, 1880-07-25
TIE M'GlATu-STAUBER CASE,

A~AA'7AcA Uy any OLlltl lu4ulIy cfCE 'lllSti
tuted III any country. ....>>:>. ID.
; :. TEE M'GnATu-sTAUBER CASE. e..
AID. D.: J. McGrnth, Of. the Fourteenth
Ward, has been wrongfu1ly kept out of hi.
seat for three or four months, which sent i:
occupied by Stauber, the defeated Com
'nunist., The law points involved in the case
were submitted to Corporation Counsel
Adams, who, after careful examination o1
the matter, gave IN official opinion that the
Council could not 20 back of the returns,
but must canvass them and declare the re-
suit, and seat the candidate that the re-
/ turns on their face showed was elected; then
/ IT the other candidate was dissatisfied with
/ the result it was his right and privilege to
contest the election in the manner provided
by law ..: 49,, 49,.
Why has not that body followed this ad-
vice OF the Corporation Counsel? It unques-
tionably states the law correctly. The Com
nittee on Elections have made report
which declares that McGrath had received q
majority of the votes cast. That he is prtrno
fdcte entitled to his seat there can be no
question. The matter is III very curious
shape. Nineteen members voted last No1l-
day night that 1lcGrath was elected, and
fourteen voted In the negative; that Is, nine
| teen voted that McGrath had received $50
| ana Staubcr 50 votes in the Seventh Precinct
OF the Fourteenth Ward. according to the re-
turns before the Council, which elected him;
and then on the direct motion declaring Nc
Gsath elected Alderman two or three Alder
men changed: their votes to the negative, and
defeated his admission. And Stnuber, by
the Mayors scandalous and demaeoe-
fcal ruling, was permitted to vote in his
own behalf on every question. The blathcr-
sixties and whisky-crooks, Lawler and Hill
drcth, were allowed to run the Council and
furnish law for its government. The votes
Of Aid. Ballard, Clark, Hubert, and
Grannis are surprise to their friends and
constituents. Are they enalnored of the
Mayors unpa1llamentary and demagogica1
ruling Do they place: more reliance in the
Hypothetical dissection" Of brassy whisky
crook and the gabble of a Communistle
blac kmailer than in the opinion Of the Cor
poration Counsel and tho legal argument OF |
lawyer of the ability Of Aid. Shorey? |
There Is no getting around the fact that !
McGrath was elected according to the re-
turns Of the election, and is therefore entitled
to take his seat. and hold 1t for two years,
or until some contestant shall show to the
satisfaction Of a Court that he and not
McGrath received q majority Of the
legal votes cast we take it for granted that
Messrs. Ballard, Clark, Grannfs, and Hulbert
know that every Alderman in the Chamber
took his seat on a canvass Of the returns
made by the judges of the election precincts,
and that in no case did the Council break
open the sealed ballots and po11-books, re-
count the ballots, send for persons and
papers, swear witnesses and compel voters
TO tell for whom they voted and prove thoir
legal right to vote at such election. We
assume that those four Aldermen are; aware
That only civil court Of competent juris-
dictton can go behind the records OF a city
election in this way and reverse the. returns
II the election officers; Then why do they
not vote to put the case In such shape that
'tauber can ask the Court to go behind
he returns? One or the other OF the
wo claimants was elected. Was it Stau-
'er? The returns do not show it Those
our Aldermen will hardly vote that the re-
urns pTinn fucie elect 6tauber, and, it the I
eturns do not show him elected. he has no 7
BUSINESS to be holding a seat in the Council.
Lis pres ence there is fraud on the body and c
n tha public.'s AS the case stands before the :
'ouncil McGrath Is entitled to the sent, be- I
ause the returns Of the inspectors OF :;
lection show him to: have received ma u
'r1ty Of all the votes cast: After he has 4
aken his seat, let Stauber, If he can, proceed v
l legal way to show that he and not Nc IL
rath received majority of the legal votes Il
a hnf at 1.oi T. L |
as no claim to a seat in the Council. u 20 II