The New York herald., 1874-11-19
wHosE SEAT rs 1T

Ex-senator OBrfen Protests Against
Abram >. Hewitt Receiving the Ger
tificate OF Election as . Representa-
tive An Congress.
The last meeting OF the Board OF Canvassers
took place yesterday. The Committee on Protests
reported upon the claims put in oy ex-Judge
Hogan Tor Congress, Frederick Kuhne and George
W. oauer for Aldermen John Gillian for Comptrol-
ler and the three candidates for Assistant Alder
men. They reported that they could not find any
valid ground for interfering with the result OF the
votes as originally announced.
At the recent election ex-senator o,Brien con-
tested the Fourth Congressional district with
Mr.. Abram >. Hewitt The latter gentleman,
according TO the returns. was elected by some
looo majority. MT O'Brien yesterday sent IN
protest 10 the Board OF Canvassers. through
Alderman Mcnheimer which is as folows:-
O'BRIRN's PROTEST.
TO THE BoARD % or coysJY cxsyAssERs IN AND ros THE
The undersigned respectfully shows TO Honorable
first-That he was candidate Office OF Repre-
sentative in Congress tor the Tenth district
ana recsysd Ss large nan,oe Of votes Tor thai oice
large number OF Votes Ior he SAID ONCE al the soresad
election to wit as the undersigned y informed
ne the ans sn ny under
The State Of New York to election to the :ad once Of
s " Congress in and or The said district
time Of sal S Sslection residen, or inhaeant Of the
laws aforesaid but was resident and inhaotant
Of ne STATE @ Of ~ sew Jersey and such resident and in
,hsse,n Tor pgbe oiaesFs chosen sre,n within snor,
.ad py the as,s above set forth The
Of to hs as aoe iora
said and that all votes or HIM said oiice
y nS oi he ssS the undersigned
the SAID ofes at the election aforesaid, duly elected
upad "a end
against the o. any votes cast IN the SAD dis
sentative in congress and 70 and sgsuss any sct or
thing oeins e. @ done ey yoar hon9rsbls Board which
hewitt or by reason OF which ihe said levitt would be
Once " '''''"' u ''''''' =" VAC 'A'1
Sr.nsr submits and ,ss:
ne James o'Brien was AZ the election aforesaid duly
io the said eSih consressiona IN dlstr,e -N
And the andersEned In SUBMITTING tnis statement and
hewitt to have beer elected TO the said oice. upon ne
DATED NEW YORK, November IS, 1874
The protest ordered on fe and the Board
adjourned shortly afterward, having brought .ae.r
laoors to an end.
HEWITT on rHE PROTEST.
HERALD reporter called upon Mr.. Hewitt at his
residence on Lexington avenue last evening. to
inquire concerning Mr.. O'Briens charges and pro-
test OF election.
He said tnat OF course the charges OF bribery ana
corruption were so utterly groundless as 70 oe.
come lnsgnin can't He was elected by aiorty
OF over 1900 votes ana Mr. OBrlen was the nrst to
make any such charge as this. AS 70 the charge
OF non-resldence, that mad already been fully de-
med and explained before the election. Mr.. Hew.
lit added that IN any case this was not matter
for the Board OF County Canvassers to investigate
number OF votes bv which he (Mr. hewitt, had
been elected, The question Of non-resldence was
one for the Congress to which ne was elected 70
inquire into, and no other tribunal could take any
action regarding It, Mr. OBrlen, II be wished to
contest the matter OF residence must 90 II there.
He (Mr. HewitI was OF course . resident, having
removed here thirty days before the election and
the constitution Oi the United States holding that
so long as person resided IN the district at the
time OF election that was suricient. SAID Mr.
Hewitt
~ fully explained this matter in q circular I
ago, in these words :-sThe third charge a0ainss
me IS that am not resident OF this district, and
removed INTO 1t Tor the purpose OF getting tne
told tnat the annual affidavit which Tor manv
years nave made at the tax office OF my residence
In New Jersey will be circulated. The TACT OF my
legal residence III New Jersey for the last twenty
years IS perfectly well known. ana also the !act
that during all that time have had residence at
optional with me TO select my legal residence IN
either place, but as the bulk OF my capital was en-
bered to nv Legal residence ~ ha state unt
lew weeks ago, when IT was proposed TO nominate
me ior Congress in that state, when l decided ia
| remove to TINS state where my political assocla
| tons had Identified me with the democratic party
for over quarter OF century. When thus change
| democrats OF this district they insisted that
must take the nomination for Congress here, to
which, under the constitution oil the United States
had thus become eligible. and reluctantly con.
sented, In The hope tnat | might be OF some ser
vice IN restoring the prostrate Industries OF tine
country to prosperity and IN opening once more
the avenues or employment now unnappily closed
tothe w0rklngmen OF TINS district +"
Deputy County Clerk Gnmpleton then read on
| the list or candidates ana their total vote. Tue
/ 1gures have already been published.
Some unimportant resolutions were passed as
| to payment Of clerks and messengers after winch
! the Board adjourned.