The New York herald., 1879-09-30

fed persons without dictation from any quarter.
Upon the condition of things stated exist tho
moving afidavits no duty the part OF the Police
Board to appoint inspectors who are of the demo-
cratic-repubcan faith and opinions on State issues,
or who are adherents OF the Tammany Hall democ-
racy on State issues arises 1t is conceded that
tho republicans, as between them and the demo-
Gratis are in the minority in comparison with the
aggregate vote of the city; but it is not alleged. and
il alleged 1t would be contrary to facts public
Judicial notce-that the democratic republican.
the Tammany Hall democracy. is the only organiza-
tion differing in faith and opinions State issues
from the republicans. The difference between those
who support Kelly and those who support Robinson
is such grows out of these facts. 1t is perfectly
apparent that whether tho inspectors who not
republicans are supporters of Kelly or Robinson.
they represent political faith and political
opinions different from those OF the ro-
publicans. The supporters of Kelly. however,
endeavor to reconcile their avowed political
faith aud opinions and party allegiance to their
makes them faction and not party. aud factious
differences in separate localities recognized
the Board of Police to appoint inspectors of election
the persons named qualified for such inspectors
by the organization commonly known as the Tam
many Hall democracy other persons belonging to
such organization and having the same political
faith and opinions. 1t is doubtful whether the Court
compel any action by the Commissioners before
the Of the given them by the statute
to wit the 1st of Ocober-within which to appoint
the inspectors OF election and poll clerks 1t
with accuracy be said that they have neglected
omitted to do their duty until after the time given
them by law for that purpose shall have expired.
should be denied.
After about an hours consultation the Court rem
dered decision as follows:-
The Court the in this case that
under its peculiar feels bound TO announce
this time without OsseapyIg any sims IN writing
10 the Court in It's thirteenth section has special relation
Il e pacp
of she State nh,, and in this city divided into
take into consideration those two parties without
either partially wholly be"nsss to either or %
in s dFsssrang these great
the other of these parties majority
lied to the Of election wSe
Of Commssionors Of Police. With that view. and. Of
that might at any be provides for tho pro-
q y 70 81
q Of wooa the act
the ss say
The &C. provides shs, ths Board Of
select four and shows the right
es o s
fore il declares .s d that ,so Of the -four
feront political faith and opinions from their
shall b entered solely BY such Commissioners
political minority zig II prsscrbes the qualities that all
the political minority OF
agree upon two inspectors in each district and the
whether those selected have the quail
Ssy as Of and Of NSw
Yors whether they are persons Of able
standngly qualified voters in the city and county and
tors and When these are sscertaned
to the satisfaction Of the Board thon the obligation
imperative and is the duty of the Board
Upon question the this substan
italy agreed but tho main and question here
minority party Tho ast assumes and acts the
and be able 70 do BY having possession Of power
does not adopt the Question in
jority inforsntiay upon the
by tho Board from the majority party.
THE MAJORITY PARTY
part from whJm tho selection NADER Was it in.
s ssf ss
sS ss as sS
the minority party s. n.: IA. s. broader scope aud
sioa. !. prsseriee: party cresai.sd upon upon
II SnSs % s shs
sa.,on known New York; and undoubtedly
p the t. Keep
s ss
gSrdsd as the great sps''ssi division known
that view will follow that when these commissonsrs
%S%Sr Of ~, the Board Of rosS to their
party located in the city to the residence men,
sw
to look upon tho and membership Of that
entire Now in this case does It not
snpposne selecting from the democratc
p they S Sk S : K a of the
cratic ticket by the State at larger If all the
that could be found who intended to vote
for him, there would be no party from which could
be selected inspector Il would follow IL tina,
srs could BE- found who vote the n:nss
to vote against him for their personal in that
o% MSh a 5" a and SSy s
they intended to vote for Governor could APP
THK DUTIES OF THE coMxrssroSxns
duty Of the Commissioners in making this selection is to
select frsm the democratic party Of this city
reject Tsmmany Hall and its followers any
they would sS. to jss. irving a
from All consideration because would tho
On ihe sc%s,5.ry the policy Of the law rsaSirrs
view its relations State issues general organ
aron and as whole aud sese, from Without
the body meu TO perform the duty Of
many Hail. its followers and supporters shall havu no
but n hs ws SdS Sr % s h office Of
cratic party, viewed AS state and not us county
Tammany Hall Or IrvnE Hal what not and Without
as SI up s% BY ,S
Board rSIss that :ssssou '"' msss S. '' fro% s%s
sns somane, '"sn %,S 'fadaF e
that for personal large body Of democrats DO
cline TO for Robinson Tor Governor body else
does not. in our Judgment, determine the question
whether not they any longer he con siderud
democrats and entitled to consideration ia tho appoint
meut OF inspectors the law requires tho Police
mi ssioners sdcrnton to
the whole body of the democratic party In this city
But while presenting these general considerations
which hopc will effect the action
OF the Board Obliged this
other grouads Ia the first place. is proper for
Court to that IL quite mistake suppose
failure OF the Board OF Ccmmssioncrs appoint these
chise the city of Now York In the course of tho
argument the presiding Justice mgdo remark to
tho effect that tho city would DO dsfran-
chsed This Boaro is an admin istrativo body
of officers, TO discharge certain functions undcr tho
law 1t is their duty TO perform these functions Tho
law has nxod tho time within which that duty should
cxccnsed II Is universal principle Of law that where
right of tho people the failure
tive officers to perform their duties within the
time shall mover defeat that right That IL to sayit will
bo impossible for this Board OF cfcat
tho right the franchise this city by their
failure TO do duty within the time law
1t would simply subject thcm TO a process TO
compel them to immediately make tho soec-
tion tho law, reauros aud Il would have tho
made bcforc because tho law will not tolerate the idea
failure OF duty the OF tho cxecutivs officer
dcfcut Therefore m he