The New York herald., 1875-11-12

The proceedings of the Board of County
Canvassers have been diversified by the
performance of solemn farce in which "a
protesting lawyer, the Tammany Alder
men and the Corporation Counsel have
played the prominent parts. On Wednes-
day protest against the canvass of the
votes cast for Justices of the Marine Court in
the recent election was formally presented
to the Board on the ground that there
is no provision in the law of 1870 for
the election of the three judges who held
over under that law; that, if the law Of 1852
is applicable, only one justice could have
been elected and ballot containing two
names is therefore null and void, and that
no power exists in the Board Of Canvassers
to take recognition OF these ballots, or to de-
clare any person or persons whomsoever
elected Justice of the Marine Court. The
Tammany Aldermen adopted resolution
suspending the canvass of the Marine Court
returns until an opinion could be received
from the Corporation Counsel
Yesterday the Corporation Counsel gravely
informed the Board of Canvassers what
even Alderman Purroy ought to have
known-that their duty is ministerial and not
judicial and that all they have to do is to
examine and verify the returns and declare
the result. The Corporation Counsel, to be
sure, tells the Board that their duty is to
''count the ballots that have been depos-
tied = but this mistake is pardonable on the
ground of inexperience. The learned Coun-
sci promises subsequent attention to the
Every serious questions" raised by the pro-
test. We may therefore expect at some
future day an elaborate discussion Of the
serious questions" alluded to, and an
opinion thereon that would not shame the
world-renowned Bunsby. Meanwhile the
newly elected Marine Court justices will
probably console themselves in the midst of
these Tammany death struggles with the
plain language of the second section of the
Law of 1870 chapter 5S2-'sTo reduce the
Of the city of New York into one act and to
extend the jurisdiction of said Court
which reads as follows:-
SEcrIoS 2-The said Marine Court shall hereafter
consist Of six Justices whose Of Office shall be
effect shall continue therein until tho expiration Of the
for which they respectively elected subject
to removal in established by law. The three
additional justices OF said Court shall be elected at tho
general election be held the third Tuesday Of May
1870 Said justices shall take Office the 1st day OF
July next and they shall before that day. classify them
selves by lot that of them shall hold office until
and including the 31st day OF December, 1873; of
them until and including the 3lst day Of December,
1875 and Of them until and including the 3st day
OF December, 1877; and they shall within the same
time nle a certificate Of such classification signed by
them the office of the Clerk of the city and county
OF New York. also in the Office OF the Secretary Of
State.
The only SERIOUS question" that occurs in
connection with these explicit provisions Of
law is how any person can be found simple
enough to misunderstood them; and any
serious discussion of their suficiency that
may be made by the Corporation Counsel,
while it will no doubt be very learned, will
certainly be very useless