The New York herald., 1872-11-13

The Parity OF the Ballot Boz vinda-
Gated in New Jersey-Sheri1 Rcin-
hsrdt Not To Be Counted Out-Tho
Suprcne Court Interfercs--A Clearly
Defined Rule Laid Down.
The subject which engrossed public attention In
Jersey City during the past few days next to that
Of the Boston fre was the conspiracy In the Board
OF Oanvassers to count out Sheriff Reinhardt and
count in william Van Keuren, the Hackensack Dock
candidate. The Board had partly accomplished the
object Of the conspiracy by throwing tho returns
OF district which gave Reinhardt 200 majority.
ana they were about to complete their work when
an injunction from the Supreme Court was served
upon them BY Mr. Lippincott, counsel for the
Sheriff. The service OF the paper created
great uproar. and several members Of
the Board called out to the clerk to
continue his work despite the order Of tho
Court. Another member insulted Judge Newkirk.
one OF the associate justices OF the Oyer and Ter
MINER who was standing in Court at the time and
q third vocleratcd, "What do we care about tho
Supreme Court ?" The scene which followed this
open defiance OF the Supreme Court was the most
disgracef0l ever witnessed in the court room
where the Board was in session.
Yesterday morning Mr.. Leon Abbott applied be-
fore the Supreme Court. In Trenton, for writ oi
mandamus on behalf Of John Reinhardt, Sheriff Of
Hudson county. to compel the Board OF Canvassers
Of that county TO receive the returns OF the sixth
precinct, Second Assembly district; First pre-
cinct, Fifth Assembly district and Fourth ward.
f S haS maoe the oos Of 5SsS
Of Hudson county and ior which he was .cs csadi.
date The Board Of County aS the 70
grounds that there was gross informahty Ia the
manner in which the election was conducted. and
that the returns from the other precincts were NOS
presented in proper form.
Mr.. Abbott in the course OF his argument said that
this Court, and never will again II the Court inter-
pose Its strong arm and stop such stqpendous and
~ m
eide the election out OF matters entirely
outside then legal line Of duties, by casting
votes OF any district where Van keuren had q ma
jorty, although inlormahties OF more serious
in those which they had decided to reject. This he
contended was evidence OF q deep design. One OF
the Board Of County Canyassers Frank 3: Woodll
wanted the Sheriff to come down, so that Rein.
hardt would not be counted out. And Il
tion was held in one OF the back
rooms adjoining the County Clerks office, between
Matthew Erwin Frank ctn wooa nna .ne achs@ea Uoen
After very able argument Mr.. Abbott concluded
mandamus and show these Hudson county can
yassers that their arbitrary acts have not the sane
tion Of the law, and that their attempt to interfere
With the purity Of the ballot box is strongly con-
demhed. &. =. - -" -. -
Mr. Linn, Of Jersey CITY, counsel for defendants,
| stated that the Court could not grant peremp.
! tory maqdamus; that, inasmuch as the defendants
had not been proved to have refused to perform q
gence in the discharge Of their duties; that
| they assembled together as legally authorized
body, and had not concluded their abOrs prior to
| the application for mandamus in this case. He
said that there was no evidence Of such fraud as
! the counsel for the reator alleged was attempted
by soma 0f the members Of said Board OF Cali
vassers. Under these circumstances he asked that
the application for mandaIdtis be dismissed: c..
After short consultation by the Court Cniei
Justice Beaseley decided that It was the pnani-
nous opinion of the Court that q mandaM9s
should be granted compelling the Board or CAN
vassers to receive the votes In the disputed dis.
tricts and abandon the erroneous principle 0i
going outside the returns, which they have no
right to do. t e4-. rt fsssv