The New York herald., 1873-11-19
THE COUNTY CANvASsERs.

The Vote Of Westchester County Cam.
vassed-Thc Argument Before the Come
mfftce ON Protests.
The Board of County Canvassers met again yes.
terday for the purpose or acting upon the returns
sent down from Westchester county. Messrs.
Flanagan and Angel, rival candidates for civil
justice in Mornsania, and all the inspectors were
in attendance, and Mr.. Flanagan requested o
HERALD reporter to say that he was not the gentle
man who a lew days ago examined the protest OF
his rival, Mr.. Angel. The Committee on Protests
examined the inspectors, some OF whom stated tnar
the returns previously made to the New York coun-
ty canvassers were made up after returns had
been made In accordance with law in duplicate
to the County Canvassers Of Westchester and the
respective town clerks. Mr.. John A. Henry stated
that Mr.. Flanagan, whose seat IS contested and
Mr.. Richard Clark, induced the inspectors to make
out these returns, and that the official returns
were in the hands OF the town clerks and super.
vlsors OF Westchester county. The committee de-
cided not to Canvass the returns sent IN, aud to
WesUchester supervisors, and an adjournment was
taken until three O'Clock L. ~. The canvassers
York districts
County Clerk Lowe presented long opinion OF
the Corporation Counsel as 70 the power OF the
New YORK canvassers TO canvass the Westchester
county vote, which aillrms their right under tho
law 60 do So. The Counsel concluded by the re-
marks:-
1T VIII be observed that the votes given both
counties tor and against annexation, IN accord
ance with section IL are IN terms required to be
canvassed in the same manner as votes given for
state officers, and by law required to be canvassed
and returned But in section ., which requires an
election for civil justice to be mad only in the an
neXed territory, there Is no provision as to where
the canvass shall take place. But think that sec
tion ,, in the words 'orher ollce5.' must be held
10 include the civil justice, and that the votes for
this oilce must according to the terms OF this Sec
tion, be canvassed in New YORK. l do
not forget that section Is provides that
the act shall not take effect until the
lsL OF January, 1874. except as to such
parts as are otherwise proviaed or and as TO such
specified; and except also section II, providing Or
q vote en- eXailon, which section IL shall take
effect Immediately. Section ), however, is express
that the election Tor civil justice shall take place at
the next general election. which, have already
salu, is in my Judgment the election next after the
passage OF the act The election Tor civil justice
being ordered by section ), think the intent OF
the Legislature that the votes shall be canvassed iS
as PLAN as though such canvass had been IN terms
provided Tor. II am right IN this view. then the
words Of section 2, which ! have re-
ferred to, are not, with respect to
this civil Justceshlp, postponed in their
operation, but must be regarded as taking effect
upon the canvaSsing OF the votes for this 0frce
and must be held as requiring that the votes Tor
this Office, being one oil the other ohlces' not
not in the county OF Westchester but IN the county
OF New York, and your Board should proceed with
the duty required by aw.'
On resuming the canvass the vote OF WestcheSter
taken up, including those Tor the State ticket.
which the Board heiG they were compelled under
justice and the canvass was completed at quarter
to live, with the exception OF West Farms. Flan-
agans total majority Is AZ over Angel, that por-
tion OF the canvass being completed