The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-11-19
REFORM in BROOKLYN.
The Manner in Which It is
To Be Attained.
Inspectors Before the Grand
Jury.
JUDGE GILBERT'S DECISION.
The Application for a Mandamus
Denied.
What District Attorney
Morris says.
AN INSPECTOR SURRENDERS HIMSELF

The action OF District Attorney 8. ID. Norris IN
causing the arrest OF the Inspectors OF Election IN
the districts where It was alleged frauds had been
committed, was the occasion OF considerable com.
mcnt in and about the Brooklyn City Hall yester-
day some were uncharitabe enough to attribute
the action of the Attorney to an effort TO gain
popularity and ingratiate himself IN the favor OF
those who are making every exertion to purify
the ballot box The majority, however, assert that
ne has only done his duty in the matter and was
not led to take this action IRON any other motive
than that OF bringing the guilty parties to Justice
victed and punished be Will, OF course, receive the
thanks OF all rlght-minded men IN the community
JUDGE GHRERTss DECISION.
The opinions in regard to the decision OF Judge
Gilbert are varied. Those who are familiar with the
otherwise, while the friends OF the republican
didates, who were anxious 10 have the returns
out 2 ns @ ann
piled for. II was generally conceded, however that
the duty OF the canvassers was 70 canvass the votes
Of the returns to either send them back or send for
the inspectors.
Judge Gilbert Refuses Issue n Mandamus
Against the Board OF County Cnnvassers.
Judge Gilbert OF the Supreme Court, yesterday
rendered his decision In the matter Of the appica-
ton OF counsel for the committee OF Forty for a
mandamus directing the Board OF Canvassers to
reject and not count the returns from the First dis
trlCt oil tho SIKH ward ana the SIKH dlStrlCt oil
the Twelfth ward. lis Honor refused to issue the
mandamus. The following Is his opinion:-
a. AsTs Son S wh.n e. Ts so 70 No. q
Goodrich when this application was presented have not
S Sssp b s @ s 90 t s. my
That the writ would command the Ioard Of to do
s 1w has aoi essa a s a The
and duties the Board o. are DE-
ME appears to too plain to allow OF doubt The dis
original statements of such duly certified to the
s 81 ss or wards The statute then pro
ments Of the canvass the votes in the towns and
t. ss sy ss cossy sa4a s be ss ssn
n sn the for s ss Of s
%en. In each dsrc. shall then be Produced and from them
make snch statements thereof as the nature Of he
with he
nsn o 20 mas ." ss aud
n to The or DISCRETION ss Of the Boa I'd
The for correction and the inspectors are
from The Fl
To-, % so, Go s % ns r
~ their lace. and they not regular their face
STATE IN he People vs. Cook County
Tor: Sso!s them which ,'T 4; lace have IE6i
@s. ssa Of swdy,. mat
spectors. They must act a. regular return, and
courts Justice" lsee Brghty's Leading Cases Elec
lions, 3Q5, where the authorities are collected)
II has been that here great pubic wrong, and
inferior tribunals ought by the of manda
to be rcdrcssed Passing y the objections
70 this a technical nature sufficient to that the
Court authority invest the Board or
withheld from them, to enlarge the powers
or dutcs actually conferred upon them Our duty Ia
10 administer the law not to make it. The proper
remedy is to punish the perpetrators OF the
both sides he heard, to determine
the right 10 involved in the election should be
glad have power 10 summary deprive the ins-
frauds their
inuuty ii better however, to bear with the inconven
ence attending the usual remedies than to
dress exercise Of doubtful and
ers doubt the statute be amended so
a. TO secure In higher degree the purity and
iIviolabily OF the sun rage, and this ought to
be done. but solely with the Legislature
these objects shat be accomplished The
commanding, sanctonine, by the Courts of the
the Board OF tanvassers OF 10 reject
returns change the result appearing hem would
be- irsugt with great danger, far more, IN Judgment
likely proceed from the frauds crimes of district
The exercise ? Upon what evidence be
jected alteredy How Is the inquiry TO he con-
ductedy In what manner tie parties interested
10 he heardp liuc reflection upon the
alluded to- Cons.erg, ALSO the lack of publicity
attending exercise vi such power the const mt and
powerful the abuse AM the
which the shields of Juncia nature done by
ia the might become subvcrsve Of the rights of
citizens fatal he suffrage OF the people the
law should provide adequate safeguards against the abuse
For these VI the authority uire Board
Canvassers overhaul the in this doub
fu, Ishould this writ. But that they
possess such power. II is therefore deaed.