The New York herald., 1870-04-03
THAT SUPERVISORSHIP
Vigorous 0ratorical Tilt Upon the Election Of
Supervisors-The Votes for Smith Alleged
to Have Been Void. and Foley's
Claims to the Office.

the great contest for the Supervisorshlp about
which SO much active diminishing has been dis
played. was energetiaclly resumed yesterday In
tue Supreme Court Chambers, Judge Ingra.
ham presiding. There was q large attendance OF
metropolitan notaoles and the proceedings were
listened to with great interest. Mr. John Foley, one
OF the candidates last fall for Supervisor of CITY,
claims to have been honestly elected by q large
jorlty Of votes. After considerable litigation In
rious phases the case came up yesterday, upon an
application for q peremptory mandamus to the
Mayor OF New York, commanding him to appoint
Mr.. Foley q supervisor Of the county Mr. Bartlett
with whom were Mcssrs. J. II. Shehan and K.
Hstchl on behalf OF the relster. commended, in an
argument OF length, that the person having the
by the Board OF County Canvassers, ana tnat the
Mayor should APPOINT as supervisor the per.
The County Canvassers returned that the
whole number OF votes for fhe Office OF Supervisor
Henry Smltn 34.59s. John foey 1880, Jacob
Cohen 3,osS. Walter Roche was declared elected.
Counsel submitted that at the time OF election
Henry smith was holding the Office OF Police Com
missioner, and the act OF April o. 1869, provided
that all votes cast at any election for any person
voId All the votes for Henry Smith were there
fore, void and all the votes being void It clearly io
number numb 20" OF votes 70 those for walter Roche was
legally entitled to be appointed Supervisor by the
r before he esn ,o.~ %ednes
cceded 10 show what was the true ana pro.
per remedy, the Mayor having refused to ap.
point Mr.. Foley. Henry Smitn, the counsel
further argued mad not the highest number OF votes
He had 1t was true. according to the count, large
number OF vOes; but all those votes being VOID they
were no votes One legal vote would outweigh
million void votes. What would the right OF suffrage
be worth u the doctrine % were once 70 be ludciaiy
VOID votesf It's effect would De 70 d,sfranchlse all
the iaNfu voters OF the Sa:e doctrine more hate
dul more fatal to liberty. could not he propounded:
and the votes for Smith were void
ms appointment so ~ the Mayer was also
governed by the returns In making the
appointment. That was .rue, but ne was 70 be gov.
sned IL lawful way; Ihs very M foundation &c, Of tght
Lord Coke. 1.-THE election Ia the foundation. not the
returns" and there could be no such thing as sec-
Mr.. A.. vaGderpoel with whom were Messrs.
Ruins r. Andrews and Nelson Waterbury, contended
rial duty IN making the appointment, that ne Judi
cal powers were conferred upon the Mayor as to the
question OF the validity OF ,s tue votes ana tnat no
by She Board OF Canvassers Having acted upon
those returns within the time prescribed by law. and
Henry Smith having entered upon the discharge
OF the duties Of MS ofTlce, the returns were the
only evidence OF the election winch the
Mayor could rely upon az conclusive until its cor.
rectlon had teen shown by judicial determination
IN an action Of quo rG,TdntO TO which the persoh
appointed 10 the ofce was party. Counsel further
contended that the Legislature had no power pass
an act TO establish arbitrary exclusion from ONCE
or any general regulations regarding qualifications
which the State constitution did not requlre.
Mr. Bartlett replied. stating that ths main ques.
ton before THIS Court was whether that which wa
void could be foundation. THIS was a most I'M
portant case. and he hoped that by this decision or
the Court the rights oil the people, which Mr. Foley
In TINS contest represented would be established.
He asked that the temporary suspension from life
OF the people OF the city OF New York would be
ended now aud that the voice OF the people which
was silcnced by unlawful acts would be permitted TO
be heard within tbs walls OF their own courthouse.
IL was established beyond all precedent that per.
visor could not hold his once and DO Police COM
lhA IN uln hsa
argument. Judge Ingrsham took the papers ana re-
! eeSved hA dActslOp.