New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-11-27
DISCUSSING THE TROY CASES.
IS AN ELECTION INSPECTOR A MERE REGIS
TERING MACHINEP
THE APPEAL FROM JUDGE EDwARDs's DE-
CIsloN ARGUED BY GEORGE B,
WELLINGTON.


Albany Nov GO (speciaD-The election frauds IN
Troy by which the Republican State ticket lost 5000
votes and the Republican candidate for Senator was
swinded out Of his seat in the senate, were under
consideration to-day by the General Term of the SUI
preme Court. The judges holding the General Term
were Judge Learned Democrat, and Judge LandOn
and Judge Fish. Republicans. The case came before
these judges appeal from the decision OF Judge
Edwards Democrat TO the effect that the inspectors
Of election in Troy must sign the election returns Of
certain wards in that city although they knew that
there had been fraudulent voting and fraudulent
counting Of votes. The most notorious instance OF
this fraud the stealing of the baot-box I'm the
Sixth Ward of Troy and the abstraction Of ESQ ballots
bearing the Of James c. Rogers. the Republican
candidate for Senator; action which was followed
by the substitution Of the number Of votes for
Michael Collins the Democratic candidate for Senator.
In this case, also, although the fraud was apparent
the face OF the returns Judge Edwards ruled that
the inspectors must sign them.
John /. Gilbert, tho Republican candidate for Sec
rotary of State at the late election happened TO have
before the same court, and therefore listened
with personal interest TO the recital by George b.
wellington, of Troy the Republican counsel, OF the
frauds. Mr.. Welllngton's argument was listened TO
with much interest BY a large number of leading law
yers IN the Judge Edwards had decided that
the duties of inspectors much like those OF
registering machines as possible. They had no right
to decline TO receive the vote OF a Democratic re
peater personatlng absent a dead voter. II
he chose 10 swear in his vote they must receive IT,
Mr.. Wellington commended that the inspectors had the
right to reject the vote OF who they knew had
not registered. Mr. Wellington said:
Tho only real stsndfrg such has is By virtue Of
the fact registered II he has registered
his Of account. Many appeared the
polls Troy election day to who not regis
tered and not entitled vote at that election.
voters They challenged ana sworn. and their
not satisfactory. The ballots offered by
non.eD cred voters taken By the Democratic
nsecors against the protest OF the Republican inspect
ors and put. in By force into the bal.
lot boxes II board Of election inspectors may not dc.
eide whether proposed voter is registered who may de
cidel known not to be registered offers his
claims under oath that he is registered voter IL
is that he is swearing falsely He has already
voted twice different names and appears for
third time and assumes third name The board know
that the man y not registered. Does his taking the
final oath register himl II the inspectors may reject
ballot Of who. while giving his
name registered voter. although he takes all the
oaths in the statute may they reject the ballot OF
who is not registered although he falsely pesOnates
q voter II not then it this:
l. A not registered who does not commit the
crime Of falsely personang voter when he appears to
have his ballot rejected. The inspectors have
the right TO reject that ballot.
.. a not registered who does commit the
crime OF IIlsey peI~natnB NcteE NhcH nc appears I'd
have his ballot received And the inspectors.
although they know he commits the crime have right
reject the ballot. Can it Dc possible that such abb
surdity is the law
II the intent Of the Legislature to make the act in
some measure effective 10 prevent fraudulent voting
Therefore IL the intent OF the Legislature that the
Board Of Inspectors should decide whether proposed
registered. II my position is right then result
the inspectors simply understand that known notor
scoundrs who do reside In the city OF Troy shall
not be ted ad a elections
EX-Judge r. \. Parmenter, I'm behalf of the Demo-
Gratis, argued that the inspectors must receive every
ballot offered, If the voier took oath that he was
registered voter. The Court then took the briefs and
reserved It's decision