New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-11-09
MIST1KES IN THE POLLING-ROOM.

MISTAKES IN THE POLLING-ROOM
Those who are charged with SUMMING mp
the results in the various localities, and certl-
fving To the election of successful candidates,
are very liable to the error OF supp0sing that
transeIessions Of law in the polling-room war
rant throwing out votes. This is seldom true.
Yet PARTISAN canvasscrs have often brought
themselves under deserved rcbuke for rcad-
ness TO reject the return OF district upon
slight departures from strict routine. The
course OF decisions, especially during recent
years. displays a wholesome and honest effort
to asce tain and enforce the will OF the vOt-
ers. Harmless irregularities in management at
the polls are freely overlooked Although
PLAIN directions of law have been disrcgardcd,
OF evident blundcrs made, yet, if there has
been honesty of purpose, the district is not to
lose it, vote for such reasons.
There are many and notable instances on
record in which the courts have dIsregardcd
deviations from rule, and have said that they
did not warrant returning officers in rejecting
the result. An election In Alton, ILL.,, was APP
pointed to be held at FOX's store But when,
on election day, the officers came there with
the ballot-boXes, Mr.. Fox declared that he
had changed his mind, and would not allow
his store to be used for that purpose at any
price The officers repaired to barLcr-shop
not far distant, which they could hire. and re-
ceivcd the votes there. The Court SAID this
was night It was the best they could do; every
voter had been allowed an opportunity to
vote, which was the essential thing. In a
noted New-YorlI case the law required In
spCctors of Election to be sworn before enter
ing on their duties. These inspectors took
their oath on n copy of Watts's Psalms and
HYMNS. by mistake for Bible. Hence it was
objected that they were not lawful Inspectors;
therefore there was no valid election. No one
charged, however, that they intended to eyade
the oath, or performed their duties less slrlctly
because they had not been fully sworn; there
was n mere mistake Of one book for another.
And the Court said that the mistake should
not deprive the people Of the district Of their
vote. Even if the Inspectors had neglected 10
take oath at all, they, not the voters were
the ones to be punished. And kissing the
wrong book by mistake, if they intended to
kiss the right one, did not impair their oath.
There have been several instances of If
regularity in closing the polls too early or
keeping them open too late. In an Illinois
case the law directed that the polls should be
kept open until O'Clock in the evening, but
the Judges of Election closed them mt about
7. In another case In the same State they
took without leave in the statute an hours
recess at noon, during which 40 votes were
received. In a hcw-YOrk case the law said
"closc mt sundOWn"; and when sundown
came, the Inspectors shut the outside door 30
that no more voters should enter the voting
room, but continued receiving votes until all
who hid entered before sundown had had IN
opportunity. In cases Of this sort courts have
generally said they would disregard an il
regularity or mistake as to time unless the
0hjrctors should show, besides the variation,
the fact that it caused reception of unlawful
votes or exclusion OF lawful ones. If an
"cally closing movement" does not cut
off voters whose ballots would change
the result, it Ought not to vitiate
This is not cari 20 extremes.
In one case the Inspectors were directed to
open the polls early in the morning, but did
not d. 20 TIL midday, so tat the voters had
only a haf day instead of whole day and
in another, where the law called for three
hours. they kept open only about three-quar-
ters of an hour. SO dong, the Court said, was
not giving II fair chance. and could not be !
called an election.
For IA candidate 10 treat the crowd at the /
polls might well be deemed il serious objec- |
ton; yet in a Kansas case, where one who |
was running for sheriff did this, the Court |
said that as he furnished liquor to supporters !
and opponents impariay. did not offer it as
Il bride to induce persons to vote for him. the
election should not be Set aside. Thus there |
il ample support for the honest, common
sense view that returning officers must seek |
sincerely to give effect to the honest vote.
Those who cndeavor to do this are likely to
be sustained those who evade or refuse may
fare badly.