The morning call., 1892-10-05

TO give the new party fair show was en-
pbstie and peremptory.
seek the courts" was their answer
Argument was Of no avail. ana the respect
full appeal of Is, coo citizens was calmly
Ignored by partisan board, three Of the
members Of which are candidates for re-
election on the Republican ticket.
When the board opened its session yester-
day morning Charles J. Swift appeared once
more before the board and made a request
that tie Non-Partisan ticket be given a
head, saying that the party had complied
with all the forms and we're entitled to it,
unless the new organization was forced out
of is rights by narrow construction OF the
law.
De desired a decided answer from the
board to the formal petition of the Nom
PsTtsans, so that necessary legal steps
auld be taken.
Commissioner burst replied that the board
----fy7iIT59ssS TO do everything necessar to
Iae.iitate this Nan-PaF tisBn party IN taking
s case to the courts. But IN rs far. said
CCmmi ssioneT, I'VE have heard no argQ-
snt to show that the Non-Partisans are
entitled to recognition, and would IKE to
hear you on that question"
And the Commissioners did hear from Mr..
Swift for about an hour.
III OWllE 6uIDaSSEQ HiittScll III al cAU-
Quent exposition Of the questions at iasu e,
lis points being mastery in their teTse and
convincing logic, and appealing TO the calm
reason Of all who heard him.
his address was that of the thinker who
had given an exhaustive study to the ques-
ton.
There was no buncombe nor bombast in
his speech. II was all sharp-pointed, close
chopped blocks Of logic.
He went into the details Of the Austria
Han ballot law, constituting section after sec
ton and showing eOnelusivelY that the Non
PartisaBs were party within the meaning
CT the law and entitled to a head.
Then MT. Swift passed into higher re-
gi0Bs and became eloquent without being
excited.
No right is more sacred than the elective
franchise" be said. "Our very Government
is based upon and had Its origin in this
privilege The constitution of the United
States makes this right the most sacred to
tie citizen. 1t expressly declares that this
right shall not be abridged or lessened.
But, gentlemen, il you do not give US a head
on the ticket you make it harder for US to
vote than other citizens who are favored
with a head. What is this but an abridge-
ment OF the most sacred political right
man can have in this greatest Of all eoun-
tries on the globe?'
The lobby broke forth In tumultuous ap-
plause. while the Mayor raped again and
again for order.
Nj Swift again referred to the statistics
and showed how a certificate Of nomination
fled by electors had the same effect under
the law, and was entitled to the same privi-
leges as a certificate OF nomination by poll
teal convention.
running fire of questions on the techni-
cal construction of the law ensued between
Commissioner burst and Attorney Swift. In
which the latter had the best Of the argu-
ment from the start.
N eli Cag1
missioner burst, shat the object of the Aus
tTalian ballot law was designed to prevent
new parties from getting on the ticket, es-
pecially sideshows and piece clubs, :who
fomerly mnlcted candidates for large
amounts? Was not the design OF the law
to restrict such politics ??
mo, sir" replied Attorney Swift
warmly "The designs and the scope of the
law was to place no restriction on the p0llti-
cal rights OF citizens.
Its design was 10 modify and destroy
despotism OF party conventions. and to re-
create the Independence Of the citizen and
the voter. The rule you would follow
would make it forever impossible for new
party to be created. Never, sir, was this
new law designed to give all power TO two
existing parties; its design was to free the
honest citizen from their denomination, and
TO leave the citizen untrammeled III his
rights.
Ex-Judge Currey followed Mr. Swift, and
sustained him in his views.
II do despise a narrow construction oil
the law" he said, especially construc-
ton that would squeeze all the substance
out of il. Ii one construction will give
Justice and another injustice, ii is a rule OF
law that the equitable construction shall
prevail"
Commissioner burst stated that he de-
sired to explain his position. He said be
had no doubt that equity gave the Non-Par-
tisans the right to a head, but the law ola
not, IN his opinion, and be was compelled
to vote against the application of the Nom
Partisans. He said he had great respect
for Judge CUrrey as one of the greatest
jurors in the State. but begged to be al
lowed TO differ from him. The Non-Parti-
sans should seek the aid Of the courts.
Commissioner 'Brien stated that be was
in favor OF giving the Non-Partisans
head, and was glad TO find that his views
were coincided in by such able men as ex-
Justice Currey of the Supreme Court and
Charles J. Swift.
Commissioner burst then moved that the
application of the Non-Partisan party for
head be denied.
vote: Ayes-SandeTsOn, Tilton, Smiley
and burst; no, O'BTien.
We will seek the courts, said Swift and
CurTey as they left the room.
The board then occupied all the after
noon In a consideration OF the names pre-
scented by NJ. A. Dorm for the kelly-Crim-
Minis party tor positions on the precinct
boards Of registration.
SUFFERS STANDING BACK.
Relly's HeeIers Are just Little Fear
full of Consequences.
Law and ar1ar wall fiiacol forpa