The New York herald., 1879-09-19
INSPECTORS OF ELECTION.

IMPORTANT OPINIONS FROM CORPORATION coUN-
Sell WHITNEY AND Ex-JUDGE EMoTT- THE
TAMMANY HALL DEMOCRACY TO BE IGNORED
Another bombshell fired into the political
camp yesterday by the opinions delivered to
duties of the Police Board in appointment of in
spectors of election. The opinions come from Cor
poration Counsel Whitney and ex-Judge James
Enott. Under the rulings here laid down it is ap-
parent that Tammany Hall will not be recognized in
the appointments, and that the list of inspectors
furnished by the Irving Hall party. known the
Democratic Organization of the City and County of
New York will alone be considered the demo-
cratic side.
The following are the opinions:-
LAW DEPARTMENT,
OFFICE THE COUNSEL TO THE CoRpoRArIoN,}
New YORK, Sept. 16, 1879. }
SETH G. HAwLEy, Chief Clerk OF the Board of
sTn~I have the honor to ackno Wedge the receipt
OF your communication of August %. transmitting
resolution of the Board OF Police adopted on that
day, asking whether or not the commissioners rep
rcsenting the polit:ral minority having named
tain persons inspectors OF elections and the
named having been referred to the Chief Of
| the Bureau of Elections for examination under the
resolution of the Board and he having reported the
result of such examination. and the said Commits
sioners Wheeler and French having again named
such persons aud requested their appointment,
whether it is not the duty OF this Board to appoint
them.
In order to make an intelligent answer to the
question have examined with considerable care the
events contemplated by the law in the appointment
of Inspectors o; Election.
The law was passed in 1872. just after the break
up OF the Ring and it adopts one of the agencies
for securing honest elections representation of the
two great political parties equally in registering the
voters and counting the votes.
The provisions or the act the subject of the ap-
pointment are as follows:-
SEC. l3"All inspectors of election and poll clerks
in the city and county of New York shall hereafter
be selected and appointed by the Board OF Police.
N Santa her
= in said city and county, TO select to
inspectors of election, four persons, two Of whom.
State issues, snail be of different political faith and
opinions from their associates. and those appointed
represent the party in political minority State
by such Commissioners. or such of the Commits
soners OF Police in said Board as are the represen
tatives OF such political minority"
QUESTIONS OF CONSTRUCTION INVOLVED.
The words already quoted are the only ones in
visions OF the act defining the subsequent
proceedings AS follows-
''SEc. 13The persons selected shall be notified
examined as to their qualifications"
With reference to the examination :-"Section 49,
Each and every person selected and notified by the
Board OF Police as to it's choice tor the Office OF in
spector of election poll clerk shall. receipt OF
notice thereof appear within ton days thereafter be-
fore the Chief OF the Bureau of Elections for the
purpose OF examination, and II found qualified
shall, unless excused by the Board. be bound to
serve, under penalty OF $100."
Going back to the thirteenth secton--for matters
subse luent to the cxainnation-w find :-"The per-
sons SO selected shall be notified examined as to
their qualifications. aud IL approved shall each take
and subscribe before the Chief of the Bureau OF
Elections. the chief clerk thereof. Within twenty
days from the date OF the notice OF appointment the
following oath OF Office.
'.whoever shall be nominated. appointed and
sworn into Office as an inspector OF election shall
receive a certificate Of appointment from the Board
OF Police, said certificate to be such form shall
be prescribed by said Board" &c.
1t appears. therefore. that the separate steps
these:--
jurisdictions by the Board.
Standardization thereof to the personsseected.
Third-Examination by the Chief OF the Bureau OF
Elections.
Fourts-n found qualified they shall take the oath
of o.hcc.
FyJlh-Last, they shall receive certificate Of ap-
The only question OF construction arises in the
performance of the act of selection.
RIGHTS REPUBIIcANs.
The plain intent of the act is that the supporters
of the two great contestng tickets shall each par
TO the republican inspectors, the law intends that
they shall be selected by the Board from among
those s.narncd" by the republican Com nssioners
find, by examining tho precedents OF former
years. that tho Board has recognized with reference
to the republican inspectors that action the Board
selecting or appointing them Is requisite.
The communication of the republican Commits
soncrs this year is to the effect that they name
tain persons tor appointment by the Board.
And from your letter asking whether these persons
having been named by the republican Cominis sion
crs IL is not the duty of tho Board appoint them
assume that question is raised but that the re-
publican inspectors, before they have any standing
for any purpose must be selected or appointed by
This is plainly required as appears from the many
times the idea is expressed in the act. Thus. "al in
spec:ors of elections q = shall hereafter DO
selected and appointed by the Board OF Police"
'.sEc. i3.--It shall be the duty OF the SAID Board
of Police TO select to servo as inspectors of
elections four persons"
''sEc i3-Each and overy person selected ana noti-
fed by the Board of Police its choice for the Office
OF inspector of elections"
''sEc. Is.--whoever shall be nominated, approved
and sworn into office inspector of election
shall receive u certificate of appointment from the
Board of Police"
SELECTION AND APPOINTMENT.
ls The power of selection or appointment Is recog-
nzod as another and different thing from the right
60 maine conferred upon the republican Commis-
sioners. Tho Language is:-"And those appointed
to represent" the minority party Ito be named
solely" by the Commissioners OF the minority. The
two things kept distinct throughout the act.
The act OF selection must evidently be by the
Board. which can only act by resolution In 80
doing Until that has been done subsequent
step in the order of proceedings can he taken.
The Board must select the republican inspectors