New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-02-15

TIE LAW OF ELECTIONS.


The necessity Of stealing the Senate in order
TO get it did not appear to the Democratic
managers until the time had gone by within
which they could tamper with the returns them
selves The inspectors Of election had performed
their whole duty and were discharged of their
responsibility, and the returns were filed and a
final record with regard TO them had been made
before Hills desperate scheme developed. Ii was
plain that he could not make the figures other
than they were The only thing he could do
vas to secure fraudulent certiiication Of their
effect The functions of each individual part Of
the electoral machine In this State are defined by
the statute with rigid eXactitude. No chance is
anywhere left for mistake misconception, and,
il there WERE the courts have long since disposed
Of il by "A line OF decisions holding that the law
means just what it says and says just what it
means. The election nspectors-that is the per
sons who have charge of the polug-booths and
boxes in every precinct--under whose supervision
the Lsllotng goes on. are required Immediately
upon the closing of the polls TO begin the can
vass Of the votes, and they forbidden to ad-
journ until their work il fully completed They
are required TO proclaim the result az TO each
candidate Immediately upon its ascertanmcnt,
and when the Ca n yasS has been fully completed,
20 make a statement Of its results upon prepared
form which must be Immediately and within
twenty four hours after The completion OF the
canvass filed in the Office OF the town clerk.
Verified copies Of this statement must be Delivered
TO the supervisors of the town or ward, ana 10 the
county clerk and this business must be trans
acted and the inspectors must indefinitely adj
iourn within twenty -four hours after the canvass
has been completed.
One week after election day the supervisors
Of the county, each of whom has in his possession
the INSPECTORS returns from all the polling pre-
cincts in his town or ward, must meet and or
ganize as a Board of County tanvasscrS. Their
duty is ministerial and arithmetlca. The county
clerk meets with them their secretary. Inc
returns from each precinct are examiner and the
precinct totals rs 10 each candidate are added
together and the results as 10 majorities or piu-
ralitics discovered The board has power 10 Issue
a certificate of election for each county once, anu
is reouired TO make out according to given
form a statement of the total vote received IN
the county for each candidate for State office
to fle the original of that statement in the Office
Of the county clerk. and it is the duty of that
officer to send by mail three copies of 1t TO tie
State capital. one addressed to the Governor, one
TO the Secretary OF State and the third 10 the
State Controller. Each of these officers, then,
county AZ 10 candidates for State Offices, and they
are rcouired 10 file the declarations they have
received in the office of the Secretary OF state
the pnrpose Of the law in calling for three such
statements being TO see to it, beyond all chance
of miscarriage that a true return shall be In the
POSSESSION Of the State Department.
The Secretary Of Stale the Controller, the State
Engineer and Surveyor, the Attorncy-General ana
the STATE Treasurer constituted Bolrd OF
State Canvas-ers and are required to perform
the same arithmctical and ministerial duties
in connection with the statements sent up from 'he
counties that the county canvasSers were charSeu
with in connection with the returns from pre-
cincts and towns The Secretary oil STATE lays De
fore the board all the statements received ny nun
from the county boards, and the to'al 'o" lot
each candidate for State oihcc Is cohpu'eu' 'he
pluralitics and maiortics are ascertahcd' 'hc re-
srI, i, each case il declared and certificate Of
election is issued in conformity Herewith.
OF UNMlsTAKABLE IMPORT
T. is anparent from this analysis Of the law that
neither the county canvassers nor the State can
,.osscrs have any iudicial duty. The law nowhere
authorizes them to do anything except add and
suhtroct and declare the result of that mathemat-
zeal performance
Thcv have nothinc 10 do with questions Of fraud
m the mart Of either voters election Inspectors.
They must take the returns as they receive them
and without question. They cannot inquire into
any ALLEGATION which in any way challenges the
correctness of fine returns All such functions are
lodged in the courts Any candidate, and, indeed,
any voter who thinks himself wrongcd by any Kind
IF misconduct. whether on the part OF voters or
inspectors. has "A sure. quick and easy remedy in
the courts II is obvious, from the face OF the
,.stutes that this is the law, and the reason OF
the law is eaually obvious II is necessary to have
, machine for the ascertaGmcnt Of results all the
way up from the lowest grade oi oilceS 10 the
HIGHEST and of course a no point IN the perform
once or :, work which is necessarily one OF simple
mathematics should there he n pause on the part
of the matbematicians u inquire into the character
and voluc of the votes they are counting. If can
vsssers are to be permitted to throw out and put
in. t. make their figures correspond with their own
partis,n desires instead Of TO the returns east
and counted ON the night of the election it is plain
that no candidate and no party il secure from
fraud. Whatever the people ordain can be can
a.srdr into whatever suits the taste and fancy OF
the canvasser.
In long line of decisions nowhere interrupted
tho courts have repeatedly assured the boards Of
canvassers that they are without discretion TO 90 De-