The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-01-10
Amuscmcnts To-day.
a Bad Beginning Lawlcseneso in the
LrGislntnrc,

LCSiHloturCs
A bill has been introduced into the Leg.
islature to declare Henry SMITH legally
elected Supervisor in this city at the last elec.
ton. HENRY SMITH was not legally elected,
because, according TO the law of the State at
the time of the election, all votes cast for
HENRY SMITH wcro absolutely void. Mr..
SMITH was n Police Commissioner when lac
wns voted for rs "A candidate for Supervisor;
md the oct Of April 81, 1859, provides that
all rotts cast at any election for day person
aoijiHg tie ct'tc Of Police COMMISSIONER or
within thirty days after he shall have re.
signed such Office, s1aH Be roi1"
Now, the word coil has fixed. deter.
mined. absolute meaning in law; it means, Of
M effect or force whatever; AMI UIcro a
Hing Is cell az TIC commencement, no Qct
gtytrrarls can mot tgood. This is an old
well settled, familiar principle of law
Things that are void are rs if they were not
Void votes are precisely Ike blank votes
Could the Legislature consttutonally De-
clare n man elected TO Office who had r..
rcivcd no votes but blank votes? And vet
they might rs well do this as to declare
HENRY SMITH elected; for he received
nothing bTt void votes, and in law blank
v,t,s and weld votes are one.
Or take another Illustration. Suppose
HESRY SMITH had received large number
Of votes over in New Jersey for Supervisor of
New York, and had received no votes here.
none at all except those cast in Now Jersey:
would not proposition that the Legislature
Of New York should declare him legally
elected on the strength of the votes cast for
him in New Jersey be regarded as preposter-
Gus And yet those votes would have been
simply void and all these votes cast in New
York for HENRY SMITH are absolutely void.
md vitality can no more be given 10 the
one ly n subsequent legislative declaration
than it could lie to the other.
Technically we believe the Ill declares
Gle appointment Of lIENRY SMITH TO the
Office Of Supervisor Iy Mayor HALL, le.
gal but that is in effect declaring the
votes cast for SMITH to be legal
for if the votes are void the appoint
ment cannot possibly I've valid. The Mayor
il obliged to appoint the person having the
next TO the highest number Of votes. That,
however cannot mean void votes. Think,
for a moment, Of the absurdity of law re
quiring that the candidate having the next
10 the highest number Of r1N votes should
be appointed Supervisor
We caution the mon in the Democratic
party who have lrans-such men as Mr..
SwEESY, Mr. TWEED, and Senator CREANER
-thntth.s attempt 70 override and set NJ def.
0ncc the law Of the State is not only unprin.
ciplcd, Int it is impoltic. The sacrifice is
greater than the Democratic party can afford
30 make for the sake Of having HrNpY
SMITH one of the Supervisors 1t is very
had beginning for the Democratic party and
ifpcrscyorcd in, and if such apolcy is to ella.
rnctcrize their r5reniancy, i. will not tend o.
lcugthcn their lease of power
We know tint liENBT SMITH is nomiually
nRcpul lican, and that Republican, joins II.
WHITE has lccn found fool enough 10 intro
ducc this lii into the Assembly; but
the measure will be passed, fit passes at all,
by Democratic votes, and the Democratic
party will be held responsible for IT,
There is not any difference in contempla.
ton of law between void votes and no votes
at all and the Legislature has Just as much
authority TO declare that any other man, who
received no votes whatever, was elected Su
peIyisor, as it has 10 declare that HESRY
SMITH, all the votes for whom were void.
was elected.