New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-28
THE REPUBLICANS UPHELD.
JUDGE BARRETT DECIDES IN THEIR FAVOR.
HE sUsTAINs THEIR CONTENTION THAT A CITIZEN
MUST LIVE THIRTY DAYS IN AN ELEC-
TON DISTRICT TO VOTE.

TON DISTRICT TO VOTE.
Judge Barrett in the supreme Court, Chambers yes
terday handed down an opinion deciding that voters
must live in the election district thirty days to be
titled TO vote. Judge Barretts opinion in full is as
follows
l have conferred with my brother Patterson with
regard to these cases, and have ascetained tat two
years ago the present question was raised before Nun
and Incorrect copy OF the Constitution presented to
quently attributed to him. This ruling afterward
CORRECTED; and al applications based upon similar
l authorized to say that Justice Patterson fully
concurs with me In the opinion that residence OF
amendment 10 the Constitution of 1874. The Language
Of the Constitution is explicit and have right to
disregard IT, 1t cannot be tortured into meaning As
sembly district. These observations are made IN view
OF note contained in the manual OF instructions given
TO inspectors OF election. Which Is misleading and mac
curate The note In question should be stricken from
the manual and the inspectors instructed to require the
residence OF thirty dnys in the election district where
the citizen desires TO register and vote which the
Constitution lmperatively calls for. The motion for n
mandamus In each Of these cases must be denied.
The decision received with much satisfaction
by the Republicans. the general opinion being that 1t
would help the party greatly this election. In the
lodging house districts nnd in other parts Of the city
where people likely b move frequently, Tammany
Han is generally of majority. This inter
probation of the win therefore cost the Democrats
than 1t Stn the Republicans. The Republicans
have always COMMANDED for Judge Barrett's view Of
the law. All the Republicans who were seen ex-
pressed their Joy at the decision.
Postmaster Cornelius Van Colt said: "The decision
will be Of great benefit TO the Republican party be-
1t viii prevent colonization and other forms OF
fraud to a considerable degree. It would be exceed
ingy difficult 10 verify "A registration list If the law
merely prescribed that must live in his Assembly
district thirty days previous the election II he
wished TO vote. An Assembly district may cover
big stretch Of territory. and If man had the right to
move to any ploe be wished in this space it would
sometimes be impossible for election inspectors to trace
him. Men often move without leaving their new ad
dress behind and they therefore not be followed up
II a man wants to eyude the law. 1t would be much
easier to do it under the Interpretation Of the statute
which Judge Barrett has declared Incorrect
William II. Bellamy. secretary Of the Republican
County Committee was qathed and pleased at the
Judges opinion. Said he TO Il Tribune reporter :
~The decision simply declares that right is
right and law IS law. 1t IS very welcome
to us Republicans, because we have been acting In
accordance with it all through this campaign. The
Republican inspectors Of eecon have every one been
instructed clearly and explicitly. that 10 man Is en-
titled to vote who has not lived In his election dis
trct for thirty days. AS far as know the inspectors
have acted accordingly IN every case. The decision
is therefore approval Of the position which we have
maintained right along.
Just see how fraud would have been encouraged
if the opposite opinion had been held by the Judge
Ny Assembly istHct the XIAth, extends from Fifty
secOnd-st TO Spuyten DuyViL IT would be the easiest
thing for man TO register IN half dozen places In
the Assembly district, with little fear Of being de
tected. lie could register in the lower end OF the
district go uptown dozen blocks ard register again.
and so on. Under Judge Barretts decision, however
the possibility Of haud OF this kind Is decreased
hundred fold Undoubtedly. some Republicans viii
their votes but the decision is in our favor never
theless."
State Senator uspenard Stewart was also convinced
that the decision would do much good 10 the RePub
lican party For thing. 1t would make fraud less
possible. To look at it merely according 10 the laws
Of chance Mr.. Stewart went on, :" II would benefit
casting their ballots by It, 200 Of them wOuid in all
probability be Democrats. The gain would therefore
be in favor Of the Republicans
United States Commissioner Joseph NJ. Deuel. has
residence of thirty days 10 the election district
Indispensable to the right TO vote On the day Of
the last election a who was charged with regis
tering falsely arragned before Commissioner
in the Assembly district for thirty days, even II he
had not been In the election district that length Of
time Mr.. Deuel. held the man, who was aferward
indicted by the Federal Grand jury At the trial the
The law, but Judge Benedict overruled him. The man
found guilty and was duly punished.
John l. Davenport, Chief Federal supervisor OF
Elections. has always contepded that the law a.
Judge Barrett has decided II 10 be. Mr.. Davenport
has Instructed the Federal election supervisors ac-
cOrdingy, and they have caused .he arrest OF
Der OF who acted under what they thought TO be
Judge Patterson's view Of the statute
The decision will cost the Democrats the votes Of
most Of the who registered from the Franklin
lodging house. No. ass Pearl-st Fourteen men were
registered from that place, but the landlord has
Gently been dispOssessed and the house cleared
of its furniture These men had said that If they
remained anywhere IN the I'D Assembly District until
the election, they would stu be entitled 10 vote.
Now however that plea will 20 for nothing.