New-York tribune., 1871-11-07
INspRoToRs OF ELECTION.
THE PRESENT ONES RETAINED

ODmpel pfeSonb
and appoint others their stead came up beroro 'uu
barnard In Chambers. Yesterday. There was avery
large attendance, chiefly Of lawyers The mayor aFDu
his case In person. displaying his usual sefcompcen'
manner and seeming to be entirely W 's
which has been heaped upon him. The ap~
pfcaon for writ Of mandamus was finally denied Tic
argument was follows:
Mr. strahanI have motion upon n an I alternat1vs tive
continued until this morning. now make that notion
Mayor HALL am here In person to anSwcr IN U CorS h
self has fool for client With fool on one side, ana
F(Ololey on the other perhaps your rs WI
fdavits | viii observe that my motion, when he has
read them will be to quash the writ first upon matters
RSS@s sSSoR Sb a road Having thus
apprsed him Of my motion In advance, will await the
fe Mr. strahanYPefhkps a. your Honor Is already ta
mar with these aidavits 1t would be well to regard
them aS read.
Judge Barnard--Very well
Mayor Hall then read the following AFFIDAVIT:
MAYOR HALLS AFFIDAVIT.
suPRHns Peopk ~ reIdon ( John EolI n0dias
0aky Hau Meyer q a. Cg q Es;c IOrt.Cy aaa GO.sg
ncns TO auAsh the wr. %..SaTn IN %'t: % & % ,
Ts a'SSss sonH re 'IS aSd s S. lave .6.hc
MtyG q S 1Ss, os& isST b 70 Ss
CLOSELY bis discretionary judgment ascertain provision Of "a"
lated upon the basis Of The last election returns adedb poll SCS n.
contain residences Of ,Csss that IN stntcIy % s Os.r:
Affected BY Election Bsre.a .Od hi. assistants
labor. IL hs premise, MENTIONED dpcnnt within month
the election day and time before the sst day GI
co S sIR ispes S1y .d sy 0 "S
Inspector. elected Y W. @H01 sSeT1 3. ws bS,T 'a Of
SSnStr Of ne].p in Schedule statement Of COUNTY
W ones by depcents were also du named and Published ia
& s TSS b. i% naS sS% S
Their election or appointment sPe,f ana BE- TS % 3 p
pe.nS then to be deemed TO have By neglect hsr Offices
b. s 5s n $ sSs SsS3 ao s q * s
That depcuent although Large numee OF hs
ss s ss.. "'Fs and ada aS & nsi oRs
were yf.Ge, r iss b ID, even o oD.S s%Sns that .pe houS6
representing 10 duty districts Of war we're a. eee.o o{ ntu @ as
s~ n'i y,cSS asSSns SsJc.eS Sa ear.
bis por for rostpOnemeat That nsysess. & very large large
elected appointed who did not qualify when da
SHs Sec.% Do for Sspooen
ISise IsTe Il Ss lit SsS an5 i That
"S'1 Tat each iy q Boar, q n,gsfS 81
either duly elected or duly % & ASIuOn OF G1 % p
advantage once election day the ln.pse,O who
and faces Of those voters who on eea Gs peh Gs, s
s TS nS d G hG S ;%s & possible
upon who have hitherto acted continuing to act on che
and hour h, xd served upon depGpsn ,hsTs sIs w not
f@g H4uy faSi1f nS Ss s&s in the 5s
Office Ss Ss Goo6 .SS 1HS1' SrTG ono but 1I S
the time Of SeTio. Of the writ herein had two
sS ESsss1
S% G @ 5s'S % If FIN II: % 5s
cratic Inspector the local organization in DeTecc politics 70
ReSasiesn ones are % -. Gr
Of @ II h & sa q .. fin not SSs S
o clique Tb.! ssposent Tes,ris the osI;
expressly provides for representation BY two political parties and
:S % %s Ss.DSa o. & S %
and IN Ss % S s: : q III s nS Se
SI% ppea Ssi s.
sI na J, hs :. s 4 Ill III
Ssss! e y S5:: Is
s 81 .a sti s''fs AiS 'ss
::,.,, .ss S.,. Bas,
Ss: p'!s ss the 81 % s G%' HSs Ssto %.d S
eoansy and .neT Sdson BY psinf inquiry
This ssop depone9. nns4,ey nye.sAto and vim The IsT
5e e. SS. @ SS;: and rfs' S S.s s sS.rs g
ef .DS When aH Rrs :abnisd sntfse every
osss. t. BE & n H. y Of S a Ga 5 5Gasd he ~" he
each Of the u.geep sobschS:' on oath
sstsn examined As to bis stss IS BY commanded
And dePonent further that the plaintiff has no standing IN law
pont n..on Of Election And dsp6nen ha &c
and tSst hs subject h stringent
Election making felony
eS d1as S cS S s:h hs @ e sSs
gsnS gs5 S:s' ssS' e: saf;: ;SS %
rdSass I l.'s a the he & 1nn .nd Stringent Z" &
fully % .SS sI S. and GdST Ss 3 M. nS Dc
brought into exercise criticize deponentI appointments o.
. iRG to Ssns s :.. :sS Sd
with wrong doing and we're not sa1 ., %c1
ofluyesgaOn sIoptiS on. Assembly district And G.ESne.s m
eS.ss n,ss n' ss snS ~ .DS Of Il.
n Is q to be .. .s for asis@an& @ & & 70 % sfn
public life and medAtey preceding following cleo
o eI '9f %p ny STss fs S
districts, counties, or States A. oAkkl HALL
THE APPLICATION DENIED.
After the reading of the aldavits Mayor Hall said
Thus your Honor has the affidavit contradictng, as
claim those parts OF the ldavit OF plaintiff which
materisl-th{s adavit which oontradcts not only the
material parts, but also the immsteral parts the
schedule showing that there is now no vacancy upon
how the districts have been constructed.
Judge Baruard-Wth the view that take Of these
Pny law Question here II one arises on the part Of the
people or on the part Of the defendant the case at pres
Thealegations in adavits having been contradcted
the case must go regularly Oh the Circuit Calendar for
triai.
Mayor Hall-Excuse me- Your Honor, there Is
issue here Your Honor too familiar with the Jaw not
and has already made it. that he cannot be forced 10
make 1t in particular way unmake It in order to
writ because on TIE face Of the papers it calls for that
which cannot be DONE The other papers OF the plan
on this motion to quash show that the number Of In
spectors according 10 law in this county, Is now full by
tally is that by some kind Of original action which does
not yet appear In the law, but which may be made
precedents are nowadays made. for foi4wngo&tSat that
Of these inspectors may be scOoped out and other
inspectors put in their place.
Your Honor s familiar with many cases in the books
wherein mandamus ts issued 70 compel board or an
individual make an appointment. But none eyer
heard Of q mandamus to compel board or individual to
make an appointment In particular way or to appoint
particular individual therefore move to quash this
writ 1t seems TO me that upon the afdavits there
be no issue made beyond that and that fact now APP
pearng to put 1t on the calendar now would be Ike the
for writ Of error and you asked the counsel what had
become of the defendant and the counsel said ne was
hung Any issue that may be framed hereafter strikes
me m the same way and it my night that your Honor
meet the question now on this motion TO quash.
Judge Barnard-An issue Of fact having been created