The New York herald., 1879-12-02
HOSKINS OR POTTERY
A Doubt as to Who Has Been Elected
Lieutenant Governor.
DEMOCRATS AROUSED.
The Republicans Charged with FaIsiyine
the Returns.

the Returns.
Although weeks have passed since the election
1t is not yet legally determined who is to be the
next Lieutenant Governor. For few days after
election it thought that Garrison n. Potter had
been chosen. but it afterward declared that the
republican nominee. Mr.. Hoskins. had been elected
by very small majority. Ever since the democrats
have boldly proclaimed that Mr. Potter's defeat was
compassed by corrupt means, and in support OF
this assertion ask why it took long to have all the
returns from republican counties fled The bolder
members OF the party said that these returns were
kept back in order that they might be altered in
such manner to Offset any democratic majorities
that nigh. be given in other parts the State Even
after all the returns had been in it was found
that according to them Mr.. Hoskins was only about
eighty votes anead OF Mr.. Potter The smallness Of
the majority served to make the democrats douSly
sure that some "chicanery'' had been prac-
tised. and accordingly it resolved to
have each return closely examined before the
formal result of the election declared
by the State Board of Canvsssers An investigation.
it is said satisfied those who made it that many ile-
gal acts perpetrated by election officers in diff
ferent parts of the State. 1t discovered that in
some counties ballots had been which. through
a typographical or other error. were made to read
&c. n. Potter instead of "Clarkson N. Potter" All
such ballots, together with those having similar de-
fects. were returned by the canvassers of some Of
the counties in which they cast ''defec-
tive" scattering" The facts detailed above
leaked out yesterday and created great excitement
among politicians.
WHAT POTTER SAYS
Mr.. Potter found last night by HERALD re-
porter at his residence. No. 16 Gramercy Park
1.-The result of the election has not yet been de
clared by the State Board Of Canvassers. has itY"
asked the reporter.
Mo- was the reply. "the Board Of State Can.
has not met yet Tue law requires that they
should meet by or before the 10Th of this month. I
believe the usual time for this meeting has been
about the 18th OF December"
"Have you heard what Mr.. Hoskins' apparent
majority is on the face Of the returnsy'
NO. have not. have taken special action to
ascertain. only know what has appeared in the
newspapers Of what have been otherwise
ally informed. have heard Mr.. Hoskins majority
from the county returns stated variousy being
from sixteen to two hundred and forty"
"What are the powers. in your opinion, possessed
by the State Board of Canvassers IN regard to de-
fective or scattering ballotsy
II do not think it would be becoming in me
to express any opinion to the legal powers Of the
Board
'sWhat action can be taken to compel the cam
vassers to count ballots of that chsracterY'
II must ask to be excused from answering that
question. do not think it would be proper for me
to express any opinion on the subject"
OPINION OF NELSON WATERBURY,.
Mr.. Nelson j. Waterbury. who also seen by
him. The reporter explained the object of his visit
and asked Mr.. Waterbury if he had heard of the
II believe that IL what is stated is true was the
reply, ''Mr. Potter will be declared Lieutenant Gov
ernor. The Board of State Canvassers must. as
understand the law, give heed the evident inten-
ton of the voters. If man casts ballot bearing
the name of G. NJ Potter it is but fair to presume
that he intended to vote for Carkson NJ Potter the
democratic nominee and the only gentleman OF that
name who is q candidate for the office Of Lieutenant
Governor"
Can the canvassers legally tak0 the intention of
the voters into consideration?
II believe they can; zee nothing in the saw that
is to prevent them from doing So"
"Has such action ever been taken before3"
Eyes, in many At the official canvass OF the
votes cast in this city made by the Board of County
Canvassers such question was raised. large
bore the of Augustus Schoonmaker' instead
OF Augustus Schoonmaker, Jr.' which is the real
name of that gentleman; and yet all the votes
counted for Mr.. Schoonmaker. Notwithstanding the
technical omission of portion Of the name. Mem
to credit all the ballots to Mr. Schoonmaker whether
they had tho 'Jr.' on or not. That regard as
precedent upon which any ACTION by the State Board
"Do you think tho State canvassers will give all
alleged irregular detective scattering votes to Mr.
Potter?'
~ have no doubt that they will. 1 cannot see
what else they do without practically disfran-
is provision Of law whatever that would prevent
the Board from counting ~ votes for Mr.. Potter
which, in the opinion OF its members. were intended
to be cast him. Tha. is, in my judgment, a fair
Interpretation of the law aud constr1ction which
canvassers when they meet"
The republicans professed to treat the apparent
danger Of their losing the Lieutenant Governorshp
with great nonchalance but there nevertheless.
an evident air OF uneasiness about them. All de-
clined to be interviewed the subject. although
they had no hesitation in saying that tho alleged
contemplated action OF the State Doard of Canvassers
entirely illegal. The Board could not go behind
the returns in any manner. according to these gem
tlemen. Whatever redress might be obtained by MI.
Potter would have to be got through the courts
A IN POINT.
Whatever action the State Board of Canvasscrs may
take, however in the matter 1t is admitted that Mr.
for such action ai Is repored
in Eighth Revised Statutes and is known in the
legal PROFESSION as the COOK ease; Mr. BENJAMIN
didates for the State Treasurcrship. Mr. Cook
given the certificate of election by the official
vassers. Notwithstanding the fact that it
was shown that tho Supervisors Of
tam district had returned as scattering"
instead of for benjamin Welch. Jr" The latter
gentleman Immediately sued out writ Of quo war
Appeals. Mr.. Cook held the Office for about one
year when his title to IL was declared illegal and Mr.
Welch was seated by decision of the Court. This
has always been Considered a test case, although
IL Is alleged that il tho ballots, which had been
returned by the supervisors as ''ssattering had
would have had the power to count them for
Mr.. welch. BY doing this they would
consideration and have saved Mr. WEIGH the trouble
Of going to law. In the Of Mr. Potter there APP
bearing the name &c. NJ. Potter or those with
some other technical defect have been returned
with the official report to the state Board of Cam
vassers. IL they have been it is claimed that there
will be trouble experienced In seating Mr. Potter.
whilo IL the ballots have not been laid before tho
Board 1t s conceded that IL will be difcult do
sKxAroR JACOBS VIEWS
Senator John G. Jacobs. of Kings county. was met
by the HERALD reporter in the afternoon and
askcd:-"Have you heard. Senator of any district
county in the state where any considerable number
OF detective ballots for Mr. Potter has been cast?'
''No. But can tell you this. Last Thursday
member OF the state Board-I don't caro- to mention
who the gentleman is--told me that before the
turns completed 1t was understood that on the
face OF them Mr.. Hoskns' majority only eighty
four, and that there good many votes re-
turned AS scattering. The main question really Is
whether prcponderance OF these votes put down AZ
scattering defective not. and whether the ma
jorty Of them will eventually be counted for Potter