New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-07-28

Of provisions existing laws except those
presy repealed, those ranesy Inconsistent with 10
provisions.
The act Of 1872 Section cited provides for tho
ton OF two Inspectors aud the appointment OF from
The two persons ia such election district who shall the
highest number OF votes, next &c tho two inspectors
elected.
And Section B. above cited provides fer the appointment
OF two clerks OF the poll" be appointed by the
elected Inspectors, and tic ether by the appointed
INSPECTORS.
And II refer to the registry act OF last winter we
ma by Section that IN OF the absence OF the
Board OF Registry, the Eoara shall appoint qualified
eIector of the district OF the political party the
absent member etc" And further that II members
il to appear then two qualified election, shall be appointed
VINO shall resIectivy belong the political parties
a. the absent Members"
1t is evident from even a casual reading OF the
new law that it intended preserve and
tlhue the scheme provided by the law Of 1912, and
while increasing the number OF inspectors to Ave,
II In effect provides that only three Of them shall belong
TO the same political party.
Therefore, in filling vacancies board or appoint
ing an entirely new board In any election district think
IL Is the duty OF the local authorities making ap.
Pohnent to see that the plain policy Of the law in this
respect Is carried That white it may true.
have seen, that there IS express mandate that they
snail do 80 1t that the spirit Of the
CURES It, and it Is familiar maxim Interpretation that
thing which is within the spirit act is within the
statute although within the letter and thing within
the letter IS not within the unless within the
tention.
And II the local authorities in filling vacancies or in
appointing entirely board. will keep in view the
evident intention OF the law and thus preserve rea-
i've representation upon the board Of different politi
cal larte, there be serious difficulty embarrass-
uent in executing the law, relates to
sttuton Of tho board inspectors and the
Of Is clerks
Twelfth quosonThe only point involved in this ques-
ton not already answered whether inspectors
o elected or appointed In pursuance OF law be held
To b" lcs-atcd out Of Office by division
Of election district, made necessary by provisions Of
Section 90 supra the division placing
ton districts different to those from which they were
elected appointed.
Where officers required for TIE administration Of the
law and no new qualifications for holding the Office
imposed think it may be safely laid down as a general
rule that the Legislature did not intend legislate
tie Incumbent out Of Office unless has clearly and IN.
cquivocaly expressed such intention.
Especially Is this the where the only would
be To thereby create vacancy the which the
mcunb"nis had been chosen by the people, order that
other persons might be appointed by boards the
Same Office, and to perform exactly same duties.
There j. certainly nothing IN this act which in terms
indicates any such puoc on the part Of the lawmakng
power. On thc contrary there expressions from
which 10 may be fairly inferred the LEGISLATURE in.
tended :at all the inspectors in Office when
the act took effect should 10 on the creation Of
now Districts or an alteration % the old
the functions 81 their Office in the districts which they
might respectively reside after the arrangement Of
Districts.
In Section -. which relates the appointment 10 MI
vaancic> 10 l. provided that in each distric.
cpt district in which an the inspectors q election are
appointed the number inspectors shall BE- five and In
every such district ia which shall be loss number
than hc. the balance - tho w. 81 inspectors Of
election ~ such district shall BE- deemed - be Vacant and
shall Doe lei ancie, IN such Offices now provided
by law"
Ih> paragraph conewpates that there nay bo districts
in which there VIII bc Use n-poc after the new appor.
uonucnt OF duict which could only happen by Including
900 now di'trc, portions Of territory belonging 70 two or
more Oh district, In which Inspector. resided and
also indicates that 10 expected that each inspector in
Ole" a, mo time OF IA" creation Of districts should
tnuo TO hc 10 Office and Doc REGARDED Inspector Of the
district which nigh, De- created uy the provisions Of e
aud wLrr- Dee resided.
The general Iuin lad down IN several that whcro
m" Ollie" j, not constitutional rs territorial lurfS.
dicuon dluod by tlc Constitution Legislature may
'nrr" or restrict IL, territorial jurisdiction, Is harmony
Win tll, Wow.
Io IN cyoy case according 10 this construction. each
Inspector would SIN De- exercising function, Of hi,
Office within territory or portion H. for which
had been elected. Names and numbers districts
nothing. TIL" law ha- simply added
part 81 Dol, territorial Juri-cton. it unqusson
lniy could II TIE legislature will'i.
And 10 would, Therefore. follow that inspectors
ud TO act such IN any district where they may reside
which comI,os part - ,hr territory Of tho original
district f- va.ch rev ver' elected appointed and
Vh'r' thcr residence Is In such .a, Il the original dis
u.-t which 81, included within tno now district.
10 Rust D." dmu'd that this question In not free from
loun Bu, tho solution suggested seems be the most
reasonable and t least embarrassing in IT, application.
r. b. Mpornu however. that The title 81 all election
oarcrs should bc uuco.d'd and their right to at
disputed. and would. therefore. recommend IN the local
authorities that 900 all ca,,s whcr, they alter or Divide
TIC district, ~ their town. To change the boundaries
OBJ. .,l-tu- election detr.et they should roappoint
Tine inspectors in Office July bc inspectors for tho
district, is which They may -oycrlr reside The title
% tl. inspectors would u.en Doe beyond controversy.