The New York herald., 1879-12-16
CONTESTED SEATS AT ALBANY.

CONTESTED SEATS AT ALBANY.
THE ALLEGED ssBULL-pozING' IN THE EIGHTH
SENATE pIsTRIcr-R. H. sTRAHAN TO TAKE
THE SEAT TO WHICH JOHN W. BROWNING
SAYS HE WAS ELEcrED-CITIzENs OF THE
DISTRICT LIKELY TO TAKE THE MATTER IN
HAND.
The near approach Of the time whom both
branches of the Legislature will assemble has drawn
the attention of politicians to the political COM
plexon of the New York city delegation. The Board
of County Canvassers have issued certificates to GER
tain men who claimed that they were entitled to
seats but the opponents of these persons. it is said
will think it worth while carry their to the
bar Of the Senate House. a. the case may be.
The most prominent of alleged repub-
lcan "bull-dozing" is to be found in the
Eighth Senatorial district. Here John w.
Browning the united democratic nominee for
Senator and Robert II. Strahan was the republican
candidate Mr.. Strahan not. 1t is said. popular
In the district. he had favored the reduction OF
the wages of remen policemen and school teachers.
and even in tho stronghold OF his party very
much behind Mr.. Browning. who. on the contrary.
popular. After the election nearly everybody
thought that Browning had been chosen. but five
tors. by which it made to appear that Strahan
was elected. Although it plain that the rotnrn
had been altered. the County Canvassers declared
Strahan entitled to his seat. The inspectors them
selves admitted. when examined. that the original
return had been tampered with. For the purpose
of asccrtaining what further steps would be taken
. reporter of the HERALD yesterday interviewed Mr.
Peter Mitchell. the legal adviser of the democratic
candidate. Mr.. Mitchell unqualihedly denounced
Mr. Strahan's attempt to secure place to which he
is not entitled.
II consider 1t very great outrage" said Mr..
Mitchell to tho reporter. "thas MIR. browning was
not declared elected. Mr.. Strahsn was not the
choice of the people Of the dstrct aud yet no has
attempted to foist himself on them It is notori-
GUS fact that the republican candidate not liked
even by some OF the reputable republicans. He
had done things Of which they did not approve. and
this accounts for Mr. Brownings large vote. He ran
away ahead Of his ticket"
pocroRING THE RETURNS.
aWhat are the grounds for your claim that Mr..
Browning was electedr
''They very many and weighty as we'll I will
take the of the Thirty third Election district Of
the Seventh Assembly district rst In that distrct
according to all returns made up after the election.
Mr. Browning received 142 votes, while Strahan got
but eighty-six votes. This fact was not disputed
until the Sunday after the election. when the Board
OF Inspectors say they held . meeting The way
they held this meeting was by tho two republicans
making visit to the two democrats and asking them
to sign return which they said WAS all right. Now.
the democrats green hands at the business and
willingly accepted the of their colleagues
aud signed the document. Between Tuesday night
and Sunday the return had been altered to give
Strahan 126 votes or forty more than that to which
he was entitled"
..But the inspectors said the change was just
oney"
could all Of them have been sent to jail The friends
Of Strahan preyed upon their fear OF going to prison
and they we're compelled to swear ~ they did,"
''Had the inspectors right to make up return
Ave days after election?"
''Tney had no more authority than had. and I
claim that their action clear violation of the
plainest provisions of the Election law. In this
pamphlet which hold in my hand there is . sec
ton OF the law which bears directly upon this mat
ter. It is numbered section ~. It says that ss
the poll Of election shall have been finally
closed the Inspectors of election. in their several
election DISTRICTS shall immediately and at the place
Of the poll, proceed to canvass the votes Such
postponed until it shall have been fully completed.
aud the several statements hereinafter required to
be made by the inspectors snaii have been msds ,
Strahan's inspectors 60 to work and adjourn tho
canvass before it was completedi They went home.
carrying the return in their pocket The document
was altered to suit Strahan. and the paper is pre-
sented to the democratic inspectors to sign. They
and through this gross pieco Of fraud the republi
candidate obtains U seat In the Senate to which
claim that the inspectors were bound under the law
which have quoted to complete their labors
election nights that anything done by them after
consequently they had no force to alter or change
the return in any manner, and that their functions
~ inspectors ceased in reference to making out re-
turns, they certified the night of election.
that John w. Browning had received . majority of
the votes in that district"
"Has that view ever been upheld by the courtsY'
''The question has never been raised. but all good
municipal lawyers will agree that the law is as has
haon sfaf afad vS0a al hat he
Board of County Canvassers acted not as body to
get at the truth. but e men who meant from the
first to seat Strahan. The republicans intended to
DO this from the beginning at whatever COST and BY
fraud they succeeded"
trictg'
'NIany Of them-so many as to astonish even tho
District Of the Seventh As
sembly district ballots cast for the Office of Sena
tor were not legally canyassed. the box containing
ing illegally and thrown out In this
district one ballot counted for strahan although
his scratched. In the Seventeenth Election
district Of the Seventh Assembly district no tally
sheets kept at the polls election day. and the
canvassers adjourned without completing the can
vass and reconvened on Sunday. the 9Th of Novem-
Der. and then illegally completed the canvass and
to Strahan in the Tnrty-iourth Election district Of
the Seventh Assembly district than the number to
which he was entitled. In the Eleventh Election dis
trict three ballots containing the name OF Robert H.
Strahan illegally and fraudulently deposited.
Ono of them was deposited by person who had
0lroAuy vOteu. ana Otner Two were utpOslteu Dy
unpardoned convcts. In this district also one
ballot upon which the name Of Robert II. Strahan
scratched out illegally and fraudulently
counted for the republican nominee"
coNvIcrs VOTE?
'sBut q convict cannot voter?
Certainly not. according to all law; but according
to Mr. Strshans supporters 1t depends altogether
circumstances whether he not. Section rs of
the Election law provides for just such
could go on here for an hour or moro giving many
other instances whore votes were illegally and
fraudulently taken from Mr. Browning and given to
Mr. Strahan. who. IL he takes his scat will not rep
resent tho district. Tho people did not want
him, but the republican party did. BY the illegal
change in the returns OF the Thirty-third
Election district of the Seventh Assembly district
Mr. Strshan elected. II 1t had not been for that
Mr. Drowning would have secured the seat to which
he is entitled. Even leaving ont this palpable
of fraud Mr. Strahan would have been defeated IL all
the votes tho other districts clearly intended for
his opponent had been given him. l,ut they were
not. and SO hc got his seat,