Offering
TO vote at tie poll not qualified 20 vote it is tie duiy
Of the Inspector 10 challenge such person.
The Inspectors therefore. who conduct the elec'
ton the exclusive judges Subject however 10 sne
sequent Judicial rc{ieT) whether the requirement. oi
the STATUTE have been compiled with, and whether
the vote offered shall b. received or rejected Their
Judgment, however must proceed upon the iotS and
circumstances attepdsnt upon each offer t2 vote and
thcreapOn deosod in accordance with the Nirectons
OF the statute. Neither witnesses nor extrinsc evidence
may be.resortd 10 for assisting the Judgment Of the
! i.srectUls
D. the military voting law passed April a. 1854 any
of the State in the actaal military service Of the
ncd States, In Citiff the army nav, who shall De
abscnt The day o. election from the State may vote
At the election 10 D. hold the 18th day Of Novombe
next wnon within CJdsys next preceding that election,
such soldier sailor shall have authorized en-
powered prescribed by law any election VI thsJowD
or hy where tho absent eecor resides 10 cyst for bin
| his vote OF ballot
The directions OF the law to the panucr Of rs ex
ecution shond be Literally construed in just regard for
is consti,ntonsly beneficial and bcneicent object.
But ii any Of the essential conditions with which
the maker has thought IL wise to guard the elective
franchise Of the soldier and the sailor against fraud be
NOT. h.r before
deposit N s spprtrate box such vote should not be
| received.
For instance, il Il appears either
J. ghat the person whose ballot IL offered !, not IN
the service Of the United states, either army navy
,. That be Is not absent from tAsState: or,
g. That the absent eector did not sign the Instrument
Of power TO vote; or,
T. That he did not sign it within sixty days next be.
fore tho election; or,
j. That IL is not sworn; or.
&. That Il has no subscribing witness; or,
2. That il was hot sworn before any Que OF the de-
signaied Oiiccrs VI.
+ {. That the absent eecor did not sign the affidavit,
g. That tho sideyit was not sworn before the proper
officer or.
TO- That the inner envelope was not sealed by The alb.
sent elect0r, or,
H. That the same Was not transmitted by the absent
clertor 10 the person 60 whom IL was dreeted or.
-. That the ecctor empowered TO cast the vote il
not the whom the ontcr envelope is directed or
H. That he Is not eectoE OF the toHL or city where
the absent elector shall reside: OF,
IL. That tie inner envelope has not been delivered;
or.
Is That il delivered either before the opening
OF after the closing of the poll; or.
10. 1hst II not publicly opened and that By the
Inspectors or
H. That the absent electors name is not entered
the proper register Of electors; or,
II. That the proper affidavit Of q householder has
not been made when the name Of the absent eicStOr
has not been thus entered; or,
10 That the inner envelope has been rnseaed in
any opened before the shall be laid before
the Board Of Inspectors then in NJ any ono Of the
above specified defects, whether " omission commits.
sion the ballots yotcs contained In any envelope and
offered should not be received but should DO rejected
by the Board OF Inspectors.
Though the Inspectors should not resort 10 extrsneous
proof 10 witnesses TO support thar judgment upon
The question Of reception rejection u the vote offered
yet they should upon the proof presented by the
facts and circumstances which surround and attend
mon tho occasion when and where the vote is offered
and upon that proof which en- inspection OF the enyel
opcs and Of the Instruments anu afhd its required by
law, afford.
They also should act upon fscs OF general poorety.
incuded within their own knowledge.
The provisions If law relative 20 the conduct OF cleo
tons bfore the military voting law, apply we'll 70
the conduct of elections under that law. where
obvious Inconsistency exists. The general powers Of
Inspectors OF Election nj the poll hereinbefore de-
fined IL may be asSuNed. therefore have been in no
degree restricted impaired by the passage OF that
law. L am. respectfully yours,
- 60. Il