New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-11-05
TWO IMPORTANT DECISIONS.
THE CHIEF CONSIDERATION is THE ABILITY II
LLE-soHEMEs TO EvADE THE LAW.

THE CHIEF CONSIDERATION is THE ABILITY TO
LLE-soHEMEs TO EvApE THE LAW.
The watchnan at the County Court House nearly
had paralyc stroke shortly after O'Clock yesterday
morning when forms which he felt sure must be
appsruons came slowly through the gray morning
mist up the front steps Of the building They were
not "spooks" however, but six good, solid, wellfed
Judges of the Supreme Court who thus carly on
hand to furnish judicial interpretations to the sections
of the Ballot Reform law which might be questioned
BY either voters or election inspectors. Ex-Judge
Charles Donohue was also on hand early to counsel
his Tammany followers who through any misunder-
standing should not be allowed to vote more than
half dozen times, and Nelson j. Waterbury fought
the battles Of the County Democrats Tho hrst case
which came up was OF q man named smith, On NO.
400 Westinghouse. He registered In tho twenty
third Election District Of the Ist Assembly District
The case came before Presiding Justice Van Brunt on
the physical disability plea and the decision In THIS
case proved to be the most important one of the day.
because it furnished precedent for nearly all the
other cases which came up. Tie case was 80 wen
developed that 1t looked like scheme winch nan
been cooked IN, beforehand. Judge Van Brunt held
that when voter swore that he was physically dis
abed 50 that he could not fold ballot the inspectors
could not 20 behind his OATH but must accept 1t and
allow friend of his own choice to go into the booth
with him and assist him In preparing his ballot This
mans ply sloal disability consisted In clumsy fingers
The application for this mandamus was made upon
the strength Of affidavit written out by Franklin
Bartlett. For the sake of showing just exactly upon
what grounds the petitioner stood, tho ahdavls Is
printed in FULL rs followsi
That he resides at No. 400 Wsshington'st', In the
Tweny.thrd Election District Of the LIST Assembly Disrct
Of the City NswYork and is duly registered voter in
said election district Of the City County and
state of NewYork depoDent this fourth day OF
november $780, attended the said election district and
asked to be permitted to exercise his right to
vote, and deponent was given large number
Of ballots to wit. about twelve ballots;
that James j. Glroy, John Doe. Richard Roe and one
other all OF whose unknown 10 oeponen are Ie
inspectors Of Election in said district
That deponent endeayoed 10 prepare and fod the SAID
the required by law but he found thnt
his fingers clumsy and ssn that he was unable 20
prepare fold said ballots within the time limited IN inc
manner fixed by law then and there stated to the
said inspectors election In said district that ne was uh
able by Of physical disability. due % the act tna'
his fingers stA and clumsy to prepare MS oaot WIN
out assistance and then and there offered to take and took
the oath regard provided for and requested permits
sion from said inspectors that he might bring with hin 70
the compartment provided for That purpose per-
sob 70 be by him to aid hin In the preparation Oh
his ballot but said inspectors refused to permit him TO
bring said person booth compartment provided tor
that purpose 10 enable deponen to prepare his ballot.
That by reason the matters aforesaid, deDonent has
not cast any and has been prevented from exercising
his right Of suffrage. .
not have peremptory writ OF mandamus commanding the
aid in.pecr to perform duty In the premises, and
permit him " bring Of his selection into the Doo
or prepared for that purpose TO ASSIST MIN n
preparng his ballot permit him to vote and ne ASKS
mat An order ~ show be made returnabe at once
mr. within an hour end that deponents rights In the
may determined before be TOO late LOT MN 70
exercise the right OF suffrage by law the polls In
m election district wherein deponent has the right 70 vote
ara open only from O'Clock until O'Clock " m
the
following opinion:
lie speerors have tight to go behind the voters
statutory oath TO inquire into its truthfulneSs'
Upon the voter that by reason OF physical dis
utility he is unable prepare his ballot without assistance
hs In. peotors bound permit him to bring person oil
his own selection with him Into the booth or compartment
where the ballot is TO be prepared.
Tho remedy in case swears falsely TO such
physical disability prosecution for perjury or for vo'
atlon OF the election law.
But the inspectors decide against the voters
right In the premises than they can when challenged
voter swears Ia his vote according to law.
Tho power inspectors is limited to requiring the voter
10 take the statutory and hereupon to ask him 70
p.cify tie nature OF the p& steal disability In oer tna'
the poll may the memorandum on the pou ss
required by law. Upon that bong dene PERMISSION "
bring the selected person into the booth or compartment
becomes duty devoving upon the inspectors, for viola
ton Of which they may be punished under Section "a OIL
Chapter 26o Of the Laws OF 1890.
About thirty mandamuses were granted altogether
most of which following out the lines of Judge
yan Brunts opinion. There one other question
decided BY Judge Andrews, however. which was
ne ANN as important the decided by the presd
ing Justice. Upon the return OF the order to show
Dougherty, of the Twenty sixth Election District Of
the With Assembly District. Samuel Robinson, one
Dougherty spent thirty eight minutes in the booth
and handed in three sets OF tickets which were I'M
prop rly folded and accordingly rejected by the In