The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-11-07
NO RECOUNTF0RG GOTHAM
SECRETARY NOBLE MAKES HIS
FINAL REFUSAL THE MATTER.

FINAL REFUSAL IN THE MATTER.
He Bases it on Kenney's Refusal TO
Deliver the Police Census Books for
| Examination by the Department
Kenney Sent Back to Washington
by Mayor Grant.
WASHINGTON, Nov. 6-Secretary Noble
to-day finally rejected the application Of
the New York city authorities for recount
of the population of that city. Briefly
stated, his reasons for rejection are: No
cause Of action ard various laches on the
part Of the New York city authorities.
Thesecretarys decision is a long docu-
ment, the first half of which is devoted to
review of the circumstances Attending the
| efforts previous to the last one ma lie by the
New York city officials 70 secure re-
count.
TINE LOST.
Mayor Grant is charged with having al
| lowed 20 days to elapse after the announce
ment OF the first rough count of the census
bureau before any steps were taken. He
is also criticised for his failure to take ad-
vantage OF the opportunity offered him by
| Chief Clerk Childs, then acting superin-
tendent, to present specific case for inves-
| tlgation, and for appealing to the secretary
from Chief Clerk Childs' action upon insult
| ficient grounds The secretary concludes
| this part Of his decision as follows:
Again, it is quite obvious that it would have
been most unjust, if not absolutely Illegal for the
secretary to have considered any state of facts
than those the superintendent had already had
| an opportunity to consider and on which he
| had based his action. The mayor must have
known this as he did not call the attention of
| the secretary to anything moro than he had
rested his case on, at least before the super
| intendent.
IMPORTANCE OF THE SUPERINTENDENT.
The Office of superintendent is one of not only
great responsibility but also of great dignity.
| He Is appointed by the President by and with
the advice and consent of the Senate His in
telligence, Judgment, integrity and personal
\ qualifications entitle him not only to fair but
i liberal treatment at the hands of the secretary.
| To undertake to override him on facts he has
not had an opportunity to consider would be
harsh as well as unauthorized The secretary
was. therefore, by all the considerations appli-
cable TO II, bound to act upon the case before
him and not upon some other facts not presented
or offered. He did so decide it, and gave his
reasons at length.
MIGHT HAVE BEEN ENTERTAINED.
The secretary then continues:
The present application might, however, have
been entertained sufficiently by the secretary
to learn what the case was rested on now. If
he did not feel justified in acting upon it him
self he might have deemed it such as he might
rSIer 10 Jne superintendent for consider AtlOD
by him. To have secured such action by the
secretary would have required full presenta-
ton of all the proof in the possession
OF the applicant, and the same frank treatment
OF the secretary that he, the applicant was
soliciting for himself. But such has not been
the offer made or the action taken by the
mayor. The applicant selected to suit himself
proposed that the case should be disposed of on
an investigation Of the books relating to these
but he at the same time says these enumeration
books don't include all the population that was
returned to him by the police enumerators.
HIS WORD AS SURETY.
To have had possession Of these
acknowledged imperfect records to
have compared them with the schedules OF the
United States enumerators in his own depart
ment, under law that authorizes copies only
to be furn shed municipalities for inspection
to have been given entire freedom of action in
the premises without supervision in the pres
ence of any agent of the applicant was the
least that could bsve been offered the secretary.
His position and his obligations were all the
sureties necessary to entitle Thin to this conf
dence. But, on application by the secretary, to
nave the books, Incomplete as they were, deliv-
cred at the department upon an official receipt
he was informed by the custodian of them that
the instructions OF the mayor were to the con-
trary, ana that he the custodian) must be
constantly present with the secretary
when he was examining the books or
comparing them with the United states
census returns, and that the sole custody OF
III.
Thereupon the custodian was informed that the
secretary would proceed with the business
without them.
LEAVES THE CASE WHERE IT WAS.
The refusal of the books leaves this case sub
stantially where it was when the last opinion
was delivered. The offer of the returns of
| merely five wards out of the 947 districts
| that are in the city of New York,
and these returns acknowledged to be
| imperfect, could have been entertained
| only upon most liberal treatment of the apph-
cation. These books having been withheld, there
| is no evidence before the secretary of the au-
thenticity and reliability of the police count or
| OF any ineff1ciency in the United States census
| taken in June. Several other papers, computa-
| tions and comparisons surrendered to the score
| tary, being those as to the death rates number
| of voters and comparison of directory 5
| contents are matters that cannot prevail in
the face of an actual count of the people that
| was duly taken according 90 law. They DOM
change the presumption III favor of the census
| of the United States because of any caicula-
tons or results in such papers. This position is
| acknowledged by the applicant. In the letter
| OF Nov. by the custodian it is said: Until
you (the secretary have examined
| and compared the books there IS
nothing for you to do to consider matters
| (Which although now presented in newspaper
were not within your knowledge when you
| made your recent decision" The consent vir-
| tualy thus given has been confirmed by the
| mayor in telegram to the agent and trans
| mitted by him to the secretary of the date of
1 Nov 8, saying THE mayor repeats his original
| Instructions. You are doing right. Give the
| fullest facilities to Secretary Noble but
| in your presence. If Secretary Noble will
not examine the books in accordance with your
| original instructions return with them to-day -
| Tho secretary is therefore driven by the
mayors course of conduct to refuse
| his request and thus keeping the case
| utterly bare OF any facts authorizing renumer-
| alton to again disallow the application made,
| and 1t is hereby so ordered The papers that
were delivered are herewith returned.
KINNEY SENT BACK.
NEW YORK, Nov. 6.-Mayor Grant this
evening dispatched Supervisor Kenney to
Washington for a second time in reference
to the census matter. This time Mr. Ken
ney is to ask Supt. Porter to allow him
| (Kenney) to make a copy of the census re-
| turns of the Second ward.
a Buoy Near the Vizcaya.