, 1875-10-08

incumbent who would rather not do any
good But If 1t proves tint the Marshall
hands ara tied for both good and bad, the
appointment Of H1IonETn will furnish
ground for congratalasion that larger powers
were not vested in the Office.
|
THE REAL MEANING OF THE CHARTER
| DECISION.
tbs mntter-of-fact aud common.seus In
depreciation to DO put upon tho Supreme
Court decision In the charter case is that the
Election law Of the State is meaningless, and
only SERVES to lnubes up the statute.boohs.
II may be violated with impunity. Tho very
safeguards which it provides against frsul
| may be thrown over so that tho frauds them
selves can never DO traced, mud yet tho fail
! 'lre TO trnco them will be construed against
those who protest against tho violation Of
| the law. This is the practical effect of the
decision, without any regard to the technical
| errors That tuay have been made in the prose.
cution OF the case. Tho violation Of tho Law
waa admitted on the part Of tho city, not
only in regard to the notice and change Of
roting-p1aces, but in the omission of several
essential features Of protection against fraud.
I! Yhcso omissions went up to tho Supreme
Court in subordinate way, and the
Supreme Court allowed them to pass
out of tho case by holding that tue
counsel for the city had the right to
withdraw the plea which Ind brought ont
the allegation Of tho omissions. We do not
care to discnsa tie point whether or not tho
counsel for tho people were at fault in
making up record for tho Supreme Court
it is sufficient Tint the Supreme Court hnl
lefose them an admitted violation Of the
Election law Of tho State in almost every
particular, opening tho way for tho grosscst
frauds, aud TINT they havo decided that this
may occur without vitiating MI electionl
We shall not undertake to restate the
whole case, but select bare samples Of the
deliberate vio!at'on Of tho Election law aud
its results. Tho Inv requires that there shall
he two clerks at each poll, and Tint lists Of
voters shall be made and kept. This impor-
tant requirement was utterly disregartled in
the First, Second, Seventh, Eighth, Ninth,
Eleventh., Eighteenth, and Twonsieth Wards,
where the ballot-bos stufflug WIS DONE
What waa tho consequence? In tho First
Ward 1,7C2 votes were returned, OF which
only 97 votes were against the charter! Had
lists of voters been kept according to the
law, 1t would havo been necessary for tho
clerks to hayo written out 1,762 names. It is
notorious that there wero not more than coo
legal voters in the ward, aud of these not more
than 400 deposited ballots on tho charter.
The representatives Of the people coutesting
this election could then hayo taken the list
md proved In court that at least GOO persona
entered as having voted did not vote at oil,
and more thnn 700 other names ontered as
sotcrs were necessarily bogus, and that there
wero no voters in tho ward answering to
those names. But thero woro no clcrka, and
no lists were kept, for tho express purpose Of
depriving the contestants Of the means Of
tracing the fraudulent ballots. Had lista
been kept. tho Judges and clerks would not
hnVe dared to make these false entries, bo-
cause discovery would have been inevitable
In other wordA tlis violation of QUO Of tho
essential parts Of tho Election law was COM
mittcd deliberately with the purpose Of ron
1cring the stulling Of tho ballot-boxos In
sovon or eight wards easy, and Of removing
all danger Of detection. With this condition
OF things before them in fact, 1t not In th4
strict construction Of the record. the Supreue
Court ignored the admitted violations Of The
law a. unesaontial,
What Ia truo Of tho First Ward was a1so
tt1e OF tho Second Ward, where 1895 vote
were returned, not one.i1fth Of which w@ Z
ever casti Of the Eighth, Ninth, Elovenf b
Eighteenth. and Twentieth Warls, VII ere