, 1876-11-18
AFTERNOON SESSION,

Upon reasscnihllng, james 2. Root resumed
the argument. lie said the spirit Of the Inv did
nut contemplate that any man should he dis
franchises! or loss his political rights because Of
any negligence OF an officer nppontcd without
bis canscnt. This would be true even II tile
Judges and clerks were elected by the people.
When 1s,at, went to the polls and deposited Ills
0atut, It was not cKpsctsl that hn should remain
there alI day to see whether tho Judges Or
clerks crosscd all the "rs" and dotted
ail tho "rs." II tho clcctor was IL
be held responsible for every informatlty that
might occur. We might rs well say we would
lave nO clectlpns at all. The giss Ut the whole
matter WAS To nsrcrtan, II possible, and IN tho
must approved modes, the VIII of tic maturity
of tl!r legal rotcrs III given pre:iuct. That was
all there was III The ELECTION laws, Tho courts
Aau madu Il great distinction III the statutes on
tho suujcct. There weru those statutes whi:h
went to tle csscncc II the clertiou-tlle right to
h"ld nu election. md 'ts validity. When thosv
questions werc ucc scttlod and It wills ron .e,lel
III a!l han.ls that an rlcct.oa could bc held for
certain t'tllccra unen curtain dry 1t was tnna-
teria' as to what nl"de ths election was conduct
60 III, provided it WAS not tainted by fraud. III
Then quoted ir.!N ii decision in an Illinois case
--CleItan ". Parker, III appeal frun Rock
isla'HIEto chew Tint the spiri: aud not the lot
ter u tho lay WIS to b. observed: I'VE think
tlMt those who huncstty expressed their viii Ut
tl'e hallot-l'ox should be protected, aud,
4 t'e otlcers of election have violated
IMPOSED upon .hctn." Ttts decision laid
dnwn tl,e pr!arpc that the vital question to Ge
considered WAS ille right Vi thu yotcr, aud tha.
l,e should not hc lisIranrl,ised. Attention was
diFrctea to llln luo warranto case growing nut
u tho atont'on Of the city charter ol l67a. One
of the points snatia WIS that tc Council iatl no
right To CANVASS tue retnrns, lor the reason that
the Judges of election had not returned u,ly
p1ll'books,-llad not Kept any poll.books Or
tally-stlectsi and the Supreme Colr, saa IL was
not essentlal,--.llat the question was How dill
tho vote slaud between tue legal voters lu t,,e
varlons prrcincts.
The duties of Canyasslng Boards were next
adyerted 70, and McCrarry Cited from: "Tlcyy
dus form, but aitsr that thuy eau only compute
tlIc votes cast for the several candidates and d.
clara the result. But, In determining Us to tic
fnrtn OF tho rtturlls, tluy must c1nsdgr thu
substance, anl pot 10 too terhnsgal. II there IL
substA,itlal compliance Will tic law, il Is
enough" lie took tile position that thete lad
been ! sabstantial compliance with the stat
utes. Thsro waa before thu Board what wuuiu
onat!e it " determine that there l,a4l been fair
Judges wero falr OH thctr fasc, and thete was
then commented upon. aud the difference pu,nt-
Cd oat between tlohe which were mandatory
Aid tloto which were lirGrtory, nt,l McCrary
was cited Again: "1rscgularIties which du not
tend to affect the EeGu,t aru not to ltieat the
VIII Of the majority. The Will Of the majority
70 to 6e respected, evcn when trregularly *.
prGsse1:" That was the law applicable To this
cuse, -Four Or l'yu thousand people could not
6o dlsfrpnch!svd BECAUSE clerk lad failed 10 do
rs "uty. It was revolutionary to say II could
no Aono by q Hush Of thu lanl, Or because there
pnper; The Election iaw was read by Str, Root,
hr claiming that uo tally.shcets were ruqureI
It.. Tne Judges were nut required to slgn
ilen; iI'sy xrIs simply the ei,.osa,,da Of u