The daily gazette., 1880-10-12
Prom the N. Y. Herald. to-day,
The Castigat.on OF supervisor
Davenport. ~

curfepce of Judge Choate, has ad-
ministered very wholesome and
very much needed rebuke to Mr..
Chief Supervisor Davenport. The
obnoxious clause OF Mr.. Dayen-
ports instructions,to his subordinate
federal supervisors of election, di-
recting them to seize the naturaliza-
ton certificates Of certain applicants
for registration is st;gmatized from
the bench as "unwarranted," as "to-
tally unauthorized" aud as "likely
to lead to a breach of the peace. p
Of course this peremptsry opinion
involves the immediate revocation
of the clause by the offending officer
at the peril of having his official
neck wrung by the Court if he re-
fuses or delays. The city is saved
from the horror and disgrace of the
rioting which was impending at
every polling place at which Mr..
Davenport should attempt to enforce
his mandate TO morrow.
For brushing aside Mr.. Dsyenport's
petition for delay and for SO prompt and
positive Interference in behalf Of public
order the community owes gratitude 10
tbs judiciary. But there will be natur-
al aud pardonable curiosity why Judge
Blatchford did not wiring MIR. Daven-
ports official neck on the spot-why lie
tolerates in the longer possession of bil
important place the rash partisan brag-
CART who has brought the city so close
to the verge Of bloody violence-why
the issuing and insolent maintenance To
the present day Of a "totally uuauthos
lied" order 'likely to lead to breach
of the peace" was not deemed sufficient
evidence of unfaithiulness and incapa-
city TO eject the offender from Office
forth with. The reason for the clemency
will be found in Mr.. Davenport's all
swer, in which he alleged under oath
that in the year 1874, "for abundant
Caution" before issuing the illegal and
III polite instruction., he submitted IL 10
the late Judge Woodruff, and that mag
istrate approved Of the correctness and
legality thereof" For the purposes OF
the hearing the Court was compelled to
accept this sworn allegation as true, and
therefore an instantaneous election Of
Mr.. Davenport would have involved the
influence of au ugly train upon Lht
tombstone of one of Judge Blstchford's
own predecessors upon the bench
Under the circumstances" the Court
with tender consideration for Judg,
, Woodrufi7s integrity at The expense o
his intelligence, considered that II
"would not be authorized" to pronounce
Judgment of Immediate custer.
Inasmuch as so damaging an impu
tation of ''back- stairs" collision be
, tween an eminent member of the Judi
, ciary and Mr.. Supervisor Davenport
. rests for the present solely upon til,
unsupported cath OF the latest we for.
bear to comment upon, for we hop
, that is not true. No circuit judg
can with propriety act as consultin,
counsel of supervisor of elections il
! tho framing of his orders, and we ar,
: The slower to believe that Judge Wood
ruff really did SO, as he is in his gray,
y and cannot be heard in contradiction
n of Mr.. Davenport's reproaoh upon hi
. memory.
a We wish that we could believe tina
d the singing rebuke which Mr.. Daver
IS port has received would convert hir
, into truly faithful officer-which b
- is not, although the Court upon til
= present occasion has been deferred b
his ingenious defence of himself b,
"a hind tombstone from saying So
Something Of great value, however
III has been achieved in even temporaril
Id curbing his arrogance and in deliver
G. ing the city from the serious fear {
IL rioting and bloodshed tomorrow.
The public will observe that Il
&c counsel of Mr.. Davenport at yeste
days hearing was Mr.. Edwin v
ne Stoughton, who made no reservatio
ht in his professional Endorsement of h
er clients "unwarranted" and total
of unauthorized" order, not even settir
up that it was a clerical error.