The New York herald., 1870-10-22
TEE NEW ELECTION Law.
A Nsw Element Of Bubble, Bubble, Toll
and Trouble.
The Power Of tho Federal Officers Of Election
Dafned-Important Decision Of United States
Commissioner Osborn Discharge Of Five
Alleged Violators OF the New Law.

There was great excitement In the Federal Court
building, Chambers street. yesterday, on the occa
sion OF the rendition OF Commissioner Osborn's do
ssion on the question raised by counsel as to the
legality OF the arrests Of persons charged with vio
laton OF the new Election law at different places OF
registry, and as TO the duties OF the federal ocers
appointed TO carry out the election law.
There was host OF petty ward politicians pre-
sent among whom were some prominent leaders Of
the Hessan democracy, John Fox, Coroner lSoldier
Flynn and others.
The decision was given In the cases Of Philip Cant
lin, James Burns, Patrick Calian, James Mccarthy
and Patrick MCCARTHY, who were arrested on Monday
ON charge or interfering with and resisting the
deputy marshals at No. 81 Greenwich street. In the
First ward. The following Is the
COMMISSIONERS DECISION.
The facts show in this that Richard O'Connor,
acting In the capacity OF United States Supervisor
at the Board OF Registration Of the Seveah Election
district OF the First ward, challenged Daniel cary
VINO proposed his name TO be registered as qualified
voter, upon the ground that Leary wnen he FIRST
appeared to register stated that he was born In Ire
land and had not taken our his papers; ana that he
t-eary) went away Tor an hour and came back with
certncate OF naturalization issued out OF the SUI
perior Court duly signed and sealed by the CLERK
thereof. and win this document in his hand he
claimed the right TO re- lister. He was again chal-
lengec ny the supervisor, but Leary his name
In; and thereupon the supervisor ordered police
man IN attendance to arrest Leary, and aided him
in 80 doing; while In the effort and act OF arrest by
the po iceman and said Supervisor the SAID Super
VISOR was assaulted and nterfered with In the dis
charge Of his duty as claimed by him.
THE POWERS OF SUPERVISORS.
All the powers granted to the Supervisors are en-
bodied In the tn section of the act OF July a. 1870,
wherein Congress vests the power OF appointment
the Judges OF the Circuit Court and their duties are
therein defined as loows-
Supervisors are authorized to attend at all times
hxed Tor the registration OF voters who being registered
would be entitled to vote for Congress-
any one who Sa soy &c
said or who shall hinder any person doing
any OF the sa acts, who shall preventing
such acts shall be guilty OF misdeeanor aud punished
Now there is no evidence that the Supervisor was
nterfered with In his right challenge or his right
terered with or molested while attending at Tho
place OF registration; but the evidence shows that
while he was aiding the policeman IN arrestlng
Leary lie was tnteriered with. In what capacity
As supervisor or as private citizen aiding the
arrestY Certainly not as supervisor.
Tnk LAW GIVES SUPERVISOR NO POWER TO Or
DER ARREST
OF aid in the arrest, under The act OF July IA, 1870
II called on by the policeman, as one OF the posse
ooiaudtus, and was assaulted then he has his re-
aress under IT, me state law The risht to challenge
right 10 arrest or the right to order an
arrest, but simply TO challenge and protest
against having Learys name registered. What
the Supervisor did IN aiding The pollcem an was
not IN the discharge OF MS duty under his commits
sion, but as a private citizen, called upon by the
Clcer or by the voluntary act or himself aupposlng
he had tue power under hts commission to so arrest
and aid. have carefully examined the twentieth
section OF the act OF May a. ana am unable TO find
that the acts OF the defendants fall Within the pur-
view OF the statute.
Benevng that the Supervisor acted in good faith
In what he did in respect the arrest Leary, he
certainly cannot claim under the law, by virtue OF
which he holds n commission as Supervisor the
right to act outside OF his power, and therefore hts
complaint unuer the laws OF ths Unlted States must
be dismissed and the defendants discharged, and
order. JOHN A. OSBORN
The defendants then left the court receiving tnt
congratulations OF their numerous friends as they
gathered the street. ana made Il bee line for til Ell
favorite hanDts in Inc lower wards.