New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-11-06
NO VOTING BY PIECEMEAL.
ALL BALLOTS MUST BE CAST ToeErHEA
cIsIoN THAT WILL FACILITATE WORK
AT THE POLLS


novel question was raised and quickly dis
posed Of in the Supreme Court yesterday in regprl
to the right of citizens to deposit their ballots In
the general election to-day, part at one time and
part at another The matter was before Justice
Lawrence, in Chambers on an application made
on behalf of George s. Simpson for an injunction
to restrain James w. Brown, John N. Noonan.
Charles Crapsey and James Roscoe inspectors Of
election in the Eighth Election District Of the
lAth Assembly, District from permitting any
eecor in their district to deposit part of his vots
at one time and part at another
In an affidavit Simpson set forth that Brown.
Noonan and Crapsey had declared in his presencs
that they would permit voting by instalments IN
this way and that such course might result in
great injury to deponent and other electors in said
district and deprive them of their constitutional
right to VOTE as it would not be possible il that
course were pursued for every elector to vote"
Mr. Simpson, having begun a suit for permanent
Injunction, asked for q temporary Injunction
pendente lite The case was argued by Nelson
j. Waterbury, jr., for the plaintiff and Corporation
Counsel Beelxman for the defendant and the Judgs
speedily decided it, saying:
,o MY examination Of the provisions Of tn: consods.
ton Of voters and the holding of elections fn th4
city OF NewYork satisfies me that there is no warrant
than once at the polls for the purpose Of voting, and
that when he IS reached In his turn he must and
for all exercise his right of suffrage at that election
The Judge quotes sections 1856, 1882, l,ss3
and 1884 of the Consolidation Act, and says that
IN his opinion this conclusion necessarily follows
from their provisions. In regard to sections
1884, relating TO the duties of poll clerks the
Judge says
IL seems to me very clear that under this section
We eIector must determine at the time when he pro
sents himself 10 cast HIS ballots what ballots he wishes
TO have deposited In the boxes used at the election.
because this section requires the poll clerk TO then
make full and complete entry to the action Of the
eecor In respect 10 all officers to be voted for at that
election, whether he has voted for such officer nof
NO provision is made In the statute for alteration
OF polLbook by the poll clerks after they have
written In the check mark similar ~ tho letter "V,
has voted, and after they have written the word 6No,
In the column corresponding In 10 heading with tho
name and number OF the box In which no ballot shall
have been deposited by the elector.
The Judge finds on an examination Of statutes
and authorities that this view is correct and
grants the application for an Injunction.
The counsel for Mr.. Simpson had 1000 coude1
of the decision printed last evening, and copies
were sent to each polling place for the fnforms-
ton of the election officers.
The Police Commissioners upon receiving COPY
OF this opinion passed a resolution " that thd
superintendent of Police be directed to cause mid
decision TO be placed forthwith before the IN.
spectors of election in the several election districts
of the city for their information and guidance"