New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-18

vassers certify and declare that the person who
appears upon the certified returns ana s'a'cenit
made by the boards Of canvassers OF the couhlics
of Columbia Putnam and Duchess In pursuance
OF the statute and the order OF the court W
have received the greatest NUMBER %, ro.es 80 ma'
duly elctccd Senator from The said AVN ''""-
torial District" ,. .ho,
The CONT of Appeals held unanimously th9!
the Myod certificate was false IN iact H'" oon ~
declared to number OF votes cast lor ea',' Nv.
didotp differently from the true result am wa.
bcinc false the State Board has no rlgh' 70 Sou'S
il tie feet Of its fol4tv having been rs'apliSnsu
bv the courts ana indeed no' nehlcu :" .,G
countv canvaSscrs It's form. the court neia'
WIS not necessarily fatal; the clerk was tne mn
istcrial officer of TIE board and hao no ,,lsnt ~
refuse his signature he was not iIr oo'u e6
or master bat it. s'ryant ana II M.S ~ rctnrn
why thc state Ho1rl should not canvass return
t;at = Comfy Cork had neglected or refused
70 perform his duty with regard 70 'haC rctu'l,
Therefore The court in approving me oruGr " ume
lower court modified il Us strIklnV on' ,h'' p'i
.ion NJ thn ordpr which commended the n,iW
Bonrd 70 canvass no othcr lctIIm, "',Is
one signed and sealed BY the tou,I| roorJ
tb.e modified tho order directed me NtR'P bo'I"
t .. convess tho NIvlod rciurn. bnt TO canvass
tho. trne return which might be in their poses
sion in pursua OF law ana OIL '"e ''"'' VI WV
supreme Court
INNOCENT VOTERS DIsFHiNCHiShp.
Three cases. therefore. were decided IN favor OF
the Republicans. In two OF them oroeiS "'i'
given commanding the state Board to issue GER
tiGcatcs 70 the Republican candidates. ana I'D one
M orler WAS rendered bWC the OPINION ol 'nc
cour. declared that the State Board had no op'loh
except 10 certify to the return OF tnc Kepuol!Dhu'
The fourth case that OF the AANth D'', ~, ="
containing the County Of Oh9hu"ss ,'r several
nacTnses of Republican ballots had heeh deH %
to other polling places than those IoI MilGm 20
intended, ACCORDING L" tiic num- Court If
Apneols decision by n vote OF -four to three, sus-
tained the position of The Democrats III ever
respect ,JuGgc Pcc.iham concurTcd WIN 'ie ~ ~
Republican mdgcs. Andrews ana Finrn' III ~ .i
-pntinr The majority of the court held tHaU INC
numerical ndoiSemcu on TIE bHck OF the pal,o o''
was an important feature Of me AusIr1Ilah ~ n.'.
of voting and that If u mistake in the marking OF
o,liyerv of tIe ballots was 10 he permitted no"
ever innoccntly made II would open the uooi "
that very class of electoral crimes Wilich ,nis r.
fem of voting had been devised 10 prevent, -"
Republican candidate. Mr. Peck had been elected
in this dlN-ict by 3s2 majority, ana .2ls 81 niS
votes were cast from among the pacKaSes oi uI h
wore not innocentv cast. II WINS not alleged INA,
the transoositon Of the ballots was the f,su!. VI
anything but accident. But the court, adul', I'm,
this held that the Acknowledgement OF th'fs, NG'-
ers was Il small matter in comparison WIN ule
harm that would ba done By judicial decisions
easily enabling votes 10 b marked tor 'eh'i"o'
ton.
THE SEATING OF NICHOLS IS BURLEsorE-
The 1,aentinr iudgcs urged that this would not
he rbe result of a judgment affirming The legality
of the votes cast for Mr.. Peek. 1t - no'
claimed" said judge Pcckhnm. that any but
qualified voters voted ut the election in tins dis
rrict IL WAS conducted quietly, honestly at
fairly without a thought Of the dhilfcr ihp'nu
ing over il by Sllght mls'Hkc III ,iit rt Of
ton of thcsc ballots. The mere stAiemeh, 81
the propo,ition Ia r'gcrSe tie result OF an e'o
ton under such circumstances and Tor Suoh a
cause il calculated 10 create ~ most nlh"S ~
ing that If actually consummatcd, Gross Iul ~
would IL, done and tiat 10 fair rcDlng Oh Any
ballot law would permit lie consnmmatlon 10
utterly disfrancfs" hundreds oil Ihhocrht l ct''
votcr, because the cmployc or mc-s'hSrr OF SUN
nnblic officer made a mistake like the ono IN
uucstion seems to me 20 work ourr-q'r on we
ballot act and il construction. II IS proP'I lp
add That JUDGE GRAY who concurred IN the de-
ci.ion of the majority in this case, delivering All
opinion Of his own. In which he said: II NAV ~:
and assume II 10 D.. hord-hlp 'hh' VIC i',r'i
Should operate ~ render null so many votes an"
IN alter what may have been an honest expression
~ Ito pouular will: but il would lr an cNll IN
comparison of which the hardship complained Of
j. ~ nothing II law which the people 81 TINS
state through their Legislature SO deliberately
framed and have solcmny adoptcd silouln w 20
construed as IN render irnuduent evasion pr. r
bio" bad in smother electoral case, Nv" A''N
before deciding that registration ohc"rs Gihno' n
fuse 10 register n man who svparS niinheI, WI
titlcI to vote used these words " The rl2ht OF
n,Tr,,c is one of lie most valuable and sacred
rights which thc Constitution has conferred ur"h
thc citizens Of thc State. About II have nc'n
erected many saieguardS. with NE oolrH1 u ~
curing 10 each qualified clcctor me iu,leSt anI9
frecst exercise Of his constitutional privilege ana
also Of obtaining the greatest protection aghhI,iI
the preparation OF fraud NJ the l-iiS Whl'n N'.,
bc consistent with certainty that every person
untitled 70 vote shall have his ballot rcrrlFci'
dcposit.-I and counted. | think II would ne iar
greater menace 70 the securi'X OF ti, 'onsIlil u,
,ional right if the law regulating is cA"rcl,,
sbouId urpvcnt the vote Of n citizen, duly guam,
fled 10 cast it, from being received ana couht"l
Than that some frond mght hc Prac,i~H Nv
folsc norsonation For In tine one cate there would
ho ,he disCrapchisemcnt Of the elcctor; whllc IN
the other for the wrong done the people OF ~
thc individual. penalties and rcm'7Il'S are pro.
vidcd and tribunals exist for their cniorceincht
o,oirst wronQ-docr and for the establishment
Of the night
TIE NIT RESULT.
And do not penalties and remedies exist for
the wrong done by fraudulent evasion also? Are
there not courts in existence for the enforcement
If the law against brbr takers and against bride
givcrs A. we'll as AGAINST pcrjurcrs? Every word
liza, Tudoe GRAY sad in the Fell case when l'
sustained the caufc Of an innocent voter against
IL narrow construction of law applies WIN elul
force 10 the Peck cdsc where lie llslS'cu on u
narrow construction of the law against me IN
tcrcss and rights Of the innocent Noirr Ntll ny
a vote of four 10 three, Judge Gray beng one oil
fine four the State Board OF CanVaSsrfs were an
thori2cd 20 give "A certificate 81 rcclloh 10 .h,
democratic candidate for senator IN the ANNu
district and the votes Of ,2lS innocent ana law
| full vO'crs were nullicd.
This. then. is thr net ersult Of thr dcclslonf
rendered i'm The Court of Appeals IN the -FOUR con
| tested senate caees: In the AANth Dlstrlct IN,
| Democrats won and the certificate was awarded
| 10 John A. Nichols. Democrat; IN the NV I'm
District the Republicans won, the court deciding
| that the State Board according - law could not
rcfnsc 10 give Mr. Sherwood Republican,, the
| Certificate but refusing 10 mandnnu, the BolIt
on the ground that: IN the courts judgment, Mr.
| Sherwood was INELIGIBLE 10 sit in the senate: II
| the XVIth District. tine Republicans won. and
thc certificate awarded 10 John H. Derby
! Pcnubliran. and i'm the XVIII District, the Re
| publcans won AMI the certificate was awardc,
| to Gilbert A. Dcanc, Republican. But although
| these dcc.ions oppressed III Language that
could not be mistaken, although they were The
mandates of the highest court IN the State, adj
| dressed 10 o board Of ministerial officers over
| whom the court had complete jurisdiction, and
| although if jurisdiction were wanting. that Boaro
had expressly stipulated To- be bound by the court
! decisions vet for any effect they had upon The
! dcsrcrnte conspirators whom David II. Hi IL
wicked folly had bound together to do his bid
ding they might ~ well have been ne COMPOST