New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-10-17

have held that an application for n mandarin
made after the canvassers had finally al
journed was too late to be useful. For" Sc
they said in effect, eff the Court should
tissue the writ, and the same per-
sons who were canvassers should con-
"vene again, willing to obey. they
"would have no power; they would not be
"the Board of Canvassers-that was dissolved
and extinguished by the final adjournment
"but simply Brown, Jones and Robinson, with
"no more power than the passengers in street
car, to canvass votes" The new law cures this
defect in explicit terms.
| In the realm of judicial decisions there has
been, within even two years. a marked adj
vance. Very noteworthy is the review, by the
| Supreme Court of Maine, of the famous count
by GarcelOn & Co. last winter. Many Of the
ques lions involved were by no means rare or
local, but such rs may arise anywhere and
| often. The "OpiniOns of the Justices" ex-
pound plainly and emphatically, with great
variety of application and illustration, the
principles that in the canvass of an election
the real will of the electors is to be sought,
and must not be defeated by formal irregu-
larities that Canvassing Board should be
|
them in the manner directed by law, and
should never seek objections or defects for
the purpose of defeating the will of the cleo
tors as manifested by the returns themselves,
reading them in practical, untechnical, SEN
sible way and that an erroneous canvass and
an award of certificate of election contrary tOthe
returns thus read does not confer title, but the
title is founded on the election. not on the can
vassers decision. Some ess-knOwn decisions
are interesting. In an election in Coles County,
ILL.,, in 1876, man voted whom the doctors
called can IDIOT" and the defeated candidate
objected that his vote was received. But 1T
was proved that he was good hand at Ordi-
nary work. got the same pay as other farm
hands, knew money and its value, took good
care of il, was accustomed to do his own
trading, and could read and talk like other
men and the Supreme Court said that he
was entitled to vote feeblcneSs of mind, or
even Authorizations not extending TO political
questions, do not incapacitate a man who is
able to manage his affairs. In the same case
it appeared that sick man was brought in
carriage to the window of the building where
the ballOting was, and he reached out his
ballot from the carriage toward one of the
inspectors, who reached his hand out from the
window but as the two hands did not meet
by yard or two, bystandcr passed the pa
per from the voter to the judge. The de-
feated candidate objected to this vote but
the Court said that rs 1t was all the time Ill
the voters sight until the inspector grasped
it, there was nothing amiss. In Nevada
two lawyers who were practising i'll partner
ship agreed that one should run for District
Attorney and that if he were elected, the
two should share the work and the pay. He
was elected but the other had to sue for his
share of the fees. The Judges said that all
such contracts were void and should not be
enforced. So they said in Pennsylvania, where
there were two candidates of the same party
in competition for the same office, and they
agreed that one should withdraw and the
other should reimburse him for his expenses.
So they have said where a candidate has
offered to accept less than the legal salary.
decision OF greater Importance and
broader application is the one sustaining
United States supervision of State elections.
The efficiency of the laws of Congress for
supervision of elections of Congressman has
not been doubted but theiI consttutOnaity
was for long time earnestly contested.
The Supreme Court at Washington last winter
empha.ically sustained them. Ii holds that
Congress has power TO prescribe such regula
tions as it thinks necessary, partial or COM
plete over elections for congressman, and
may authorize the deputy marshals to keep
the peace at such elections, even by forcible
measures if necessary, and may punish,
in the criminal courts, violation of its
laws. With respect TO the administration Of
these laws Federal Judge in Virginia has
said that the United States deputy marshal
has 10 right to be i'll the room where the
balOting proceeds contrary TO The orders Of
the inspectors, if the election is proceeding
peacefully and fairly; bn if there is dis
turbance or fraud, threatened or attempted, or
the supervisor stands in need OF protection
from violence, then the law authorizes the |
deputy marshal to act.
The foregoing are only the more notable |
points in what has been marked and strong |
progress toward more efficient and purer
system of election law