The sun. [volume] (New York [N.Y.]) 1833-1916, 1884-11-09
The Final Decision ms to the Presi-
Dental Vote.

The election Is over. and the great question
which now interests the people is whose
decision as to the Presidential vote OF New
York must be final.
Tho general election law of this State,
passed by the Legislature in 1912 and still in
force, requires the county Board of Canvass
ers in each county to meet mt the Office OF Tho
County Clerk on the Tuesday next following
tho election. The county Board is composed
OF the Supervisors of towns or wards. In
this city the Board Of Aldermen forms the
Board of County Clnvasscrs. A majority
constitutes quorum.
The County Clerk acts rs Secretary and
after the constitutional oath has been adj
ministered, the original statements of the
canvass in each district are produced, and
from them the Board proceeds TO ascertain
the votes Of the county. The Board makes a
separate statement of the votes for electors
Of President and Vicc-Presilcnt, and this
statement contains tho whole number Of
votes given in each town and district
the names of the candidates, and the number
OF votes given to each. This statement is
certified as correct by the Chairman and See
rotary OF the ward ono copy Is recorded by
the County Clerk and duly certified copy
Is transmitted BY special me- scngcr 10 the
Secretary of State at Albany.
II any merely clerical mistake be apparent
In any statement Of the inspectors produced
before the Board OF County Canvasscrs. the
latter have the power to return the statement
for correction to the town or ward inspectors
and canvassers, who shall assemble forth
with and make such correction rs the facts
OF the case require.
The Secretary OF State files tho certified
statements OF the Boards of County Canvass
ers, and calls q meeting of tho Board of
State CanvasSers. This Board Is composed
OF the Secretary of State, tho Comptrollor,
the State Engineer, tho Attorney General,
and the Treasurer, and it Is required to meet
on the Wednesday next after the third
Monday OF November which would fall
this year on tho 10Th inst-or soon
or. This State Board, taxing the ccy-
titled copies of tho statements OF the
county canvassers, proceeds to canvass tho
votes given for electors OF President and
Vice-President. 1t then makes statement
OF all the votes and determines and certiiles
the persons elected. The Secretary OF State
must without delay cause copy of the
certified determination Of the Board Of State
persons therein declared to be elected
But while the county Board can only COM
pei inspectors to correct errors merely
clerical, an act of the Legislature
expressly confers upon the Supreme
Court, whenever it shall appear by
affidavit that errors have occurred in the
determination OF the Board OF County Cam
vassers, the power TO require the Board to
correct such errors; and II the Board has
dissolved 1t can be forced to convene anew.
The corrected statement made under the
order Of tho Court stands in lieu OF tho origi-
nal statement, and must be treated in all
places as Of tho same effect.
1t follows, therefore, that while the State
canvassers cannot be directly controlled by
the courts, any error Of the county canvass
ers can. on satisfactory proof, DO corrected
by order OF tho Supreme Court. The accu-
racy OF return would therefore, in cases of
doubt, be tested before any Justice of tho
Supreme Court sitting in the district where
1t is believed the error has occurred.
AS recently as 1874. the Court Of Appeals
held that while the certificate Of the proper
officers Is prima Jdcie evidence Of election to
public Office, yet the certificate and the
Eeturns upon wh.-A i. Is based ere open TO