The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-02-01
HENRY SMITH VERSUS THE Law.
Tbc Astonishing Fraud which tho Ring urc
Pcrpetrntina upon tho Democratic Party
An Unconstitutional Act to Keep one of
nv hinH fcts IN Oihccs
LIZ. Al, IA 1..nnlL.r LII Nam

Pcrpetrnting upon tho Democratic Party
An Unconstitutional act TO Keep one OF
the Rings Pets in Onicc.
FIRM ne BtootivB Eagle Democratic.
year ago there was q vacancy in the Metro
potan Police Board. As the law stood, the Democ.
racy should have got possession OF that Board ana
have on the one hand given BROOKLYN, then and row
untcptcscntcd, member; and on the other have
gwen the Democratic party comprising the vast ma
ioIity OF the people of the Me'ropolitan District
third member Of the Board. But Mr. Henry smith.
Republican Supervisor Of New York city, was a
candidate for 4 vacancy caused by Aeton's retire.
ment; and for his sake the Democracy allowed an act
10 pass, which they hid power TO stop, SO amerding
the Illcn law that the Rcrublican Legislature were
abc to Oh the vacancy, instead Of the Democratic
Governor. Tic result was that Brooklyn did not
ret the vacant place. did the Democratic party.
But New York got the fourth member a. well as The
other three, In The person OF MIR. Henry Smith, who
stu continued Supervisor.
But 90 grossly unfair was n seen 10 be for the
same man TO hold an elective Office who as Police
Commissioner would have the power Of selecting
the canvassors and inspectors Of election. that o
clause was embodied in the police act, DECLARING all
votes cast for Police Commissioner for any elective
ofice TO be void, and In the strongest terms decar
Ing Police Commissioner ineligible FOL any elective
ofico, or even nomination.
But when election came round. Mr. Henry Smith.
IN defiance Of this law. became again candidate for
supcryisor Knowing that the law had been
specially altered for Ills benefit once ho felt sure IL
would be again and In fact, he seems TO have been
conscious that h. was above the law, and not bound
by lie provisions, ms ordinary men are.
Thcelcction took place. Mr.. Wster Roche, Dem.
ocra', had the most votes and was elected. MIR.
Smith, Republican. had next, and Mr.. Foley, Demo
crat, came IN third. The second scat awarded
by the hupervisoTs-Mr. Henry Smith himself par
tcipatng. not TO MIR. Foley but TO MIR. smith. who,
II was plainly shown, was ineligible, and legally had
no votes at all.
by some hocus rocvs Mr.. Foley's appeal 10 the
courte was thwarted by Democratic officials, AMI
the matter postponed TO now, when a Democratic
Legislature Is appealed TO to pnss on er pet fdcf0
law contrary to constitutions 20 justice, aud to Dem
ocrac party principle, to declare Mr.. bmith. the
Republican, cigibe for and elected to an onico
which the ATTEMPT to pass snch law comedies Is
today the property of Mr.. Foley, the Democrat.
The Ass fnby Committee to whom this monstrous
I'LL was offered rejected IL; bur Mr. smith went in
person to Albany, saw" and fixed" them, ant
so or SATURDAY. we arc told that In spite Of the pro-
test OF MIR. Moscley, Democrat, Of Kings, and Mr..
Mitchell, OF New York, the rest OF the Commit
tee reported TO q Democratic Legislature in
favor Of cgslatlng the Republican Smith into IN
once which belongs to the Democrat Foley.
IL Is said that the Rcrubcans VIII vote en- ndsse
for Smiths law. This Is ineligible on party
grounds, supnosng they care more for party than
for decency and law and public justice. but II ~
not Ineligible how, except bv omen purchase and
scandalous disgrace of every Democrat who votes
Tor IT, tlns Mr. Smith can get from among the Demo-
Gratis the sixteen, whatever number OF nd ltonal
votes he needs, to aid the Republican minority in
passing his bill.
IL isa simple issue, ne Il was last year. OF Henry
Smith, ngt the law and the Democratic party. II IL
be decided In favor Of Smith. there IL intelligent
Democrat who will not feel that his party has been
being personally friendly with individual Democrats
who value his friendship or his money beyond their
fidelity to their party To the ublic interest. Mr.
hosty spoke for the whole Democracy OF Kings, ~
v Oh - foi tho credit OF the State, when he de.
nounced the report In favor Of Mr.. Smiths bill.