The New York herald., 1871-11-24
EROOKLYWS BALLOT.
Progress Of tho War for It's Publication Kotion
for q Mandamus Made and Denied.

The question as to the right OF the Board Of Can.
vassers t0 .gO bchind' the returns-or, IN other
words, 20 determine as TO the legality or icgaty Of
the returns brought before them-E still Ia dispute
In Brooklyn. although the courts have up to the
present most cmphaticay decided that the powers
and duties or board OF capvassers Is merely arlth.
metiea-that Is the beard cannot refuse TO canvass
any return OF the inspectors OF election. II fraud
has been exercised in making them ont BY which
candidate has been dciEauded OF the once TO which
he has been lawfully elected. he has his remedy
through q quo Ea,,anto. The certificates Of clec-
tion must be given 10 the person VINO has received
the highest number Of votes on the face OF the re.
turns.
Yesterday morning application was made before
Judge Gilbert Supreme Court. for a man ndanus 70
reAsf2iA the Board q caavassers from canyass,ng
tas rstaTas = the rirsf disric, o. the Fourteenth
war0- Ihe following Is the andavlt upon which
shc motion was based
ito. John VI " %qa.msa, being duly sworn says he surer
soss.s on the I'm .ysaber isI !he .asneon;
iTon he seOon slis q sid county
on: &: % q. u &: he
"s as ss r. 81 s -.
th., me openeS u ssei9orsr Sy WAITS;
- NJ % s.s '.ss OK sg'fS
1s ss
es - 1.: ss e .s:!sa s s: ::
poH LII OF SAID Fss dixis; Nhat search
Also Trough all the other Iapers In hs supssvsors il
al places m ead roorn and the could found.
aud oeponsat positive hat said
roos
That commsce consisting Of deponent and Mr. Barnard
the Ck OF the Board of thereupou TO the
once OF the crk Of the county, where by law
re4nred 70 be tod made search Tor tie missing
N the safe IN which said
lad and haa kept the key said safe 1ny the
and he ocscd Che said sAfc aA depoReni and sd Barnard
examination and scarch for SAID there was no
such return In said sxfe that dePoacst and Barnard
a.ain returned 10 ssid Seard OF CAuvass,T when
search made for sah returns, but coIld fopn
and generally admjIted and cd by all persons
prescut tnat Ue'oe the Board Ioar urs
c~csed 10 hr the districts 0
the county towns, which was done on the 9a inst
That after the nnishnx OF the aatioq Of The returns
from AL said towna Mr. EarnarS was Instructed
70 PeoCed 70 the County CLERKS cce and II said
said 10 contain the return from said rs. district OF the Four
teeath ward.
Deponens protested against canvass Of said
return on the ouud na said return was not at the
comUeBcewept OF the whereup tho
dered the canvass OF said return by vote o IL 10 H.
That the Board then j0urred until O'Clock to-day for
That deponen return not present
the commencement of the and that
also return made up the commencement OF the
that varies In respects with the returns made
the day OF election. j. w. HARAAN.
JOHN r. HUDsoN, Notary Public.
similar afIidavit was made by Supervisor
Dwight johnson, which was used as the basis upon
which the motion for q mandamus was made.
Judge Gilbert declined to entertain the notion mas
much as he Rad previously decided adversely upon q
similar application. Application was then made
before Judge Tappan, who also refused TO hear the
petition, Judge Gilbert had determined correctly
upon the question.