New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-06


what the law makes Illegal, and if he puts the full
intent upon it. 1t must be counted
Mr. WoOd-The intent comes from the circumstances
surrounding.
Judge Barnard-They are TO count votes, that's all
You must count the marked ballots, but the law pro
vdcs that the ballots shah be void If marked, ana IL
shall be preserved TO enable simply party 10 put us
case before Jury or court These supervisors couldn't
say that a vote is void because 1t has marx upon
it, which, to them as supervisors proved that 1t was
mt there by the voter to enable identification. what
evidence Is there II the vote had contained deca-
ration by tile voter it would have to DO counted. II
he said put this for 80 or go they wOud nave
TO count 1t. You wouldn't want Town Board 10
reject votes or County Board to reject votes Inc
law is plain that the marked votes shall be counted
You NAV then have the right TO call the same qcs-
ton on trial. The elected may demand his man
damus TO recount and in that proceeding you may ne
termine the legality Of the votes MI Deae' take MS
case for Illustration is not in the position that Inc would
be IL alive for this gives the votes to Deanc, and lie Is
dead l can't sec that that affects the question lie
woud have been in the position If he had died
after the vote had been declared right. He died with
the vote declared wrong The supervisors were 10
count these votes and therefore the occupant CT the
office starts with the presumption in his favor and the
as 10 whether these REALTORS have anything TO do with It,
These ain words from Judge Barnard settled clearly
the Iaoral side of the question: and the Democratic
LAWYERS saw at once that there only one thin
SS ng Osborne as the member of the senate, that
point being the one raised by Mr I'm h
set the law in motion that vii 90 >nstlce 70 the
mint TO try and show that seat in the senate was
purely a private financial affair.
Mr. Chohte IN closing for the Republicans said:
Vour Honor,s position improves this matter very
mprb ! don't know as Ii has been ated that Mr..
Deane was elected by 70 votes and 2 votes were taken
away from him by the errors made by the county can,
ALA I'm nup nan
81 votes of With your Honor speaks change the re
suit This question OF the marked ballots, conceded
ON the other side L. a question Of law. submit that as
10 the other points raised upon the papers there Is no
bIesenied by Mr. Wood and that brings me 10 the
Question suggested thai was TO argue, that citizen
has right TO open this case. and we maintain InaI
right upon the ground that it Is public question: 1t IS
public right Of the people of this district or OF any
have the votes counted they cast and tha object
OF the act of 1880 was expressly to procure ths en-
and there Is a greater right, the right Of the people
IN fheir public and general eapagy to nave e mam OF
ton. IL is ore upon which this court has frequently
snre Won viii entertain and respect 1t decision o
the supreme Court 10 General Term in the
s6dns Which cover the case. Th1 case was wi
reference to the performance OF dutE by inc BOARD
Of Health Of me t9T IN q the nSme Of cSe # there
even was a law enacted for the bencAt OF the people
correcting Irregularities and mscOun Of the votes and
that the will OF the people can be made known
Then the speaker referred the case against the
Excise Board of Ne1-Yorb where the City Reform
Club compelled the Board 10 REFUSE 10 gIdV ioeIa'
He continued:
What was the interest of any individual citizen In
that That the law should be enforced that an EX
else law should be enforced, ana tlaI incense shoIb
not issue to an improper person what h is hc me e e
ton of citizen to that Simply 70 Sc t h te II law
should be carried out. How 40 VIC stand mere lciv
Is a Senatorial District and Senator 20 represent II
in the state senate one OF the 'nN hirty
represent The whole power OF inc sta'e o1 tgere
second Of the power OF the state LneIe -, ~
anything in the constitgtionradhu a age WITH Win
what my friend say that ro IL re ti@e.
ona period and only So Gaed Sorhese people
have gathered election day as Described tl l a IN
and csst their upoS The decision Of Your Honor
Won have now made in respect TO thlity-Cne vote. u
hort A Deane who unfortunately dled on the -1h
November was elected 10 the Office of senator VIVA,
is the effort that is made here by inc county ,i1
tbi coart 10 force into that Office gentleman who re
ceiyed a minority of those votes. and now ne comes
here contending that majority s W nsa Ue Tss alive
he would have undertaken his own rshi 10 tnt IN 4,
as an lncorporea herediiament You pae 10 n I
So and as he did not i've Inc PEOPLE vi ttS @ en-
have right i'm the premises which the courts aIe L
powered by this act OF iosO r anu '1 come here the
800 that elected Deane can't come neie
and make afdavs Every given m Daley nI Tne show
lie voted He voted for Deane 499 other men v9Igo
with him for Deane and they elected ps H hin, t and
connted another in. What is the right IN lst ea =
returned falsely tildt Ospoiiu .,o "
majority Then submit. we stand on pam sioul's'
upon authority that because ii IS the peII9'e u th
nnbIie duty that every citizen has an lhtefe,t ~ oe
PERFORMANCE Of a public duty. ana cspeclalA ill.,
citizens of this district who voted az .h,s nnnted
and have fbe right that their votes Should DC .Vu
they are properly here. There can be no oo'ec'''n
to the right. -, A ,bo
THIS argument Of sr. Choates was so clear, ana the
dcsio,s which he cited in support Of his position were
so numerous and positive, that not one Of the Demo
cratic lawyers ventured reply Then me o9ur n wa az
toyn on The first train acknowledging their aosoup'