New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-28
ILLEGAL DEMOCRATIC BALLOTS.
TIE YEw-HA MUNICIPAL GOVERNMENT LIKELY
TO BE REPUBLICAN.

THE NEW HAVEN MUNICIPAL GOVERNMENT LIKELY
TO BE REPUBLICAN.
Nrw-HAvEN. Conn. Dec 27.-Chief Justice Park
has decided that the black ballot, used by the
Democrats in the city election are illegal and void.
This decision gives the entire municipal govern
ment to the Republicans
Justice Park in submitting his decision, said the
question to be considered was referred TO in the
thlrty.frst section of the act passed in 1877 relat
ing to electors and elections requiring the printing
of all ballots on plain white paper. he
question was: Did that refer 10 city
elections as well as Others The only
other thing that might throw any light upon the
matter, was to be found in the tenth section of the
Revised Statutes. eighty-fourth page and that
seemed to make CITY elections common with others.
Justice Park referred TO sections 80 and IA and said
that in both city meetings were treated IN
common with electors meetings. So too, In Sec
tons AZ and IS. All these sections manifestly APP
ply as much TO city meetings as to electors or town
meetings. The entire act seemed to be de-
signed to secure as full and fair cleo
ton at city meeting as at any
other All these sections refer 20 ballots at city
elections the town meetings. Now Is 1t not
manifest that the baets spoken of in these sections
are the same precisely as the ballots spoken of in
the thirty-frst section, which shall be on PLAIN
white paper Very clearly they are the same bal
lots, and the law should be so construed. This
seems to be the conclusion of this question, that
the thirty section of the act applies to the city
as well as tho town State.
Is this act constitutional is the next ques-
ton. Ii is said that the Legislature can
not prescribe what ballots shall be cast,
and section . of article 9 Of the Constitution Is
quoted. There is no doubt that the article il con-
sttutiona Again II is SAID the ballots in question
are printed plain white paper. and that one side
Of the ballots was white, and that the printing OF
the name and Office the other side IN black
makes no difference. An examination will show
there was vastly more bla k than white on these
ballots. aud far more than needed. Why was
so much black put on these ballots when the stat
ute declares The ballo.s .ha be upon plain. white
paper with nothing but the name and Office on
thcml Il is marifc.t that the object was that the
Wa cheers at the polls might tell how votes were
cast That is right in the teeth Of the act. There
is no doubt that the ballots w~re clearly unlawful.
IL is sad these ballots. once received by the box
tender, must be counted. If the Legislature meant
this, it put IL IN the power of every
box-tendcr TO uuIfy the law to The fullest extent.
Ia" statute prescribe, how the ballot shall De, how
cast, how counted. etc. he trur construction OF
tie statute Is thai an unlawful ballot shall not be
received, aud II unlawful out OF the box ~ must be
unlawful in the box. The statute nowhere saws -
ballots and see whether they are law III or not The
voter l. under pains and penalties for casting UNI
lawful ballots, but nowhere Is q penalty mentioned
Tor he box-teuder who negler'S his duty.
can entertain no doubt said the Justice, IN con
clusion. that III" so-Call"d black ballots are VOID
ia the ballO!-boX rs well as elsewhere. thu the
demurrer must Ice oVerrued and application III tnIs
case held to Ice sufficient.
MIR RlydcnburR moved that certificate of cleo
tion be issued tO Charles Kimberly City Auditor.
Nj DoOlIttle filed an an sWer on bch If Of y. W.
Lake demanding tual by jury AMI maxim claim
that the ba lots cast tor Mr. Kimberly were not
printed on plan white paper rs the law provides
Justice Park said that To him II was clear that
tins was no case for a jury. He should therefore
Oyerrule the motion for jury trial
The case of Kimberly was then taken up. The
mOdcrdtOr> from the various wards testified regard
ing the presence of black bal os in the boxes. Al
$40 O'Clock they came INTO court by order OF Judge
Park, and the city ballot-boxes were brought IN
and the mOderaors testified that the seals had not
been tempered with Justice Park decided that
the boxes must be opened and their content, re-
counted. Owing to the lateness of the hour the
court was adjourned until January 4. Adolph
Asher. Hobart l.. HDtc kiss Eli Mix and Jonathan
mgersOll were appointed committee 10 count the
votes and they will submit the different kind of
ballots found ia the boxes, when Justice PARK VIII
decide upon their legality. The decision wtll Affect
john ". Lake, VINO was elected Auditor, ana James
l.. pigott. who "a elected City Clerk. Aftcrward
Arguments viii be made upon the question OF the
ward tickets iOr Aldermen and COunclmeu.