New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-05-19
ELECTION LAWS SUSTAINED.
THE EXPENSES INCURRED TO PREVENT
FRAUD IN NETWORK TO BE PAID.
RULING BY FIRST CONTROLLER MATTHBws Al
10 THE oERTTFICATIoN OF JOHN I.
DAvBNPoRT's ACCOUNT.
rBY TELEGRAPH TO THE TEIBUSk-i

Az ObhIlbuCAIdON OF JOhN -
DAvENPoRT's ACCOUNT.
rBY TELEGRAPH TO THE TRIBUNAL
Washington Nay 1s.-It perfectly natural that
Mugw1imp "pais' of Democratic election thieves
should reoioe when the Attorney General Garland
and the late Controller Durham soon after the incom-
ing Of tho reform Administration Of Grover CleVe
land rendered decisions which designed to cripple
the officers Of tho United States who charged with
executing the election laws, and tended 10 encourage
repeating, ballotbox sefnng and every manner OF
fraud and violence against tho elective franchise IL
I. not TOO much 10 say that Southern Democratic bull
dozers derived encouragement for their acts OF
vilany IN the last Presidential election from the
Mugwunp newspapers Of the North and the Demo-
cratic decisions in Washington than from all other
sources Tho rulings OF Garland and Durham cowed
some OF the supervisors OF election perhaps, and to
that extent not to still greater extent, weakened
the execution Of the law in Eew-iorh City super
visor Davenport declined 10 be buldoned or hwaTeo'
and although his accounts OF 1886 were dsanoWea lh
part he with tho full sympathy and approval OF the
United States circuit Judge, faithfully performed hS
duties IN 1885, He knew that justice would evenol
ally be DONE his faith has boen rewarded In dect
SION to-day, @in tha matter OF the account OF
John l. Davenport chiet supervisor OF elections New
York City, for extraordinary expenses Incurred IN
executing the laws Of the United STATES ~ inc
election in 1882 Controller Matthews reviews hs
QUESTIONS involved in the case, including one anet
Ing the Jurisdiction Of tho First Controller ana says
Section s4e Of the Revised Statutes, as amended, pro
vdeS that where The minis teral officers OF the uhted
states have or shall, incur extraordinary expenses
n Das sneGtsey provided sr the President of the
United States IS authorized TO allow The pay men.
Circuit Court Of the district in which the said ser;
oes have been or shall Ss hae' ss eSuesse pot OF
from the appropriation for oeHAyns TIC eAPoHSoS VI
Certainly account presented BY Nr :, 3aysn I"r
since Il Is for ex trsordinary expenses lhcurrcu .!
ministerial officer q the United states Isl in essGE,Ins
provided for" thus fulfilling all The oondln9Is ana Sha
under Od sag o spSSa tn1sop' the
cnN Court for the soutlen District of New York and
ns IN, os the SiFGS' upon
Inn by law His action OF 80 allowing ne account
S s% no. uR Sresu%lns to msfare With dscie0n
oven and exercised. Courts should De JEALOUS OF tne
iOrsdSu0n n sS ts. Spe officer Of the
should avoid unwaTanted Ineer1oTtsse WIN INC Au1
and n OF 1nG oSsu@o mu 9th the
jurisdic ton OF the otheS The iaw gives he S1torS
70 the rSs not 70 S% af by
power which the legislative branch OF our Govetn ;
ment has not conferred upon me- Out s'N'"H
"" Tho account as presented to me is approved by
s eSrropssea& for mSrtisnooi Expenses OF the
United States courts. The language OF That SPpro-
toroeT Ds Of tie laws Of the United States and
%
Of the Revised STATUES the elective Franchise or
any acts smendstory thereof or supplemer. tary
tAsroto specifically the expenses stAsd
under the following sPproprts dons, namely
For payment Of such miscellaneous eI po1Sss as may
and collecting evidence where the United states is Or
NAV be a party In interest, and moving OF records,
OOO07 lAct % October 2, 1855, 20 stat, PIP o4'
548J ,.,,.
shat the exraordinAry expenses Incurred BY the chief
supervisor Of elections are embraced by NE Language
OF the above appropriation acL and ercfore mus be
paid thersirom. . .
In oonciusIon l VIII add here that 10 H. came
the items OF this account | could sce good groInd
for so doing The execution N the election laws j.
OF paramount importance 10 the whole PeoPle-Nha
might seem on exorbitsot expenditure for securing
would seem small Vhsn applied to tho city Of New
YORK ne people should be secured IN the exeAsc
Of tho elective franchise ard they possess the ngh,
10 have that prviesa pro.ected In order SAt each legal
tha. te effect OF nat vote shall not DO destroyed or
neusaised BY the deposit ara counting OF fraudulent
or Illegal vote THIS IL right claimed and con.
ceded By all ADD guaranteed BY ,.i lay
laws tn question were enacted and should be enfoc ed
IN every city and county In the land II is the duty
Of the PRECEDENT required By the Consultation, TO take
care that these laws faithfully executed. even
only seem groat, bpt BE- extraordinary, The ac;
count m question Is for g. ISL 2s Judge Wallace Of
the circuit Court for the southern District OF New
York, who presides In Now York. reviewed. the &C:
that the services han been rendered and that the
charges were reasonable and just. On such find.
ing duly certified the account was presented To the
President who allowed II under express authority Of
law and transmitted Il 70 this office for ceIilhcenon
It is therefore directed that the account be certified
ar0ofSftnpl