New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-09-16
WETTER'S BUBBLE PRICKED.
A FATAL BLOW AT TIE NUMBERING MA
CHINE MONOPOLY.
ArronNEY.GENERAL TABOR GIVES AN OPINION
ENABLING PRINTERS ALL OVER THE
STATE TO NUMBER OFFICIAL BAL
,ors FOR ruEAELrcr1oy.
LOTS FOR TnENELECrIoN.

STATE TO NUMBER OFFICIAL BAL
LOTS FOR rnENELrcr1oN.
,ysox SPECIAL CORRESPONDENT THE TRIBUNE,
ALBANY. Sent. l5-Joscph Wetter & Co., of
No 90 Mortop-st Brooklyn who thought they had
"corncr" upon the printers of the State who
have made contracts TO print and rumber the
pccu)iar ballots of the Ballot Reform law, prob
ably have been undeccvcd by this time. MIR.
Wctter is the sole manufacturer of an automatic
numbering machine. Before the Ballot Reform
law was passed he was selling these machines for
S25 As soon as the law was passed and Mr..
Wctter saw that the ballots must be numbered
oonsecutively, he increased the price OF his ma
chine to 500, and would not promise to deliver
the muchincs until near election day. The printer
Of the State we're naturally dispeaScd and they
sent orders oil over the United States for the
purchase Of some of the machines that Mr.. "etter
lad sold in previous years. Nearly all these
machines were owned by the American Bank Note
Company. the Hsmer Lee Bank Note Company.
the National Bank Note Company and other oon-
Germs which manufacture numbered bank bills and
numbered checks But the machines owned ny
these companies have the word NO" placed before
the number they mark. Mr.. Wetter, therefore,
upon hearing OF the efforts Of the printers to
avoid paying the large price he asked for his
machine, asked the Attorney-General II q ballot
would be legal if the word NO" was printed
before the numbers with which il was numbered.
In reply Assistant Acknowledgement Maynard
wrote that the word NO" should not be printed
upon the stub of the ballot. Mr.. Wettcr was
reoiced that his monopoly was thus apparently
preserved and in circular letter he has just
addressed to the printers of the State he quotes
Mr.. Maynard's opinion.
James B. Lyon, the State Printer who had
taken contracts for printing the ballots Tor a
good many of the counties of the state. and VINO
possessed large number Of the Wetter machines
with the objectionable word NO before INC
numbers. was dissatisfied with the decision. He
brought the matter to the attention Of Attorney
General Tabor, who was enjoying vacation away
from Albany when Mr.. Maynard gave his
opinion. Mr.. Lyon was supported in this
appeal by other printers of the State.
The Acknowledgement to-day announced that he
took q different view of the Ballot Reform law
requirements in respect to the numbering oil inc
ballots, and made public letter which he hao
addressed to Mr.. Lyon on the subject. In thlS
letter Mr.. Tabor revcr>es Mr. Maynard's opinion
He holds that il will bc legal TO use machines
which put the abbrcviation No. belore the num-
hers upon the stubs of the ballots. The effect oI
tic Attorney Generals opiniop will be to afford an
opportunity TO printers to obtain at low price
some numbering machines from the bank-noe
companies. The decision probably takes SlOo'-
600 out of the pocket of Joseph Wetter ~ C"' :
or at least, 100000 which they expectfd 10
make out Of his monopoly. The decision Will re-
lieve the Board of Police Of New-iork OF their
embarrassment in respect TO printing the ballots
of that city, and will enable Martin Il. Brown,
who usually prints the ballots of that city. TO be-
ovl,
elsewhere in She State can also 60 to work. and
Mr. Wcttcr is left in charge of his 81 90 machines.
The opinion of the Attorney General is given
below:
State OF NewYork,
Attorney .(Seneral's once,
Albany. September 49, 1890
J. T. LYON csn State Printer. Albany. n. Y.
Dear In 70 your request for Me opinion Oh
the i.neral whether IL legal or permissible
under the provisions Of the ballot law 70 pant upon the
.s.ub, OF the word No a. the aobfevlation OF
the word number leave TO That heretofore aod
during nv absence Albany one Of the deputies Of THIS
dearmeut In answer lar gury replied as follows
Albany. August %. 1880.
"Jo.eph wet.er Co.. 2s Mor;on.st, Bro' klyn n y.
"6ientencn Replying your Of the 2Gth inst. |
xor,d s,v hat the word No. should no: be upOn the
stub of the baot-snly the figure Itself to indicate the
number
Since nv return here have had many other similar
Inquiries regarding this question and my attention Las Deh
crca.d labor and ,yIcate which II l. c!ahco vi" i"'o"
IN. Of the law given and doubt have
been expressed wbe-cr in fact will be possible unce
this construction Of the law print enough oslos mecca
sary carry the election nhis fall
In licat OF these facts and cfrcuHr Anc's ad ue
evident importance n the have been askd u and
have determined give his question further consideration
Chapter Dr. Of e laws Of 1890. section H. sn"g other
things provides Zach ballot shall have peifora1o ih
running the toy TO leave the space Oh above
inch In
line which shall be known as the stub, nothing snail
be printed except the printed number hereinafter meh'
toned"
And the same section also provides "Tho stubs Of each
kind ballots each election district shall DO numbered
consccu,vcly by printed numbers thereon"
Taese the only provisions Of the statute ~h'eh pear
uuon tie question While this opinion referred TO- vii!
be seem satisfies and literal letter 81 the statute"
am not satisfied careful confederation oh,ts pro-
visions and the circu sround'6r rs passage that
It should receive so t~chnicsl a constitution
It may be- think fairly assumed that the Legislature
could had Ia mind 1t, attention called to the
greatly increased labor and Expense consequent upon the
printing o. consecutive nunI"rs upon the stubs q! Dao'
succnt TO supply all the election districts Of the State
That the and that 1t Will b. found utterly
fmprac able and be said impossible, with the
ordinary printing presses In 70 supply in the short
tune after the nominations made tho necessary
number OF ballots the coming election seems 10
be conceded By "ho has examined this question
1t appears however. that thexe now In use In many
Of the printing Offices OF the state certain machines hTe
tofore used principally for the printing Of consecutive
numbers uuos railroad tickets and bank checks which, ~
used will allow Of tho printing Of all ee bal
required coming election. But In this
ton u also claimed that these machines. which Ar"
secured by patents quite expensive 30 con
stFucted that tho word "N0" other mark mus
procede the figure the It f.. W say the least
very singular circumstance that the printing Of the
ballots necessary and proper carry state election
should DO made 70 depend In any such
conditions These condiusns however an satisfied do
exist The question presented is does the statute
cited present objection to allowing these conditions
be met
1t 10 settled rule in the CONSTRUCTION OF statutes
arst "a statute should not DC construed ~ work
public mischief unless required BY words OF tho mo-,