New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-11-27
TILE SUPRRHISORSHIP.

Judge Clerke has issued the following man.
damus TO the Board OF Canyassers;
The PEOPLE of the state Of New York 10 me hoard ~
County Canrassers Of tho County Of hew YORK;
whereas As We arc informed by the complaint Of John
Foley @nd which comp hr5 mG m" State ~ New York
Tuesday succeeding the first Monday OF NoveIprr'
SS2 John ry OF s s y and County Ws voted for
such election for the office of supervisor OF sad
and that votes were east for Henry Snith, OF sd Ci
aud County Of New-York said election for tho sni'i
Office Of Supervisors and ut the time OF sau eeSon Sn'
pOltan Police District Of the State OF NcwfOrk. anu
had not resigned within thirty days previous 10 He
date the day OF SAID election, nnd us claimed ny s
John Foley such votes void and Of no effect anu
that Walter Roche, of said CITY aud County OF lork'
visor of said county and received tho highest number VI
VOTES cast nj said election for said olice and -.
Whereas The statements OF the canvass OF the votes
I'm each election District Of said county polled nc said
election for the office OF Supervisor Of said county duly
certified aud returned ia the manner prescribed ny law
by te VI each Of said election districts and
have been presented to You whereby aTpears
for the Office OF SUPERVISOR that Henry 5nth rGceNeu
v"d The rx highest number OF votes cast said elec.
ton for Office Of Supervisor; dd whereas you as we
are Informed, Intending TO return, III violation vi law,
The voIes east for Henry Smith, aforesaid, OF the
81 the Metropolitan Police Dstrct or Tue
Stnte II New.YUrk, which votes are declared Dy law ~
be void and have refused aud neglected to determine
that John Foley the person who received tho hghes
m Walter Roche the Supervisor who received the highest
number Of east nj said election ior Tue once Vi ou
Tnerefore we being willing that full and speedy jus
tcc la this behalf should DO done to said john Foley
command YOU firmly, cijOning you that lmnedmtcly
after the receipt OF this writ you do forthwith proceed To
10 YOU aud pOed at sd election for the Office OF super
visor OF the County OF NowYOrk that you desst and re;
and returned to you for Henry Smith for the Oce
Of Supervisor Of The County Of York ana mat you
strike out the name OF SAID Henry shith anu INC 'o''
"And we do further command you that after you have
| IA 40
mine what person has by tho greatest humber OF votes
been duly elected TO tho Office OF s9peysSr OF s1n
Der of votes for Supervisor next 10 tue votes received BY
the Supervisor who received the highest number OF votes
"Aud further that yGu make aud certify such state
meuts ma you are required by law 10 make and certify
aud the same aud that you deliver cSpy OF saI
county Of NewYork 10 be recorded In the oce OF SAID
Clerk ln the manner prescribed oy law esi
this our command shall be executed make appear 10 our
I sprene Court on the 2gIh day of November. 1862 at
lie Court House IN the city OF NewYork. then aud there
returning this our writ at "a O'Clock noon.
Court az CITY Hail. ia said city, tins 16th day VI NO
"Xlowed. TIL. 10th day OtSOycmber, 1899 c,n,r..
The following IA the law under which II IL claimed that
Mr. Smith oused Supervisor and under Which, Also
Il Is held that he may be thrown out OF his influential and
lucrative Police CommIssoucrsllp;
SIC o Section of the act hereby amended shall here
after read rs follows:
ANY one OF tho said Commissioners. any member
OF tho Police force who shall after qualifying ~ ONCE
accept any additional place Of public trust or cy enon
eni who shall during his term OF Office be publicly
nominated for my ONCE elective by the people, aud shall
not, within days succeeding the same, publicly de
cline the said nomination. shall be In either case deemed
thereby 20 have resigned hrs combustion and 10 have
vacated office aud all votes cast a any elections fOr
any person holding the office Of Police COMMISSIONER or
within thirty days after no shall have resigned such
office, shall he void"
SRc 3 This act shall take efec. Immediately.
The opinion OF Richard oGorman, esq. legal adviser
to the Board of SUPERVISOR Will be found In fun In ouI
ad yertlslng columns