The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1884-11-20
THE sRAPE IT NAY TARR.

THE SHAPE TT MAY TAKE.
The following from the Cincinnati
Commercial 4szette so clearly sum q
narizes the legal questions that may {
possibly arse in connection with the I
count Of the votes in New York, ans
answers, so far as they can be answered,
30 many inquiries that have been heard,
that it is presented to our readers as the
best statement we have seen Of the shape
which further Developments may lead
the New York question TO assume:
There appears to be defect in the
election laws In New York in respect to
the preservation OF the ballots. The
New York laws do not REQUIRE their
preservation after the result has been
ascertained and certified to by the judges
of the election. In other respects the |
law Is quite similar to ours in Ohio. |
The returns are opened on q stated day |
Tuesday at each county seat and can |
Yassed by the board of supervisors, which
is a county board similar to our county
commissioners This board has before
them only the returns from the several
election districts Of the county.
The board is made up, as understand
VI UCLQOCI6 ClcClcA ON 81
that il Is altogether likely that both
parties are represented in it, what
ever may be the political majority
of the county. The recanVass or
recounting of the ballots themselves Is
out of the question, unless by chance
or forethouRht they may have been pre-
served, ana then there Is 3 question al
ways whether or not they may have been
tempered with. The board Of supervis-
Ors are, it seems. limited to ascertaIning
the true vote, as shown on the face of
returns. and this they can do by seeing
If the tallies are accurately carried out
and the fOOtings are correct.
There Is no express provision of the
law allowing the board tn exclude any
return for any informality or fraud or
J intimidation, as was the case in 1876 in
some of the southern states. Yet it is
possible that efforts will be made to eX-
clude returns which are effectively an.
thenticated, and this may carry the case
} into the courts. Gases of this kind are
} not unlikely to arise in all parts of New
York, prosecuted by both parties. and
rulings obtained from local Judges, nc
two OF whom will rule alike.
, These local courts, called the supreme
court, will be appealed TO, and the result
may be that from more than one county
: of New York there Will be two sets o
returns, one from each party, one claim
? ing 10 be correct in fact and the other L
c be correct in law.
Then comes the question, in case thu
judges of election have made defective
q authorization, how far, If at all, thu
s omission may now be corrected by tn,
c judges before the county canvassers arr
q bound to ascertain and certify results.
On November 10, when all the countie
9 have reported to Albany, the state board
T a majority OF whom are Democrats, car
r vass the county returns. AS to thOe
~ counties In which there Is but one re
turn, or against which there is no pro
Q test, the work will be simple, but ther
will he fun when the protested county
returns appear, and when duplicate re
turns are presented, In case that be tn
form which the disputes may take
% Sooner or later the case may come be
5 fore the court of appeals. the hughes
If court OF New York, and there the col
n troverted questions will have to be sci
tied, so far as New York is concerned
and a rule be ascertained for the guIC
II ance of the state board.
D, You may hear of applications to coul
ID to exclude this return, to revisL that on
a or to compel the canvassers to accept al
NJ other, and SO the fight will go on,
he there be any ground tor dispute at al
l. in q way quite similar to the mod
w adopted in Florida in 1876.
- Certainly it would be desirable
u have all returns so complete as to avoi
IS all these complications. In that ever
W the work would be complete and sati
al factory.
In the event, however, that the sta
e board renders decision that is not a
W. cepted as correct and satisfactory by q
he parties, what then?
~ There may be two sets of electors f
New York, representing each party, lu
as in Florida, and two electoral college
er one voting for Cleveland and the 9th
IA for Blaine.
On Later in the day, IN February, we m,
VS. haYe q contest in Washington, with tV
OF returns from New York, and then wi
IN, is to do the "countIng?" This is n
10 clear, and was a great question In 1877
be Both houses assemble, and the preside
OIL of the senate is TO open 4
returns, when they shall be counted
,ty Is the vice president to count? Are I
q houses TO count? Then, if the sens
and house disagree as to which retu
ms from New York shall be accepted, he
Oh is the question to be decided? Or, q
all the members of the two houses to vC
de. as members of a joint body?
"a Then comes up the question, how
the DECLARATION OF STATE unoor ltS oN
me laws and under Its own machinery sh
nj be regarded. Is 1t final? Are the pr
era identlal electors officers of the state or
the nation? How far should the acti
inc of the state in determining who were I
lon electors for president be consider
on final? Here we enter upon the wi
n a field OF a much explored but unsett
question of state rights, state sovereign
Vol and national rights and national SOY
les eIgnty in matters pertaining to a natIt
at al office.
en-. Let US hope that the election may
determined on the face of the retur
'ur and an inspection and correction OF CT
ger lcaal errors SO as to avoid the uncertain
suspense and bad blood which will CO
ost from prolonged contest over technl
0s of states rights.