The morning call., 1892-11-15
FOES OF ELLERT.
O'Donneli and the Election
Commission.
A MIXED STATE OF THINGS.
FarcicaI Charges Against Brown land
His Deputies-The Count Not
Yet Begun.

The FIVE Election Commissioners ranged
themselves In line behind the long desk
in their room yesterday morning. The
Mayor raped sharply on the desk with a
ruler for order. and the tedious official count
II the recent election was begun.
That part of the room set apart for the
public and the windows around the Regis
trar's Office were crowded. The most
prominent figure was that of the independ-
ent doctor, who roamed about with quite
retnue at bis heels.
Immediately after the rollesl Auditor
Smiley proposed the following resolution:
Resolved, That tie ccanvass OF election returns
shall be conducted in accordance with the fol
lowing rules:
Returns OF general elections to be first
counted.
The following named parties and none others
shall be permitted inside the railing during The
canvass: The Election Commits ioners, Registrar
OF Voters and his clerks, the janilor and police
man. two attorneys only for each OF the political
parties, the reporters for the daily papers, TWO
tally clerks. Messrs. Hughes and Gilmore on the
part OF The Election Commissioners and Messrs.
Fay and Zemansky on the part OF the Democratic
party and the attorneys for the Congressional
and legislative candidates who may express q
desire 10 contest the result OF the election.
ceded to. and it was no sooner so declared
when Mr.. Smiley asserted that ne had rea-
sons to believe that all the election returns
bad not been sent in. He asked that the
Registrar present the returns from the Six
teenth Precinct of the Thiriy-irst Assembly
District TO the board.
The Registrar was at that time st the Po-
lice Court in response to a warrant sworn
cut by Doctor O'Donnell.
Deputy Lewis was present. and said the
returns were locked up in the vault and
sealed by the Registrar. 1t could not be
opened without his consent.
The board then took recess till o'clock
10 give Mr.. Brown time to finish his case
and be present at the meeting.
Shortly after o'clock the Commissioners
again got in line and inquired for Registrar
Brown. Mr.. Brown was still at the Police
Court but his attorney, Andrew Clunie,
appeared and stated that his client would
probably be through with his case during
The afternoon and advised the board to stop
proceedings TIL this evening or to-day.
Commissioner Smiley said il was abso-
lutely necessary to have Registrar Brown
present, as be was under the impression
that al the returns from the precincts were
not in the custody of the Registrar.
Carroll Cook. who appeared in the in
terests OF DR.. O'DonneIl, stated that he had
in his possession positive preof that the
returns Of the Sixteenth Precinct of the
ThlTty-frst Assembly District were not In
the custody Of the Registrar, ana if the
Registrar did have returns from that dia-
trlet they were not official.
The Commissioners, in face of these state
ments, decided TO take recess till o'clock.
when the Registrar would be present and
have the disputed returns produced in an
endeav0r to settle the matter.
Registrar Brown was present when the
Commissioners again assembled at o'clock.
The perplexing question as to whether all
the returns were in or not was again taken
uD.
Registrar Brown asserted that he had
received returns from all the precincts and
made oath to that effect to the best Of his
know ledge.
Carroll Cook then came forward and
stated that all the returns were not in
that those from the Sixteenth Precinct OF
the Thirty-frst Assembly District had
not been received in legal form by the
Registrar, and that he had evidence to prove
II. He produced an envelope which be
said had been picked up In the Registrar
Office and which. he claimed contained the
ballots for the general ticket when sent in
by the election officers OF that precinct
The seals had been broken and the envelope
was empty.
The Commissioners instructed the Regis
trar 10 produce what returns he had received
from that precinct.
Deputy Registrar Lewis went TO the vault
and returned with five large envelopes. all
regularly marked. and one of which Mr..
Brown claimed contained the general bal
lots, and they were just as he had received
them from the election officers.
One Of The envelopes, which should con-
tain the tally sheets, had the seals broken,
and there was nothing in it. The rest were
sealed and in proper condition.
The empty envelope was a poser.
Commissioner Smiley was Of the opinion
that the returns were not regularly sent in
and received by the Registrar, and moved
that the board postpone the counting OF the
ballots until six days shall transpire, as
provided by the election law.
Everyb body tried to talk at once. and IN
the cOmmotion Mr. Smley's motion was
lost sight of.
Commissioner burst asked for the opip-
ion OF the attorneys on the matter, and Mr..
Dorm suggested that 1t would expedite
matters If the election officers of that dis
triet were brought before the commission.
and should explain how they brought the
returns to the Registrars office, and testify
as to the contents Of the envelopes
This action was decided upon, and the
Registrar was instructed TO notify those
officers to be present at the opening of The
commission meeting this morning.
Commissioner burst asked the Registra,
IL he had kept an account of all the unused
and spoiled ballots, and If be could produce
them.
he replied that he could not; that the
election officers had been very negligent in
that matter and that almost every day
since the election be has been receiving un-
used ballots.
Lawyer Cook said that he had In his
vault about 800 unused ballots that had
been picked up. also number of used ones.
besides several stubs and couple of ballot
boxes that had not been collected.
The Commissioners did not seem quite
clear in their duties as to canvassing the
unused ballots, and Commissioner burst
asked the lawyer TO look up the matter and
determine what action they should take In
reference to that matter. The commission
then adjourned to IL A. N. to-day.
FIVE DOLLARS A HEAD.
C fx44