New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-10-10
LOCAL POLITICS.
TRYING TO HINDER Mr.. DAVENPORT.

TRYING TO HINDER Mr.. DAVENPORT.
EFFORTS TO Terribly THE CHIFF SUPERVISOR or
ELECTIONS FROM DOING his DUTY-wAs1ED
ATTEMPTS OF MIR. NEUTRALITY-SUSPICIOUS. TO
UNITED STATES OFFICERS.
L. Ellery Anderson appeared before Judges
Blotchford and Choate sitting lii the United States
Circuit Court yesterday morning, and presented the
petition of John Walsh asking that warrant of
arrest might be issued against William Hit. jr.,
Federal Supervisor of Elections who had prevented
him from registering After Mr.. Anderson had
made MS motion, Judge Blatcbford said:
II Is stared and assumed that this application is in
tended ~ bring questions in relation 70 SUPERVISORS
Election acting under Instructions OF the Chsi super
visor We are of opinion that Tins complaint does not
authorize the issue OF any warrant; IL appe.ts ,ag
are that lac resided in the state Of New-York fol more
than one before 1868 and In the United
me ,pre rem Curt Of he State Of NewYorE pre-
scented himself October at the propcr place Of reg
alton and asked TO be rrgisteredihst Is TO say ne
asked tho State Inspector to register Bm.
lie placed his certificate IN the hands
OF the Inspectors. Hit was en~aecd IN tho d.
charge of mis- duties. One Of the INSPECTORS after exam
ming lie certificate, banded It 10 hia H. further ap-
pear. hat Hit told the complainant mat nc could not
vote certificate and refused to return II aiier
demand And IS alleged that IN consequence OF HITS
action he could not gis,er or vote mus ACTON APP
pears 10 have been telling the compGlHant tpat lie
cou I'd not register aud retaining the certificate.
II appears that the inspector examined the
certificate, and that upon what be saw ana
ter There Is nothing in this which consti-
tutes an offence that makes Hit guilty OF min
drrlue Walsh from registering. From the affidavit II
docs not appcaT that t had ANYTHING whaeVer TO 40
with his registering. His expression OF opinion Is no
ostructio.. The Inspector to have lie used 10
register him, ad his remedy Is by manqaInus IN Inc
State Courts So far as retaining the cerhGale OF nag
IL was OF the Inspector IN refusing 10 fcglser
after examining the cerlncale when prevented Ihe
as not therefore, the cause of hs falling To- register
The facts this do bring the question OF the
Vtfrf fnf "A ID
the there lis no case SHOWN for the Issuing OF
warrant
Mr.. Anderson suggested that the combined act Of
the Inspector and Supervisor IN taking from Walsh
lis certificate and thereby making 1t necessary for
him to apply TO the State Court for mandamus in
order to enforce his right of registration, was
clearly a hindering and obstruction. The Court re-
Piled that the act originated with the Inspector
who was a state officer, and over whom the Court
did not deem it proper to assume its jurisdiction.
Mr.. Anderson next asked if the Court would
entertain complaint against Mr. Davenport based
on the same grounds as above. but the Court init
mated that it would not. Mr.. Anderson then moved,
on his own application, for order to be made re-
turnable forthwith, to be served on Mr. Davenport,
calling on him TO show cause why he should not be
removed. or be required to modify the instructions
issued by him. Judge B!atchford replied:
The Chef Supervisor of Election Is an III ,er of lie
=,
pendent functions. He therefore not subj set to the
administrative jurisdiction of he Court any more thI
Co lectOr OF Customs would be. He holds hs ONCE so
ong as faithful and capable. Tne Court can re-
MIN # not faithful or capaoe or perhaps Tor oner
cII-cs. We cannot assume IN advance 10 takt cogul-
zance OF any instructions which h may have issued
Tie Court WILL however, cOhsIier any appllcduOn
which counsel VIII lay before II Ia regard TO the matter
Later in the day Mr.. Anderson appeared in Cham
hers before Judge Blatchford, and asked for an or
der directed to Mr.. Davenport 10 show cause why
he should not be removed from office. The appli-
cation was based upon the petition OF John Walsh.
THIS sets forth shat Mr.. Davenport had Issued GER
tain instructions 10 the supervisors wnlch are not
within the powers conferred by law either upon the
SupervIsOrs the Chief Supervisor lac order Tor
the seizure 81 certificates OF natural Ztuon when
uuon examination snail appear to have been iln-
properly Issued IL particularly mentioned III the
petition as beng without the law
The motion was granted. and was made return
able Monday at IL o'clock.
limited States Marshal Payn yesterday issued the
following crculdr To the Chef Deputy MarshaIs OF
the Assembly Districts OF the CITY:
TRANSMIT herewith instructions issued for your guild
ance AMI Tor the guidance OF the Special peputl's III
y0ur Charge. Your special attention Is cal ed to TIE
second Paragraph after that numbered " rs" which
9er depu les OF your district. also desire 20 call your
attention to section 5522 OF the Revised stat Jt"s or me
uuled states which provides the exemption Ui yours
and the deputies under Your charge lrom ifeSt "he
engaged the duties lmpOsei upon You am llcln ny
law on days Of registration aud election by any Of
rer or aut norItv whatever excepting alone tue author
NV OF an officer Court OF the United Satcs)i ana II
prrsous attempting the Oh engaged therein should
e arr, stcd 10y ana brought before judicial officer
OF lie United states.
Accommodating this note was the usual circular of
instructions issued at all National elections. The
paragraph IN the general instructions, 10 which
reference ~ made III the note, reads thus:
The Marshal and his general deputies and such
special he may authorize under his hand and
seal may, when resisted IN making an arrest or III le
slanders assist, and they must do So or are thel-
selves liable 10 arrest