New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-10-02

all his ie and AJAX you to give us MISREPRESENTATION
semhly District Eighth Ward, the Republican candidate
poed 1000 votes; Tammany Hall, 2S4O, and Apollo
Hail. 27O and the latter elected and served IN the
last legislature According TO the last census taken In
the Eighth Ward there 2i6 citizens above the age
OF o. In 1865 there 1888 votes regstered-ncre
votes than citizens living there Now, are you
going to protect citizens from baotboX stungi lap
Ex,Jndge spencer~I am glad to hear that Apollo Hall
supports Mr. Herman, for public declaration OF that
kind has before reached
Mr. Mitcheii-Wc bave met for that purpose. Sir.
Ex-Judge spencer-since the Democratic party nom
mated Greeley and Brown they have not hao meet'ns
OF their General Committee for any purpose. am IN
formed from credible sources that they dare not ca
meeting of their General COMMITTEE Tor tney "ouu
clare IN favor OF Greeley and Brown.
Mr.. Mohell-That is not the question.
,ions ticket think Sir it is clear that this orgaDizs
ton opposed TO Mr. Greeley and that Is tho Only pp
question, claiming, before, that there are ony nm
political parties to be represented on th5 SnnDort
those who support Mr.. Greeley and those VINO suppo
Gen. Grant. 49,,
tons made aud would be guided by the hght 'nu'
gained In arriving at a conclusion. ,,.,. ,,..
Mr.. Davenport then took up the Assempy s. S
in numerical order and recited objections aggregauhg
hundreds that he had received AGAINST as ~
the candidates Many OF these oDIectloS wee 80 onnr
the fact that the candidates are propietoIs OF qnol
stores that they are men OF bau oharscter' MI "a
venport said that one reason gwen why ero m the
Apollo Hall and Grant Republican list, as against those
on the TammaDy list because those lists had not
been examined by the Tammany representative while
the Tammany list had been thoroughly examined by Dotn
ApOllO Hall and Grant Republican representatives
Judge Woodruff then said he would examine the lists,
and make his selections. He also made the following
extended observations:
JUDGE wooDRUFF's REMARKS.
The law is framed and passed primarily with the view
10 the interests Of the nation at large Incidentally that
involves to large degree the interests OF the several
States The law finds its foundation also primarily In
provision Of the National Constitution which gives TO the
Congress Of the United States power, within certain
limits the conduct of the election Of the represent
atives the Congress Of the United States. who as leg
satOrs are charged with national interests Well the
Congress of the United States has seen at TO en-
poy the term political parties" which is generally sus
centible OF application 10 every set Of men, whether
greater less in number, who entertain diverse views
concerning the political interests Of the nation State
city There presumption found in the constitutional
provision which the law restsfOund In the fact that
Inc law is an emaDaOn from the National Legislature,
aud found in the fact that that law relates especially to
elections at which members TO the National Assembly
are to be chosen say there presumption that Con
mean that it should be satisfied by the seiec-
ton from every subdivision or faction, or, to
split" among the larger and more GomPT IRE
question which arises the recurrence OF any election
day and If it suggested that the frienus OF any
aud every candidate office in the State, or in the
Counties in the cities answer that definition appre
bend that Interpretation of the law would DO rejected
by all intelligent minds, on the other hand, the Court
in executing such law cannot be expected TO inquire
of every applicant for supervsorshp for whom he in
tends TO vote If that test were to be applied 10 Sae
politics. the inquiry would then arise and run into
an extreme which would make IL impossible to comply
with the provisions of the law. Shall 1t be, For whom
do you intend TO vote GOvernorf" Shall be, FOr
whom do you intend TO vote for some other subordinate
office 7" Shall IL be- For whom do you intend TO vote
for county officer /" Or the question might be
tended through all the range Of candidates The obser
vaOns which have been submitted 10 the court tOaY
Illustrate the Improperly OF the Courts entering into
discussion OF these subdivisions
1t is stated in behalf of portion Of the Democratic party
which has been styled here in the discussion the Apollo
Han that they are the ardent supporters OF
the other hand IN behalf Of those who come
by the National, State and County Committees, that Mr.
Herman is put in nomination by them. II, then, am TO
look at State politics at ALL and II 1t would be proper TO
look at the party that supports the candidate for the
quirement Of the law would be satisfied by approving
applicants for Office who are aoont 70 ,. support port
be called; and the argument that has been submitted to
here to-day therefore, inviting the Court TO listen TO
the distinction between a Iammany Han ana an
Apollo Hall Democrat falls to the ground at once The
law satisfied by selection from either Of those subOr
innate DIVISIONS OF me party. But appiehcpd mat
that is not the test that Is test that would be mprac
was that The Court should be advised Of the great
contest that is going on in the state st
tration. in sDme form, Of the National Govern
ment II there clearydefined lines that could be
recognize them, and be governed by them without
ger Of mistake there would be very obvious reasons for
gress Districts the party that was 10 support ON
hand known friends OF what may be termed the
those that opposed 10 the Administration Not be-
they are supporters OF the Administration be-
cause the case might We'll Dc In when The CauudJes on
either hand new men, and there would be no pro-
priety IN referring 70 names.
There prOpriety in referring 10 except
a Of ascertaning where the lines are drawn be-
the great political parties in the country whether
two Now, without going Iurther, will have
no hesitation in Announcing these considerations in
my mind such should govern the Court in making It's
selections, and that II would not be wise proper 10
down from national into local matters which separate
men Of the like political faith who happen 10 diifer in
respect candidates who TO lie brought forward at
the coming OF officers with whom Congress has
heretofore TT to interfere, and In the election
OF whom it may be mace grave question whether Con-
gress has any power to interfere.
Commissioner Davenport handed in his papers, and
the Court adjourned The decision will be given at
early day
THE TURF.