New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-11-19
THEY MUST SIGN THE RETURNS.
SUCH Is THE ORDER OF THE COURT TO
THE REPUBLICAN INSPECTORS.
JUDGE EDWARDS GIVES HIS DECISION IN THE
TROY ELECTION CASE WHAT ARE
TIE DUTIES OF INSPECTORSl
-(ar TrnreRArH mol 1HR rnIrrvr.I

| oar TnhseRArH TO TUE TRrBuNr.'
| Troy, N. " Nov. 1s.-Judge Edwards. OF the gu
| prone Court to-day handed down decision IN III
case Of the Republican election inspectors wh) REUSED
to sign the election returns in six or ssvcn warns Vi
this c.ty-they asserting that hundreds Of voies ha
been pollod by Democratic rcpeatcrs against their
| protest, but with the consent Of the Democratic
| election inspectors. Judge Edwards holds that me
Republican inspectors must Sign the returns a' '"o
Democratic election inspectors have already done
| The Republican inpcctors Will OF course now sign
the returns, but this will not end tho matter - iai
as the Republicans are concerned. y Republican ''"
| senate happens to have been elected this iail' -
will have tho authority decide upon the qualifications
of its own members; and 1t may be anihon'a'NoS
announced now that the seat of Michael l. toii'"s'
Democrat, who will receive tho certificate oil ee'
as senator from Troy VIII be contested on the grouHu
! that he was not elected and that the man VINO was
chosen by the voters OF the district, General James y
Rogers the Republican candidate has been deirauucd
of his seat.
| Nor will the Republicans Of Troy walt uniil JAM"
| airy before exposing in the courts the frahd b" "'
Sixth Ward of Troy, where the Democratic Inspectors
only granted twenty-five votes 10 General Rogers d"
though granting 300 votes TO all the other kepuO'
candidates. concluding their work by giving 3oO moro
votes to Michael f. Collins than were received pN NV
other Democratic candidates. In this case the oe'"'
ballot box was stolen and another one substituted lo
| IT,.
va,ds has consented 10 hear 1t tomorrow.
The decision of Judge Edwards VIII attract inc a.
tenton of lawyers all the state. Belo" i a.
extract from his decision. Speaking OF the ac"o" VI
the Republican inspectors, Judge Edwards says
.They do not deny that the whole number oil 'o'o,
contained in each box. at the cloN' ~
the polls and tho votes found therein for cach oS""
date were correctly counted nor that the election r.
turns which they refuse to sign, correctly S'0
! sucb counts They base their refusal to ',s"
solely on frauds alleged to have been commi''0u W
fore the polls closed and the canvaSsnS began M
| NJ these were votes east by Poi'
t,Iselv rpre,ent.ng themselves to be resis'eIcu
voters and by rcpeatcrs. II Is ,,
charged that In many Instances persons chai',
! ~ whom the oath was administered did not sN'
asfactor answers to the Aciendan;s aud the rcid'i
! persised against the protests 0i the ueie""a'''' L.
| Duttlna such votes into the balotDoA' FOE -"
purpose of this motion these allegations OF ira'' ''
| he deemed true But. however much We may y"
More and condemn their existence. do they ao'o''
the inspectors from the duty cnIoned by sta'"" ~
make and sign the returns! The questions pie''"'o'
| an this motion are purely LEGAL Courts must az
ply the law as they lind II. and not As 'hcy "o'''
make 1t for . particular emergency.
II i conceded that the solution of the problem Dr.
fore us depends entirely upon the question "nc"',i
the acts of Inspectors are judicial OF me-
ministerial Have they power 10 pass iudiclal upo"
the validity of any of the votes contained IN Inc wv
or are their duties restricted the merely ministerial
octs Of madnc the count OF such votes and co'rc'
statement thereof? II they act judcially, inc WI" W
mandanus will not lie if Enthusiastically, the Writ shou'
Issue TO compel them to the duty enion,d by I'D.
statute. This supposlrlon is unds putcd. We iooA
in vain in the statute, for any authority TO inc III
spectors judcially 10 determine the legality Oh any
| Of the votes contained in the balot-boXeS
Judge Edwards was also firmly Of the opinion "s'
a repeater could swear in a vote lie says
ant the main contention of the learned conheel io
tbe defendaufs arises Of the claim, on the part
90 tho defeudan that the votes Of persons challenged
"a ev,orn were nut into the boxes by The REALTORS
! ana Tho nrotest of the defendants. TIE he
fcndants' aiidavits allcge thal Iefo VINO dl nu
rcsJe within the election district falsely pelsnnahl
ooi eered Voters were CHALLENGED and sworn, their
answers were unsatisfactory aeiendahts refused 10
receive their votes, but me rIauis Pnot ,'t' ~
,ta the boxes. II Is cOntenCcd that ach NucS' az
hou-h mi into the boxes not received Nv Inc
board OF Inspectors that the acts OF thr n'atore'
against the viii of tn defendants, WeLe nor 20, T.
| of a majority Of the Board. ana wore 'i''iclpu
nucotorN that the votes although IN thf DIN. WrF'
nof lorsIlv received. On This they base cam Iha'
the returns are Incorrect. in tia; theie Wei' nor re-
reason that the alleged fraudulent vote Wcr mol III
iay received think IN objection OF tn tr'dau'
h unavailable. II IA simply another form ul N'au'
mont that some Of the votes In The box wore Ho'
lcra ly there and the Inspector, a. canvass. Wce
,,6icsut- =, DEF ,rnine that Question. II they art
fninisteriay only their drticS are restricted 10 'ou
irg the vote. and they have MOI rover 10 ~
Nl1icially the validity or inNal"lV "i any vi
George l.. Wellington The Republican counsel; ~
once appicd for an order directed 10 the boar" "I
show cause why pcrcmptory wit Of maGlfh'i,o
ebonld nat issue restraining them from capNassns me
return Of the sixth Warl Judge EdWarls mae 'no
order returnablc tomorrow morning at 10 O'CLOCK