New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-11-03
POLLS MUST CLOSE AT FOUR
BALLOTS TO BE CAST BEFORE THAT HOUR
OR NOT AT ALL

r1oN-rHE LAW is EXPLICIT, ExACTING
AND CONSTITUTIONAL CANNOT BE
SET ASIDE FOR THE FEW VOTERS
WHO MAY SUFFER BY 1T.
Citizens who wish to vote In election districts where
the registration has becn unususi,s 'aino WV w
well to make their appearance at the poihhg piaccs
M an carly hour Justice Barrett, In the supreme
Court. Chambers yesterday decided that uhoer inc
starute the dcpostng Of votes must cease al cooA
on election day. and that those who 40 mol 'o'o
bcfure that hour cannot vote at an
The matter was before him on an order requiring
the INSPECTORS of the Thirty second Election District
=, A.. vyIIa Assembly District to show cause why
a mandamus should not issue requiring them 70
racs,va the votes OF all qualified voters who should
be I'm line at o'clock MIR. smith reaa inc an
nouncement of the inspectors that they mtchoeo
4, refuse ballots rendered after p. m There wcre
he said or registered voters In the district ana
10 many OF these must be denied the right 10 Vote
unless the court took some action. Tammany han
was represented by Joseph J. Marin, John g. H.
Myers Peter Mitchell Alexander THAN, Judge Alfred
steckler. Nelson j. Smith. Louis H. Waehner ana
Leicester Home Mr.. THAN also represented the IN
spectors and Colonel George Bliss had woro 10
say on his own behalf a citizen
He said he appeared In the interest OF the puohc
.pa that every citizen was or should DO, concerned
In having his rights protected The Legislature GER
talny intended to promote the right OF Suffrage anu
,o to deprive citizens of that right. III 'hcro va.
my restriction he asked that II be swept away ana
that the citizen should not be prohibited by naoequao
legislation from exercising his franchise without h'
lsta.on Any citizen might make application % nave
his right protected, and 1t was not required ua' no
should wait until the right refused him, for
I'm that case his application would be futile In 'ni
ease the inspectors had declared that they wouio
not receive votes after O'Clock The law was severe
in It's penalties, and the rights sno ouues VI dill
concerned should be determined
WANTING A REMEDY FOR THE EMERGENCY.
Then, said Justice Barrett, you admit that inc
law is constitutional but emergency has arisen
Won wish the court to provide a remedy The law
has provided that voting shall be from a. In %
a D H., and 1t is stringent. 1t becomes uncohsu
tufional at 4 O'Clock TO the gentlemen IN inner
Mr. Smith answered that If the provision was
such as to destroy right, II should be swept away
by the court. Joseph j. Marin contended that the
court had power 10 invent remedy, II necessary
The power of the court was as great as that OF inc
legislature and by the Constitution the courts were
made the Interpreters Of the legislative act lie In
sisted that by the term I" the polls was lntenoed
not alone the ballot boxes, but tho room and the
whole environment of the polling place Peter
Mitchell quoted the statutes claiming that all persons
duly registered were entitled to vote. II the statute
was at variance with the Constitution, the statute
pust give way. Alexander THAN, representing the
inspectors, said they anxious to receive IN
strctions the Colonel George Bliss next
arose and saying that in this proceeding he repre-
sened himself and spoke simply as citizen, ADDED :
81 hope Your Honor will not undertake, on THIS
pne-sided application, whore there is no defendant
TO declare this law unconstitutional" He denied
that thousands of electors would be deprived OF their
rights unless the mandamus was granted. In Only ONO
district were 900 persons registered anu III
only a few others did the number exceed 800 over
GOO votes had been received al polling place on
xtonQa nVQr
taken lie believed the inspectors were able to re-
ceive the vote in the district mentioned. At re-
cent test by the Police Department, four votes were
received In one minute. To an inquiry by LOUIS
H. Waehner, to what right the police had TO make
the test Colonel Bliss replied DO you question the
right of the police to assist in the election The law
requires the attendance of the police at the pols
COLONEL BLISS OPPOSES CHANGE.
Colonel Bliss insisted that the law regarding the
closing of the polls mandatory. 1t meant that
the receiving of votes should cease at O'clock and
then the counting OF the to:es cohtihued from that
time without cessation until completed When
Colonel Bliss sat down, Mr. Marin asked him to say
whether he favored or opposed the application.
There was no reply and Mr. Marin said There IS no
use asking; get nothing but silence 81 am not
afraid TO speak," said Colonel Bliss Il am Repub-
lcan and oppose this application" There was
some further discussion, and then Justice Barrett
said that in view of the Importance OF the matter,
he would decide II Immediately.
He had given the subject careful consideration, and
had consulted with the other judges Of the Court.
The entire Court he'd examined the law. He agreed
with the counsel that the Constitution gave citizens
the right TO vote but that at the time that right
could not be expected except through the instru-
mentality OF the Legislature. There was 10 pro
vision in the Constitution which made 1t self
executing On the contrary, 1t expressly provided
that the Legislature should enact general laws 20
govern elections There was suggestion that the
Legislature had rot done this fairly The law fog
Years had worked WE'LL and no fault had been found
with 1t. The application for maldanlus could not
be granted. The Legislature alons had the power ia
grant the relief asked for. II the Legislature had
done its work nadequatcy, or had not done 1t all, the
citizen had lost his right to vote.
THE TEXT OF THE DECISION.
The Judge said:
The Constitution give to every qualified citizen
right 70 That right cannot be practically enjoyed
excert by the fundamentally OF legislation the Cons
tuition not being selfexecung Express power is given
to he Legislature frame election laws The present
law complained OF inadequate is not objected to as
revolutionary For years has worked well and 1t Is not
unconstitutional 1t may be inadequate, but that we
should attempt 10 would be to usurp legislative
functions The Legislature is responsible for It's short
comings Some people be deprived OF their nght OF
suffrage by their action but we cannot interfere me
election laws the polls shall close az oioeh Luis
rule is mandatory one.
These rules are framed not only for the
honest receiving ballots but for an honest count as
well. Closing the polls closing the polling OF
votes The polling place itself cannot be meant be-
cause rule expressly declares that Immediately at the
close OF the polls No" shall be written opposite the
name Of every person who has not voted The Con-
additional question is very serious and grave one
n we declare these rules unconstitutional We cannot
judges. replace them by others Our views cannot
override those OF the Legislature. The law must be
enforced as prescribed by the Legislature which dis
tlnctly declares that votes shall be received after
( O'Clock
United States Marshal Mcmahon has appointed hun
areds Of special election deputy marshals from among
4 large number Democrats who volunteered TO serve
without pay There will be two Democratic election
in each section district under pay and numerous
special marshals been appointed aides in Con-
gress and Assembly Districts Marshal Mcmahon Will
have his headquarters on election day the NewYork