Omaha daily bee., 1884-11-10
a STRUGGLE FOR lHE STATES
The Election Laws of New Sork-How
the Result viii BE Determined.

INC hlcCllOn hlNSOl Now fk-EO
the Result viii he Determined.
1t now acoms probable that there will
be a legal struggle over tho determination
of tho vote of this state
Tne a,elcction laws in New York are
elaborate and explicit. The votes for
electors are deposited in scperato boxes;
as soon as the poll is cloaed the inspectors
Of election proceed TO canvass tho votes;
at the conclusion of tho canvass a state.
ment of tho result is made and duly Ger.
tilted by the inspectors, a true
copy of which is deposited
in tho office of tho clerk of the town or
city the original statement is delivered
by the inspectors or one of them to the
supervisor of the ward or town within
twenty-four hours after the same shall
have been subscribed; if there Is no SUI.
pervisor, or he shall be disabled from
acting, then to one of the assessors of
the ward or town in which the election is
held, the supervisors or assessors to
whom the original statements of the can
vass of the votes shall have been deliv-
cred, or the county board of canvassers.
The country ca,vassing boards meet
next Tuesday. They take the returns
and proceed to make up the county re-
port. The law provides hat in case il
appears SO the canvsssers there have been
emissions In the township and ward re
turns they shall cause the returns to be
sent by one of their number to the town
inspectors or %canvassers who sent it,
calling them together to make such cor.
rections "as the facts of the cage require. "
But such town or ward Inspectors or can
vassers shall not at such meeting change
or alter any decision blfore made by
them, but shall only cause their canvass
to be correctly stated"
From the county boards the returns
are sent by messengers to the secretary
of state and pass into the hands of tho
state canvassing board. This body con-
sists of the secretary of state, the state
engineer, the comptroller, the attorney
general and tho state treasurer, three of
whom are sufficient to form tho board,
which meets at Albany on the Wednesday
after the third Monday of November, or
sooner If all the certified copies of the
statements of the county canvassers shall
have been received. The secretary of
state 10 a republican, the other four be-
ing democrats. Their duty is simply to
determine, by q computation in addition,
the number of votes cast for each candi.
date for ~elector, and to declare which OF
them has the greatest number of votes.
The law says: "They shall make and sub
scribe on the proper statement n certifi-
cate of such determination, and shall
deliver the same to the secretary of
state"
The law further provides that if any
one of the board dissent from the decis-
ion of the majority he may write out his
protest and file IL with the secretary OF
state.
The duty of the secretary of state to
canvasslng board is thus explicitly stated
In the statute:
The secretary of state shall, without
delay, cause a copy, under the seal of his
office, of the certified determination of
the board of state canvassers to be deliv-
cred tc each of the pers ms therein de-
clared to be elected.
In case errors or frauds are claimed in
the county canvasses the law provides
that the supreme court court of appeals)
may, upon information by affidavit, re-
quire tho county board to correct such
errors or show cause why such correction
should not be made, and in the event of
the failure Of said board to make such
correction, or show cause, the court may
compel the board by writ of mandsmus
TO correct such errors; and if ouch board
of county canvassers shall have made its
| Intarn,innts, aud liau,I,o uNoh nrnrf
may compel it to for the pur-
pose of making such corrections.
The court does not appear to have
any authority over the state %canvassing
board delegated to it by the statute. Ii
after the state ~canyassing board issues
certificates to presidential electors their
decision should be questioned, it is a
matter of doubt whether the court of
appeals could compel them to withhold
or change the certificates. The duty OF
the secretary of state ia 30 clearly stated
that any failure on his part to deliver
the certificates according to the direction
of the majority Of the board would be q
palpable mslfeasance. Ii a correction is
made by a county board on order
of the court the corrected retu rms must
stand as the true returns. These correc.
tons must, apparently, be made before
the state board assemblies, as this body's
duties are merely clerical, with nc
judicial power. 1t is the theory of the
law that all needed corrections must be
made by local boards. From the cor
rected returns the state board makes the
f~ootings and delivers certificates of cleo,
ton to the persons having the greatest
number of votes.
The court of appeals in New York IL
composed of four democrats and three
republicans.