New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-04

tbouqb +t court Tins decjded do not think the state
Boord had any power to reject those vo'e'' 40 'a.a
about the SHERWOOD case the So-caled dec'ioh 'oo"
these ballot, was extra JUDICIAL The real 'rlD"nai =
the Senate and the board bound to Jake tic o'e
certified to them. and grant certificate aceo'u'sH
1T * evident from all this that. although the 'oulU
Of Appeal has stripped boards OF canva>ScfS u 'oi
assumed Judicial powcrs-and that was lfe oiS va va
question involved in the dispute-there sho"lu pc "
amendment 10 the law. strictly limiting anu '''"''''
defining the powers Of such boards ,-.,.,.,.-
"Ano her thing can lie stated about these ueci'o'''
The Cont Of Appcals acting under ,tpulatoi' gave
certain decisions and expressed certain op'hohs' io
example four OF the judges gave M OPINION th'' "o
transp posed ballo In Onondaga County were 'o'u' ana
five OF the judges said ;at, in their OPINION SLer" o'u
was ineligible. But that Wa not !auEc a a., ~ com o
legal sense because, although IL mlght Dihd tne e1 1
sceice II could not control ,he actions Oi any DouN
1he court lad jurisdiction to dcter!hne tacIc p" ,
,,nIition or otherwise The tribunal having eX-
elusive jurisdiction to determine such qnesu9ns ~ ~
the senate That iurisdic ion was gwen " te Soi.
stitutiol. and cannot b. taken away eAccpt ~ a
eonsoaal The h s SPI oa GI inc in c
inc any ballots In the Derby case the court ulii
mousy said that the duty Of ire boaT - dopph ic ~,
ministerial If that be true land there !, no aouDt .,
in The Hoard was bound 10 count all ballots the vod
ones as well the valid ones and II wnS ponu ~, ~
eligible They had no power TO do anything except TO
sum up the nFes sent to pn ,e dnn ~ did not give them
power 10 90 beyond that did il assume to 90 so.
Therefore that the deron IN the per E,vn oae
10 the whole situation. II the Board had BEN guided
by that decision they would nave gwen ceipoatc'
Peck and sherwood. and let the question a. 10
Which the Court of Appeals merely gave then opion
to be decided by the only CONSTITUTIONAL upu"" Ill
nav" Another suggestion. Governor Il vetoed the
Blanket BALLOT BILL and one OF the grounds wa wa, ,hat
snch AN act would result In DISTINGUISHING iihtcTaic
voters and was therefore unconstitutional iile MUIR
scheme OF separate ballots DISTINGUISHES hindtdN o,
li,erate and lterate voters alike without The slightest
fault ON then part and four Democratic Judges ~.
that does not violate any principle OF orr ihuhe''
law. 49,. . .,. ,,-o - ,,,o
vision of Section 81 OF the ballot act tie ground Tor
their opinion that the Onondaya County trahsposed
10 ballot that has not the printed of'ial indorc
mani shall he counted eNceP such arc voted IN az
coanc with the provisions Of seCSn y Of fhls a @,y
bc voted The sentence ! quote from section III has
believe been in every baotrciorm sct that has been
introduced and has therefore been beior, me eve OF
icrsG tors, lawyers and everybody for several year..
| think that no one ever supposed II meant anything
more than Tat ballots were not To lie
countea except rs provided BY section ol Which had no
OFFICIAL Endorsement whatever upon them and were con
snornty hot official ballots. II never occurred "a any
Que tirt ballot should be rejected which was ohic1
course rho provision prepared with reference 10
blanket haliot. and there was no thought of such
iransposron or it, effect because II would not have
been possible with the blanket ballot IL seems 10 me
iha4 fhe rejected ballots official ballots In every
snnsc and should not have been declared void merely
because there was wrong number Oh them. II tliey
were not official ballots there were no Official ballots
OF that kind al the polling pncc ana thercl3e tncv
cond be used as unofficial ballots andcr section IL
Fear i'm mind that thee ballots we're not declared Vld
under any provision nulliN Ing ballots marked By IN"
= DO not criticize the opinion Of tfr majority Of
the court. but do say that the opinion was srtt
a. / know. thought that such consequences could
now from the provision mcniioned.'