New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-05
A POLITICAL SKIRMISH.
A Masked GIN IN TIE fnARrpp

! "'f'hF JJDtE RELATIVE I'D AliBsEs
/ foAvD5 AZ TT RECENT ELECTION ossyK
CHARGE AGAINST COMMISSIONERS SMITH AND
GArDsrR-rAMSAsY HALL AND INK COUNCIL
az POLITICAL REFOEN ~ ALIIANcg
II has been freely charged since tho election in
November that certain inspectors Of election were
app0inNed by Police Commissioners su.tl Charlck.
and Card. er in the yIIIth. XvnIh. and vXIsi
Assembly Da riots, for the purpo,e 81 manpnl,ti,s
the election ret ms in such way "a n ,ecnre IN,
return Of certain candidates for the Assembly +,
is also alleged thu. gross frauds were ner.
potrated by the inspebttor thus appointed
and further. that dispatch. wa telegrapbed
10 all the police precinct, ~ ths night
of the election. directing that the watcher, 40
pointed by the respective political parties sbonld =,
kept outside tbs railing n the polling places and
not allowed to whether the ballots were fairly
counted or not. The result was that the watcher,
were buffeted by tho crowd in the lboy mentioned
Assembly Districts and they could not see what tho
inspectors doing. and in several instances on
slight pretexts they were elected from the polling
places. The evidence bearing OF these alleged
frauds, collected by George w. WIDgato and Col
John Il. Fellows. the lawyers employed by tho Tan.
many Hall General Committee, has been heretofore
given IN Tue TRIBUNE The Charter Of 1873 has
provided new weapon whcrewith to fight oorrup-
offender before judge where he can be examined
in regard TO the charges made against him Ths
following is the section of the Charter:
SIC. 100 ANY Alderman, COmmi.siOner head OF ie-
psrtmont, chief OF bureau deputy thereof or clerk
therein. other officer OF the Corporation or person.
may, ~ Judge shan 80 order be summarily examined
upon an order 10 be made on application based on
affidavit Of the Mayor, Controller, five Aldermen.
any commissioner OF accounts any FIVE ciCTeus
taxpayers, requiring such examination. and
signed by any Justice OF the Supreme Court Of the First
Judicial Department. directing such examination 20 be
publicly made at the chambers OF said Court At tho
Office Of said department day and hour 20 DO named
not less however than 10 hours after OF
said order. Such examination shall be confined TO an
inquiry into any alleged wrongful diversion
misapplicstion Of any moneys or fund. or
any violation Of tho provisions Of law, or any
want OF mechanical qualification for any
inspectorshp Of public work neglect Of duty In
acting such Inspector any delinquency charged In
said affidavit touching the Ofce the discharge
leet Of duty which it is alleged IN the application for
said order that such Alderman head OF department
other aforementioned officer persons has knowledge
or Information. Such Alderman, Commissioner, head Of
department clerk, other Aforesaid officer person
shall answer such pertinent questions relative thereto
aud produce such books and papers III his custody
der his control as the justice shall direct. and the
nation may continued from time to time such jus
tice may order but the answer Of the party charged
shall not used against him in criminal proceed
ing; provided however, that for all false answers
material points he shall be subject 10 the psua and pen
alties OF the crime OF perjury &c.
lii understood that this provision was inserted
in the Charter at the instance of tho Council
of Political Reform, aud that it was framed by
Doman b. Eaton. Hitherto its powers hove re-.
mained unemployed and 1t is doubtful whether they
are understood By many. At length a step has been
taken which will doubtless lead TO very grave TO
suits five tax-paying citizens having applied yester-
day afternoon TO Judge Barrett of the Suprems
Court for an order for the examination OF Oliver
Charlck Commissioners of Police, upon charges
deliberately set forth in the affidavit on which the
application for the order is based The five citizens
are John Kelly. John Winthrop Chaner, John
Stephenson, Hugh Taylor, and Joseph Haight, jr,
the first two of whom will DO recognized as promi-
nently connected with Tammany Hail. and the others
as leading members Of the Council of Political Re-
form. 1t is understood that there is substantial
agreement between these two powerful organiza-
tons i'm regard to tins well rs 10 other measures
TO be taken hereafter The affidavit OF the hYo
citizens OH which the application is based ia
volumnous paper setting forth the charges against
Police Commissioners Oliver Charlick, Hugh Gard
ner and Henry Smith. 1t may be summed up ~
follows
is alleged that the election law Of 1872 provided tina,
the inspectors OF Election shall be appointed annually
daring months Of August and September that iour
Inspectors shall be appointed from each Election Dis
trct two OF whom issues. shall be OF different
political faith and opinion from their associates ana
those appointed 10 represent the political minority
TO be named solely by such Commissioner
or such Of the Commissioners OF Police in said Board
as are the representatives OF such political minority
that Commissioners Gardner, Smith, and Russell were
Republicans and Commissioners Charlck aud Duryea
Democrats; the last two course, being ia political
minority; thus two out OF the four Election Inspectors
in each district should have been named by Charck and
Duryea and the other two by the Bosrd that Commits
soners Charlick. Smith, and Gardner entered into an
illegal conspiracy TO appoint all the inspectors them
selves and so doing TO control certain elections and
make certain combinations for their own beneht andin
disregard Of the freedom aud purity OF the Dalot-boR;
that in furtherance OF this conspiracy, resolution wa
passed by the Board Aug 49, lsS by the votes OF tho
three consprators against the earnest protest OF
Messrs Russell and DuTyea an honest Republican and
an honest Democrat appointing Charlek and Gardner
Committee for the appointment OF all the Inspectors
and that these two did appoint all the Inspectors.
who acted as at the November elections that the
names OF inspectors appointed by them were never
reported to the Board for action till Nov 10, 1873 SIX
DAYS after the election when by the votes OF the three
consprators again, these appointments were confirmed
e. Dost facto the two honest Commissioners once moro
uselessly protesting.
It is further charged that although VIGOROUSLY tho
immense majority Of the in the city
we're attached to Tammany Hal, and although THAI
organization alone presented organized opposition to
the Republican party, ana although Gen. Duryea ear
nesty desired nominate inspectors Of election VINO
should represent Tammany Hail. yet the three conspr'
ing Commissioners appointed representatives OF
Tamnauy Hall inspectors IN many OF the election
districts of this city particularly in districts included In
,be With XVIII. and XXIst Assembly Districts;