The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-01-05

Advertisements for THE WEEKLY Sun.
-tsswed Tomorrow morning. must be handed IN
fhts evening before O'Clock.
, Repeal That Foolish and Wicked Lawi
x Whatever doubt may have existed In any
quarter concerning the necessity OF clear,
plain. definite. and easily understood cleo
ton law for use in this State In tho Presi-
Dental contest OF 1892, has been extinguished
by the construction put upon the existing
statute by the Court OF Appeals In the On
ondaga county case. This decision. by no
means unanimous. but none the less bind
ing on that account vastly increases the
power OF County Clerks by according to
them q virtual control OF the business OF
voting. The law invests these County Clerks.
o worry large majority OF them being Ro-
publicans. except In New York and Kings.
! where the County Clerks are usually Demo-
Gratis. with the duty OF delivering 1.-THE
proper number OF ballots provided for the
use Of the voters" The same are to be sent
In sealed packages. ono Of ench kind. for
each election district. with marks on the
outside OF each. clearly stating the polling
place for which it is intended. together with
the number Of ballots enclosed"
By neglect or design tho Republican
County Clerk OF Onondaga county inter-
changed the ballots, SO that the endorse
ments on the Republican official tickets
were transposed In several districts.
and thus the persons voting these tickets.
to the number OF 1882. were effectually
disfranchised. It so happened that the
aims and purposes Of his own party associ-
ates were injuriously affected by this act.
but had he thus transported the Democratic
tickets. Democratic electors In Onondaga
would have been disfranchised instead.
What IL to prevent any County Clerk.
under the existing law and the courts in
depreciation Of 1t. from interchanglng the
= tickets Of his party opponents at the Pres
idential election OF 1892
1.-THE Legislature must be supposed"
declared Justice ANDREWS in his opinion in
the Onondaga case. ito have known that
the great majority Of voters are plain men
who would not be familiar with the details
OF complicated statute" The 1890 Legis-
lature might be supposed to have had such
knowledge. but in enacting the present
electoral law it gave no proof thereof. while
It Imposed upon the plain men Of the State
the task Of scrutinizing the endorsement
Of each ballot voted. and Of passing upon its
regularity. accuracy. and sufficiency. Thus.
1859 plain men in the county Of Onondaga
failed to discern clerical error on the out
side Of their tickets. How many might make
the mistake in other counties? The hardship
Of this new. unexpected. and indefensible
qualification OF the franchise. whereby. as
Judge PEcKHAM declared. hundreds Of in
nocent voters will DO deprived Of their
constitutional rights. because the en-
ployees or messengers Of some public Of
ficer make q mistake" might fall equally
on the voters Of the State. Democratic and
Republican. but for the fact that a majority
Of the County Clerks at the Presidential
election OF 1892 will be Republicans. whereas
in the two Democratic counties Of New
York and Kings the County Clerks have no
such power and authority.
Consonant with the decision Of the Court
Of Appeals In the Onondaga county case.
what protection is there for the voters in
hity-eight out OF sixty counties Of the State.
against the fraud or neglect Of knavish or
careless County Clerk? What would the
intending voter be compelled to do to pre-
serve his franchise SO that his ballot might
be counted? There must be way. Of
course. and we will point out one such:
There are in the State Of New York. outside
Of New York and Kings counties. STA poll
ing places. At the election Of 1892 each Of
hepolitical parties can station man in each
Of these STA polling places to act as an
endorsement inspector and see that the
County Clerk has not mixed the tickets up.
30 soon as he discovers any defect in the
endorsement. misplaced figure. mis-
spelled word. or an improperly reproduced
signature. he should make o loud outcry.
and posting himself at the threshold Of the
polling place, like the town criers Of olden
times. admonish all corners against the
error he has discovered. explaining to each
In turn the meaning and purport Of the
statute and the view taken Of 1t by the
Court OF Appeals. Provided he is not forci-
bly, moved away by the constable for cleo
tioneerin9 within $50 feet Of the polls. he
may. II his voice holds out. continue
his warning demonstrations all day. To
do the work properly and to snatch time
enough for his meals. he would require
the services OF an assistant. and thus
there would be 1900 men withdrawn from
their usual avocations on election day. ex-
postulating. or prepared to expostulate.
with the voters In the counties outside of
New York and Kings. and to save them
from disfranchisement! When 1t is consid-
cred that the plurality given to BENJAMIN
HARRISON and LEVI p. MORTON in this State
In 1883 was 14.S7S 1t will be seen that 1t would
require more persons to preserve tho pro-
cious correctness Of the outside endorse
ment of the ballot reform tickets than were
required four years ago to determine the
political identity Of the President OF the
United States.
Clearly. such method as this. and 1t is
the only one we can discover. OF preserv-
ing tho rights OF the voters would be a
burlesque. The only other alternative
which presents itself is to repeal the law.
substituting for 1t ono which by its sim
plicity will commend itself to the great
majority Of voters "who are plain men.
who would not be familiar with the details
Of . complicated statute"