New-York tribune., 1871-11-17
BROOKLYN ELECTION FRAUDS
AN APPEAL MADE TO THE COURTS.

CAWSE ISSUED.
Tho struggle of the citizens Of Brooklyn to
vroeet the purity Of the bAlOtbox, and 70 bring 70
punshuent the guilty, becoming daily more detrr-
mned and took the form yesterday Of On appeal to the
ocuFts Soon after 10 q n, eOunselors william W. Good
rch Benjamin. r. Tracey. and Henry b. Davis appeared
hafore Judge Gilbert in the Supreme Court, Special
Term and applied for order directing the Board OF
City and County CanvaSsers to show why man
daInns should be issued directing them to throw out
not the pretended returns Of the Inspectors
snd Canvassers Of Election in the It District OF tne
sixth Ward and With District Of the Twelfth Ward IN
support Of t6e motion the following adayit" wGre err
Chimney Relt sas hat at ue last election hct 10 f @
ASor that sh candidate s received 81 100 yote, tor ,as
strnd End bssvs,i "a tt Hsuns Fsrah vhe sl'1
candidate for aid ooe Ispond have received r. 's VOTE sd %
49,, ssd Dd pross SSt ad board refused s'S
SS pro- o;ds sa PSss5 % 5 s,S31., s,H, S Ss, taG r..
ihI Sors are sa 70 tS , E'ss ;,aIss ,SS a. "p+s" The
saa q hs Ssy Penps hereto saasse T6sG % 6s % p s y
e BTSoEhn a slsciOa. and that The io9Tng e a f c
e aa aa1s and Gss aCISS 5 10 erterrtd st public meug
Rs al thr Academy f Music the ION a.I ,n' 10 So 81 A.
snts Is win sJcSr examination Of The P,aSsSo S & pc Son
elf the Efst nan Wntteh IN oN ele,s' "a rb
RIG ot fang Sotej every OF tie gA ballots sra 20 nun @
Of e l o'trs The sr+3lsu o st bs balance OF sd pors
written ia bsnd"ntng ana VITO Gne'ST Tbt % Eau
~ S, - T laps Of sad 5OO nGwe at tbs places o. Te'
t 90 III po poBs ad 30 nsnss he residence Of tSs ny y h
Ss one Of .ah "di HIlneer On sac po] ola ] sa Dp G
.st is a' o .G Ts , pa ~ H. SOR SesSnf cr stated W
lev minutes aLtrr ibe opening Of be pol: "a Tong
r. H. a. IS is'' ia election n 1910 op, TO person,
,s % ~, roll G ss vo,iug At dsthct Th.t he election
ISs ,5 a i ps,rcsi Impossible 70 oa.t Ofbo
os to 80 the ume allowed by law Iof he O. eaDs
d's'r & dpSSeo, informed that the Gn 80 sad pe,ls,
.rG .t b,s S1e sta6d boxes rcsSnd sIeiaeia
mn drr"ent believe 'b. a. examination oi tg P i AZ"
' & % ] S. sdavit th.t h, yiael 20 hoi Gautc
aL.rs Nhch ebaEd tbs po from odd 70 even
Ssj m lists n III the persons residing ihe houses, bot
' Nelson tlsaTn u..c sGas ts ID i6s the s'A
wa IB vois Urne as pJ and cyas'G AMI mat lrs ere
%..s no ;'o CO ss po preceding & las OF RSdoD
20 vLisS Ss PoA before M vote S S. o
1s dtTnab Jses poll considerable portion
DAY election without authority Of law there having been two
tn pGoks TmCty J. 6onOhUe cOohOrite' this statement
sSs 4 he igclnS @ar roOLyS the yl District in the
ITshS WsId %a @ o., o Of h G DIRp m D. Sf " had head from S
night election that the Ring psrV would change the
suAou The polling from Tie cor e Olens sna Hamilton
artd IN the daily neSsPYn to IhSmls Vcoys liquor
tb p ad,esr With District polling place and the polls
cot there i 10 nocaoi change was given as by person @
% M and discovered it Mr. CuIr vas correct in bis statement
@ Nh Nlh District ponspaoe "Si changed IRON tho oa a.
Aftr hearing these afdavis Judge Gilbert Issued the
follow ing order, and q similar one ON application OF
EfIuUCl BOUth
re reop ofnt Stat Of Ns,o York rotation ofCHArNcSY NJ
Is1 ag 4hs goard q COsng Cannas' u E"gs GSsaw 0s
Hse AaI The payer. thereto anneIcd @p on motion OF William
SSy syscs the Conuty Kings Special
, Ts Of G S .S CO s Sot Is S @ os So%lnn
sh Board 70 E out end not to a9Ss he PrsIe9ad eaa; o. we
toh Ward the WIN Election District Of he Twelfth Ward Of said
! Of and & 11s we ,Ss s st sU oT gt Of & O court or by we &
ether rsr oOsr hou not Oe granted to the Court 5, g. meet
ARcrNUST BEFORE JUDGE GuBEKT
Judge GiIbcrt took his scat upon the bench at p m
aud In few moments the courtroom was thr0ngcd with
spectators William w. Goodrich opened the case as fol-
lowe:
"Your Honor. appear and apply for a mandamus
n behalf Of the people on tho relation OF Chauncey NJ
Felt against the Board Of County CanvAsSers directing
Ghem throw and not the returns from the
District OF the Sixth Ward, lid District Of the First
Word and With District Of the Twelfth Ward"
The afadavlts in the were then read D. p. Bar
nard counsel for tho Board Of Canyassers replied that
the Board had only served with order TO show
esuse An alternative mandamus should have been
served, reciting all the facts on which the nandams
Was demanded. The order did not recite any facts.
Judge Gfbert-I granted this order to give the Board
Of Cahvassers TN opportunity to be heard.
Mr. Baruard-Your Honor, shall make a motion to
quash this application the order ambiguous in its
terms and the Court cannot interfere with the Board in
its mir yteral performance The order looks US If the
Court mad already adjudcated the case
Judge GilbeItTbs' is to all inents and purposes
k1 pa,s application. The question comes up to the
power of the Court AS rcadest and most satsfae
tory way adopted the course have Counsel for de-
Mr.. Barnard-f appear az the Board has ordered me
60 do. . -
the andaInus is applied Tor. We shall ask your
Honor toissue mandauus directing the Beard OF Coun
CanVaSsGrs exclude those distretR 10
their Judgment as to the validity OF the returns They
arp or
Judge Gilber-Thar motion is dangerous precedent
to givo ~ any Board OF CRnvassers.
Counselor DaYis-Tbe frauds so palpable that We
Cae whether the Canvassers should not their tudg
IpCnt In osnvassing the return or not 1t matter OF
stTtet OF i6e sixth Ward could be cast legally during
the allotted time. The question IS Shall the Canvaseers
have the power reject the return and pronounce It
fraudI Must the Canyassers canvass q return which
they 10 be fraud upon It's facet They 70
tify to votes cast, and these have not been cast.
Judge GoS vi w t hear yo @s5Sa%I: upon fns
the Board TO 20 behind theTeturns II is dangerous
Mr.. Fracey-Tie superior powers Of the Supreme
Court the lesser Courts not disputed Whenever
ministerial body fans 70 perform itS duty any citizen
compelling it to perform it's duty The Court In this case
any person deprived Of his just rights to appeal to the
courts and obtain the office out Of which he u unjusty
Judge GnbertI think the remedy of the parties win
be 70 obtain q writ Of Qao sVaTTdlIio: 49,,
Nr. TTaeey-The question 10, shall the persons in this
benefited by the auds enjoy the emouments Of the
Office and the aggreved persons be forced to fight their
way through the Courts The Court s p0weress to Issue
writ Of gao .oGranLo until the persons Office,
and they are then able to defy the writ Iwant to know
whether the Board OF Canvasrs have not the TO
act udICiay in the case where return is made from
aaOe other than the one Designated by the Board Of
nf votes east at The election in that district They are
THE pepet required by statute They are such papers
~ the County Canvassers are authorized to act upon
We say that ey are false and fraudulent returns Of pre-
tended YOte do not argue that the Board OF Canvas
can 50 behind the returns Of the canvass Of Vote0
oY could not 90 behind the baotbox In ths proceed
14. Inc County CanYassers could not 60 behind, but
they could go down 20 the ballotbox and inquire
whether that canvas was canvass Of the sOtes which