New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-02-25

ABOUT FOR TECHNICALLTIEs. DISCOVER THAT
THE MESSENGER OF THE COUNTY CLERK.
IN DELIVERING 800 SETS OF BAL-
LOTS, HAS MIXED THEM IN
NINE CAsES-wHEREFORE
12ls PECK VOTES ARE
COUNTED OUT
IRON STAFF CORRESPONDENT OF The TRrBus
Syracuse. Feb. 24.-In some aspects the meas
ures taken 70 deprive Rufus T. Peck
of his seat in the Senate and 1,21s
Republican voters In OnOndaga County of their
rights citizens were as paltry as shameful and
dishonest those resorted to by HIPS Duchess
County gang. 1t is true that the final proceed
ing, accomplished by the importation of a Demo-
cratic Judge from New.York City, was approved
by fourto-three vote of the Court of Appeals.
but it is conceded that the Court strayed long.
long way from time-honored law in reaching the
conclusion that 1918 innocent voters should be
disfranchised because Clerks messenger made a
mistake in delivering few bundles Of precisely
the same kind of ballots. When Tim Camp
BELIZE who once told Mr.. Cleveland that he
"oughtnt to let little thing like the constitoo-
shin stand between frinds"--when Tim" was on
the bench in New-York as a Civil Justice he was
confronted by confident attorney with decision
which seemed to fit the case at bar completely
and to render a judgment in favor of the at
torneys client absolutely necessary.
But 49, Tim" was not so minded "Fwat's the
book yer rcadn from ?" he asked. as the lawyer
laid it down with an air of triumph.
The Eighteenth of Blanks Reports, your
Honor, and the decision is that of Judge Soand-so
of whose great learning and authority l need not
remind court so justly distinguished in the same
respects" replied the attorney
HIM." observed Tim, dryly "F'wat's the
date az it?'
1855"
"Oh That's away back" and Tim" shook
his head. There's been lots O. new law since
then"
Some law has been made in the Peck
case, and voters are told that without any
fault of theirs their ballots to the number of
tleIsanGs may be thrown out in messenger
with 500 or 900 parcels of ballots to deliver to
200 different polling places makes single mis-
take in his delivery. II he takes the bundle
designed for district No. l to district No. ., and
that for No. 2 to No !. although each bundle is
identical in character and contents, every vote
cast from among the trarsposcd bundles is void.
The voter is innocent. lie does not know of the
tronspostion. lie comes TO tie polls and
ccives the ballot from the inspectors and votes
what Is given him. II contains the same names
that are the ballot OF the man who comes
after him. the only difference being that his is
iDdorsed on the back ar for district No. >, whereas
his neighbours is properly ndorsed for No. /. But
he loses his vote. The supremest right of
American is torn from him, and all because Of
IN errand-boy's mistake. One of the four Judges
who have placed this construction on the law was
Judge Gray 1t seems proper TO place in parallel
columns right here the language of Judge Gray
in the Bell case. wherein the court unanimously
cOncurred, and that used by him in DISTINGUISHING
the 1,2ls voters who gave their support to Mr.
Peek last fall with ballots indorsed for dis
trct other than that IN which they voted
CONTRARY VIEWS OF THE SAME MATTER.
Judge GRAY IN the Eel Judge Gray in The Peck
case 1850. case. 1891.
one OF tie most valuable III to be, a hardship that
and sacred nights which the result should operate
The Constitution has con to render null so many
1erred upon the citizen Of v,>>s ana to alte: what
the state About 1t haze ma la C been m honest
guards. with the object Of will. but 1t would he
securing 10 each qualified evil in compiH.On with
electOr the fullest and which tn. h;r chip
freest exercise Of his Con plain Of is nchng If
stitutional privilege, and, u law wlier TIC people of
also of obt1inng the great this State through the"
est protection against TIE Leeisatq'- Deliberately
preparation of irsud al the framed and have soemnly
polls, which shall be con adopted should be
s!stent with certainty strIeh 10 render iraudu
that every person entities lent evasion possible This
" vote shall nave ms Dal is not for the court
lot received, deposited aud 10 st,air after explana
counted. think IL "Oud ton in order 10 remedy an
be far greater menace To apparent hardship. 1t viii
tutlonal rSIa II me Ia" any of the provisions Of
regulating rs "Ncr'Is', tbs law, framed against IA
should prevent tie vote OF ossib corrupt vote lest
cltizci GUY qudlINcI " doing the way be left
ID from being received nien for a more radical
and counted than that 'destruction The people
some iiaud nlis' Dc p. arc supremacy interested In
ton. For, the one case apg.inst The nroston of
there would be the dih 10 cho-acte1 in thc cast,
franchisement OF the cleo ,n, ~ :. uoraI ballot
tor: while in the other. i"e "a " ' ~
for the wrong done 10 the
people, OF Ia the individual
penalties and remedies are,
provided. and tribunals eN'
fst for their ent'rcement
against a wrOng-dOer, ana
for tie establishment Of the
right
Nothing can be palmer than that these two
decisions are utterly. hopelessly, irreconcllaole'
In one it is positively declared that legal suaraii
toes AGAINST fraud must be such as are consis-
ten, with the honest voters CONSTITUTIONS! ris"'
70 get his ballot in the box and to get u coun'eu
with certainty, and that this rght Is lar nioie
.inrr