The sun., 1870-04-04

Mayor could give them reality. They were
the same as blank votes, the same as no votes
at ALL The returning them as real votes by
the canvassers, the recognition of the return
by the Mayor. the swearing in oi eMirh,
and his pretended occupancy OF the ONCE OIL
Supervisor were all alike void-nll null
all nothing. Mr.. FOLEY. who was shown by
the returns to have the highest num-
ber OF real votes next to those for
Mr. ROCHE, the candidate elected by
the people, was accordingly the right.
full Supervisor, and the authority of the
A part of Mr.. BARTrETT's effort was 50 i'm
pressive that we give it as taken down by
our reporter:
"In re~urd to there being m incumbent in tho
oflce, cases were cited to show that u WIS no i'm
where the tito ofhc applicant was GEAR sud ila o'
the ircumhent clearly void. One Of the re1l ones.
hons, Mr.. Barueu coniended, was ~hetNer tliet
which vas void could be the ioundl'icn for any
thing; and the other the greater ana more conrre.
hensive question. was wheiher We have Ia tlis STA
time oe noa enuneatei @ a, % egai and pccai docirre.
that willie the eligibility NJ candidates was most
sacred, while there was no man who could not pc
duty Of voting; that they could not hold rub'ic
Officers TO tie strict performance of tler duties A
man could max contract to transfer to another man
the fruits of his Inventive genius Tor years come nmt
II seemed that tho State could contract for no hdeli
~ and lai'nul services could elect ana pay It's
we.ed officers, out could exrct nothing In return.
There was no number OF Offices which any man,
however poorly qualified, could not hold. y II he
not forbidden in tie Constitution. According to
that doctrine. his Honor, n not forbidden by t"e
Constitution, might hold the two onices o. judge
and sheriff. In that case hs could 90 Judge pass
m "A convict then
from the bench and rs Sheriff place llandcuHs upon
the prisoner mach him ri to prison, and week
alter take him out and execute the sentence o. de1th
upon him A Judge OF the Marine Court could also
be Judge OF the surreno Court, and dr1w two
salaries. No contract to devote all lis time 10 IL
duties could bind an officer, because ensihiiiy TO
ulce Nps sncred-the only thing sacred ~ tis CIV
Tic had litcied With deep Interest 10 the remnr .
lriof season tue life VI poor witloss human hei'g
JAcK REYNoLDsl Tie now spoke In a case OF inr
moro imror ance than that. lie asked that Tie
hand Of violence, which had rrasped tic rights Of
the people, ii ould be unlooscd that toe TEN.
the city OF New York should be ended here to-lav
hat the voice OF the people of New York, which
bad beer tlcuccd hy the violent void proceedings OF
these men. should be ermtteh to be heard a ain.
The gentleman had dsclaimed arguing the con tiiu-
tionaity % that law. IL was the sme power which
invoked Into existence tbis Curt wi ioh pla ed his
Honor the bench, that declared toe man holding
the Clce Of Police Commissioner should not al TIVE
same time he Supervisor, |. tnat voice was impo-
tent to do the act, II was also to do tic o'her
English statutes, enacted centuries ato, declared
{, at certain officers should not hold ccrtin er
Offices. such statutes In force in ENGLAND long
before the adoption of OF state Cousii,u iun-
aye long before the discovery Of this COZ H. ent
md have never heard Of tneir vaidit, being ques-
toned until to-day This the arst tue such q
law was ever questioned. To say that the power OF
appointment " once executed by the Mayor " ~
begging the question lie had not appuntod the on y
man wrom by law he could arnOtut. lie did not
think that because the Mayor Of New York Ind ma q
a bunder, and had not done his dut! he should not
be held to do his duty"
The counsel of Mr.. SMITH confined him
self TO maintaining that writ Of mandamus
could not be granted in the case. The cs
scntial question of the utter vacancy oI
SMITHS pretended election he did not think
proper to touch upon. Judge lNGRAmAM's
decision will, we presume, be pronounced al
an early day.
This contest between the people and tn,
Ring involves the most important principles
and is scarcely of less moment than tha
waged in the Legislature ut Albany. 1t il
one of the strangest features Of the abusei
which now prevail that sworn public oflicer
pretending TO be Democratic should violate
the law and commit gross wrong agains
such Democrat as JOHN FOLEY for the SAX,
Of keeping in the Board of Supervisors sucl
a Republican as HENRY SMITH.