New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-21
EXPOSING A DINGEROUS CRIME.
THE NATURE OF THE FRAUDS IN OHIO.
THE DISSENTING OPINION OF JUDGE JOHNSON IN
TIE SUPREME COURT.

THE DISSENTING OPINION OF JUDGE JOHNSON IN
THE SUPREME COURT.
CoLUMBUs Dec. 20 (SpecidO.- The dissent
ing opinion of Judge Johnson has been made pnOhc'
following graphs those of special interest,"
The case Of the State ex rel Hoadly VS.. Dalton
should in view of its importance and the limited time
make the canvass have been 1rst heard disagreed
with the majority in requiring the defendant IN this case
to go trial in short time and in advance OF tue
Governors case to compel Dalton to send up abstract
No. so the might he made In time. do not
wish say this subject except to say that this
action was without any apparent upon the
record.
The question propose to consider is whether the
court could control the board In its action where by in
specton of the face the returns they appeared not to
he legal duly authenticated or whore on their
face fraud and forgery apparent to the ordinary
mind imbued with the desire to do right 1t would seem
that there could be but one answer TO this question: Ou
1t is asserted with unusual vgor and zeal that, II these
returns come the clerk under seal nom one OF the
judges of the election. must be though 1t is
evident from "a bare inspection OF then at they
false forged ana fraudulent they must 10 canvasscd
and court is poverless to prevent It, though the
board knows thoy stained with crime. and although
it is fraud upon every honest voter This IA
monstrous doctrine. 1t subvers the dearest rights Of
the citizen by destroying all the power Of an honest
vote 1t permits the clerk, TO whom IS given the selec-
tion OF the justices assist him in making the canvass.
to exercise absolute control This board may be
actuaed by partisan desire TO IN friends.
Yet We are told that the only remedy is by contest.
"In political organizations where II the contest Is
cossful it would change the complexion Of the body. 1t
has seldom II ever been that such contest has been
successful, when The control OF the body 10 thereby
changed II IL fundamental principle that every ci-
every public officer, however high lis grade Is
amenable TO Judicial control II was but lew years
that the Governor Of this great state arrested
bS the sheriff Of adjoining county and compelled To
stand at the bar Of court and plead as common Grim
ina. He did not claim, could claim exemption
obedience 10 the mandates OF the court. Les than
five years ago this court Issued ls alternative writ oi
mandamus against the Governor OF ohio and the ScCre
Ing them TO make the canvass for certain Gfce In
particular way, or show cause why pcrempory man
damus should not issue Neither the Governor OF the
state nor the Secretary OF state nor the AuorpeyGen
eral, represented them In court presumed To claim
this court because they were members or canVisslng
board. State rel. Campbell vs.. Foster ~ OhO 81
59gl Ii been reserved for these modern times 10
establish ruie OF law that there Is one man IN amil
County who Is above ali law and all control, who
count IN, or can count out at his imperial Will and
grant certificates OF election ana tho courts are power
less to direct him.
There is 10 remedy law for candidate who 10 de-
prived Of his certificate OF election HIS night 10 TINS
certificate he be legally elected Ia clear. contest l.
to Try c to the office. Maniamus IS the remedy to
determine the ute 10 thc ceuhcaIc- Inc cor H''l'
makes a prma face II i- To be given to that
ddatc shown be elected by canvass OF the legal re-
In my regret at tnis decision is deeper than
DC expressed IN words. II is an apparent not
frauds Of the most arOciOus character
that II continued will ultimately sap and destroy
our representative system Of government IL is no com
fort that contest 10y the senate OF ONO iuTushrH
adequate remedy, especially since by counting thcse
frauds the party benefited thereby gets tue control OF
the body whchis to SIT IN Judgment on the contest They
their certificates by means OF fraud and dfreorcs
This entities them become members OF the contestng
body. This entities them 10 SIT ana to vote IN their own
cases. the OF each other. and IT would be mir
aco If they or those who affiliate with them pohicay
should surrender control OF the Senate by Ousng them
selves however strong the case may be for tie contest
ants. such thing I. nnheard Of In contest by po
tca body. when successful contest would surrender
the control Of that body 10 IT'S political OPponenlA'