The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-11-13
men is now on the calendar Of the Court of Appeal.

Hall and objected to the progress Of the
until legal opinion defining the powers of the
Board had been received. The return about to be
canvassed did not contain ballots upon which
properly written partly their face and partly
the sheets, the number of votes east in accordance
with law After the statute bearing upon the point
at issue was read Supervisor Haughton said:--"I
move that we take recess until one O'Clock. in
order that we may procure an opinion from the
Corporation Counsel relative to our duties AZ ca n
vassers.'
Supervisor RoBKRrs-I don't what we want to
ask the opinion OF anybody for. Judge Davis yes
terday rendered an opinion upon these subjects,
which we can procure.
the Board of Canvassers should be indicted II they
do not canvass the vote according to law.
After some further wrangling Supervisors Hyatt
upon Corporation Counsel Whitney and obtain his
They were also directed to
then ordered until one o'clock.
MR.. wHITNEY's ADVICE.
The Board did Dot reasonable until after one
o'clock. another fifteen minutes recess being taken
The chamber was again packed with an interested
crowd. Supervisor Sauer then presented the opin-
ION of Corporation Counsel Whitney, as follows:-
In reply beg leave transmit copy taken from the
Daily Reg<, Of this date Of the charge Of Mr. Justice
to of
violation Of the Election law Of 1877 You viii perceive
to annex their Certificate ballot Of the kind
sais a @ n. law of & It S
s s the the p. 81 the Of ns Jury tina. there
to violate the law. further understand from
objected to on the ground that they do not com
bear tho written indsIssmsat rssosni.sa win
consider fhs duty Of Your Boss acting as
eudsd in their return may properly affixed and in
Ana duly srss ~ Ss% the o
men new ballots not aow their returns but only to
The charge Of Judge Davis to the jury in the trial
of the convicted election inspector was also read.
"We cannot go ahead without those returns being
corrected" sad Supervisor Sauer "We must send
for the inspectors. Under this opinion we have no
right go on. understand it. unless such steps
are taken.
Supervisor Roberts commended that they could not
go and CANVASS the returns unless the law was
Complied with in every respect. Their duty
plain They should carefully examine the returns.
and whenever they found they were not certified to
should reject them BY consulting the returns In
the County Clerk 3 Office aud those in the hands OF
tho Supervisors they could decide to mere clerical
Ii the whole election were void on account
the Police Commissioners who loisted on the people
an iliterate and corrupt set of inspectors.
''BoUND TO PRoCEED.
Supervisor SAUEh-We bound by law to pro-
coed with the 1t not in our power to say
that will throw out this or that VOTE In cases
Of error having been committed it is plainly our
duty send for the and have these errors
corrected
Supervisor STRACK-I find that some of the bal
lots the First election district of the First AS
sembly district are not written across their face;
but, Notwithstanding that fact, think We should
proceed. Where the inspectors have failed to per-
form their duty in this respect the remedy lies IN
sending for them.
Supervisor BURNs-What do you want to do
make them perjure themselves?
Supervisor STnAcK-The inspectors can make cor
rections where disputes arise as to the figures.
Supervisor ROBERTs-Ihe omissions OF the in
spectors amount to Illegal act The Board should
canvass legal votes and no other. They could not
Supervisor HAUaHroN-The Board has no power to
throw out any vote or votes. That question has
been decided several times.
An extract was here from a decision of Judge
Gilbert, i'll the Supreme Court in the case OF Fets,
which says:-
The County Board Of Canvassers orxcd to
initiate inquiries 10 the authenticity of the
their face and determine the result thsrefrom Or
regular their face return them to the inspectors for
correction
Supervisor SrRAcK-The inspectors in charge Of
the ballots should oe summoned II any errors or
irrcg uarties were discovered.
supervisor RoBERTs-Why should we send the
returns back to be doctored3 Itwould certainly be
far better to have new election than to trust the
fate of the people in the hands OF such men.
| supervisor SrRAcK speaking from beside the
Chairman)-We are ready to 20 ON now.
supervisor RoBERTs (excitedly)-I know you are.
Let say right here that il men were counted into
Office in past years it cannot be done now. know
in the election i'll which base practices
were resorted to that would sink some parties in
| the deepest ntamy. Candidates were butchered by
pirates who secretly preyed upon them and robbed
them Of their votes.
supervisor stlack again insisted that tho count
should proceed.
motion then made by Supervisor Roberts
that be taken until ten O'Clock this morn
ing and that committee OF three be appointed to
procure further advice from judicial authorities
Supervisor Morris offered u substitute for the
adjournment resolution. which was rejected and
Mr.. Roberts adopted. Supervisors Haughton. Rob-
erts and Jacobus were then appointed a committee
on legal advice and the Board adjourned until
twelve o'clock to day.
UNAVOIDABLE COMMENTS.
Friends Of opposing candidates watched the prog
OF affairs IN the Board with intense interest,
and said the decision In the han case
could afford reasonable ground for delay.
of the Board OF Caevassers who were not RESPONSE.
BILE for the condition in which the returns came to
their hands. In other words. they could not go
behind the returns" and delay only pretext
for vilany. The contents or the corridors" made
no attempt to bride their tongues. What could be
expected Of them, ii an Alderman In the Board OF
Canvasscrs could openly insnuate that the County
Clerk had "doctored' the returns. ~ happened
ton not to proceed with the count un-
til sample tickets had been pasted on every
return also came IN Tor .ound aoa'e. a ~
the opportunities tor counting OUT, which anti
Tamniany insisted was the game OF her opponents.
beyond the scruples OF Kelly men and the repub-
lcans. and even those were found who predicted the
seating Oft Brown, the republican candidate for
sheriff. and Gumbleton. whom Taminany failed at
the ballot box to make the County Clerk
NEGLIGENT POLL CLERKS.
The last election furnished unusual proof OF the
stupidity OF many poll clerks The term stupidity
is used out of courtesy in some quarters; in
According to the Election laws there three sets
of poll books two of taes and four of inspectors
returns to be made out by the poll clerks and In
spoctors. The latter only responsible for their
own returns which required to be sent to the
County Clerk OF the poll books. one set should go
to tine County Clerk to the Board of Supervisors
aud one to the Bureau or Elections. one of the
tally lists should to the Bureau of Elections and
tho other to the Mayors office. This system Is SUP
posed to be pretty sure prevention OF fraud.
aud might be IL 1t were properly executed.
That 1t has not been properly executed in the last
election may be judged from the tact that the poll
books aud tally lists have not all been delivered yet
though the law requires such delivery to be made
within twenty four hours after the canvass is COM
pleted. At the County Clerks Office the HERALD re-
porter was yesterday informed that the poll books
from the Twentieth Election district Of the Sixth
Assembly district and the Eighth Election district
OF the Twentieth Assembly district were not yet re-
ceived.
The failure OF the poll clerks to furnish tho
Mayors Office with tally lists has occasioned great
deal of trouble. On the sth inst. q letter was adj