The New York herald., 1875-11-20
BOARD OF CANvAssERs.

THEY ADJoURN SINE DIK-ANoTHEn OPINION
FROM THE CORPORATION coUNsK1,-rHE
PROTEST AS TO MARINE COURT JUSTICES
WHAT CONSTITUTES AN ELECTION CANVASS
The Board OF Aldermen acting as County Canvassers
held their last meeting Of this year yesterday for
purpose OF declaring formally the and candidates
elected at the recent election. Alderman Gion pre-
sided
The totals Of figures we're read on by County Clerk
Walsh and his deputy when some trivial errors were
corrected. on motion Of Alderman Rowland the vote
cast for 1teen Aldermen at Large and twentyone As
s.stant Aldermen, in accordance with the law as de-
fined by Counsellor Wolfe, and previously explained in
the HERALD, stricken from the canvass
Resolutions Of thanks passed in compliment to
the presiding officer Alderman Gilon; County Clerk
Walsh and other officials employed during the
DUTIES or THR BOARD
An additional lengthy opinion read from Corpo-
ration Counsel Whitney to the powers and duties Of
the Board and also IN relation to the protest sent in
against counting the votes for Marine Court Justices
The principal points Of this opinion are as foows:-
Mr.. Whitney first gives detailed statement OF the
routine duties of the canvasscrs and then goes to
say
All this, have previously advised you, is a
purely ministerial duty-namely that Of compiling the
separate returns OF the various districts and making out
the statement OF the result The final act OF the Board
County CanyasscTS provided the statute
follows -Upon the statement or votes given for
bers OF the Assembly and county Offices the Board
shall proceed TO determine what person or persons
have, by the greatest number of votes, been duly
elected TO each OF the Offices mentioned in each state
mcntn
1The words s'duly clectedi would seem at fret to
imply that the Board had authority 10 outside OF the
and determine whether the election Of each
officer was author lied by law and had been in every
respect legally and fairly conducted THIS nvcstiga-
ton would seem 10 be preliminary TO any decision
which the Board could possibly make that person
Hal. t1.l.t .talna ntf t1.ar
hand if the Board OF County Canvassers invested
with the immense responsibility involved in such a
construction of the law they constituted Judicial
tribunal OF great power and Importance, without any
provision OF law having been made for the proper
ercse of the judicial franchise There is no authority
OF law for the hearing OF parties the examination OF
witnesses by the Board of County Canvassers or for
any OF those proceedings which have, from timo i'm
memorial accompanied the exercise OF judicial
functions. In the case under consideration all
the provisions of law have been observed which are
preliminary 10 the action of the Board County
yassers BY reference to the notice of the election
which has been advertised appears that this election
OF two Justices Of the Marine Court properly not
fed by advertisement and in point OF fact the election
OF two Judges OF the Marine Court has been held-that
is the selection Of men has practically and Id fact been
made by the voting community for those TWO Offices
whether the proceedings were authorized by law or
otherwise In determining what your statement OF
votes ought 10 cover you are not expected 70 look INTO
the law for the purpose OF seeing what officers ought
to have been elected and what not IL that you
shall make such statement of the votes as the
nature Of the election actually held shall require
When they have made, certified and attcsted these
statements, and delivered copies of them TO the
County Clerk the law invests them with the RESPONSE
by OF determining what person or persons have been
duly elected but It specifically limits them in coming
to this determination 10 the statements previously
made by them and fled.
This determination is evidently ministerial and not
judicial one, SO that the authority OF the Board Of
County Canvassers comes 10 this-Where an election
has actually been held and duly notified in the pres
case, the Board OF County Canvassers obliged
by the statute make and file statements of the
suit of the voting, based upon the returns OF the
from the various districts, whether the not
cation of the election and the holding of the election
were authorized by Law otherwise.
The determination which you called upon to
make Is practically little more than formal statement
or the result of the canvass and II leaves all questions
to the legality of the election TO be decided ese
where am therefore. OF opinion that your Board Is
relieved from the responsibility OF entering into the
question whether there was authority of law for the
election of the two Judges of the Marine Court. The
election having been duly notified and held you
called upon to make statement OF the result of the
voting and upon such statement to determine what
persons have been elected Justices Of the Marine
Court whether the election was authorized by law
otherwise.
After the minutes OF all meetings had been read and
approved the Board adjourned sine die.