New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-10-22
FOR FAIR ELECTIONS.
THE DECISION OF JUDGES HERRICK AND
MAYHAM.
RIGHTS OF PARTIES TO SELECT THEIR OWN IN
sPEcToRs AT THE PoLLs-EFFEcT OF

sPECTORS AT THE POLLs-EfFECT OF
THE DECISION on LOCAL POLITICS
pRou TIE REGULAR CORRESPONDENT OF THE 7RrnrNr'
Albany oct. 15.-The Republican party suhered
so severely by not being permitted TO name us
own election inspectors in Lansngburg last spring
that its members will read with much satsiac-
ton the opinion recently made public here OF
Judges Herrick and Mayham. OF the Supreme
Court, in the Albany election case. In
their opinion Judges Herrck and Mayham both
Democrats, emphatically declare that a political
party has the legal right TO name, through us
county or city committees, its own election IN
spectors its protectors Of its rights at Inc
polls it's own men count all the ballots cast
at an election That right was denied the Repup-
llcan party in Lansingburg by the Democrauc
Board of Elections Of that village. acting IL Is
believed. under the inspiration of United states
Senator Murphy and the result followed when
every one expected. namely Democratic repeaters
were permitted to register their names and vote
and a normal Republican majority or SUI votes
was converted into an alleged Democratic one oi
600 votes and Lansingburs is being governed al
the present moment by the officers thus fraudu-
lently elected
But the decision Of Judges Herrick and May
ham has an even wider significance than the Lam
singburg case. The reduction of the number OF
Republican election inspectors in New-Hork Clty
from two to one. leaving the Democratic party with
two inspectors. to be followed by fur
Their modification of the election law which would
authorize the Democratic Board of Police OF New
York to the Republican election inspectors
Now they named by Police Commissioner Nc
Clave, the Republican Commissioner. from list
furnished by the Republican County Committee,
and the rights of the Republican party are pro-
tected at each polling place as much as one In
spector protect them. II the Board or Police
of New-York itself should name the Republican in
spectors, alleged Republicans. but actual Demo-
Gratis, would be appointed and the Republican
rty HAY
counted. False counting of the Republican ballots
at every election would follow, and Mr.. Croker's
prediction that he will soon produce election re-
turns showing 100000 Democratic majority in New
York City would come true.
Judges Herrick and Mayham by their decision.
however. have established the principle that under
the present laws of the State the Republican party
cannot be deprived by any trick of its right 10
name its own election inspectors. Possibly, also.
the voters of the State may discover in the pro-
visions of the Albany charter a method of insuring
honest count at the polls and the appointment
of election inspectors who will faithfully represent
the political parties to which they are accredited.
The charter of Albany provides Board of Elec-
ton Commissioners which is composed at the
present time of Mayor Manning and President
Arnatage of the Common Council both Demo-
Gratis. and Alderman Gregory. Republican. The
charter makes 1t the duty of the Election Com
mssioners lat least thirty days before any cleo
ton for each election district in said city TO select
two Of whom on local issues shall be of different
political faith and opinions from their associate
9zd of the same political faith and OPINIONS as
the majority of the electors in said district as de-
termned by the official canvass of the votes cast
by said electors for the different candidates for
Mayor at the previous charter election. The IN
spectors of election selected for the city OF
Albany to represent the party of the same political
faith as the minority member of said board shaH
be selected solely by such minority member Thus
in Republican districts the Republicans have the
majority of the inspectors. and in Democratic dis
tricts the Democrats have the majority.
The Board of Elections of Albany in the spring
of this year met TO appoint the election lnspec'ois
Ar I Democrat was elected chairman of the
board by his vote and that of Mr list Of
Republican inspectors, and 1t was adopted by ms
vote and that OF Mr. Armatage ma asG be WAS the
minority member of the board and had no right
TO name the Republican inspectors Then Mr. Man
spectors recommended by the Democratic "eherai
Mr. Armatage Immediately produced another nst
of men. asserting that they Were pe mo- I'D
this list adopted as the choice of the Board OF
ELECTIONS for Democratic ELECTION S that
Judges Herrick and Mayham declare to be invalid
mot the sv Se G en- If
Albany The Court substantially says to the Board
Of Election Commissioners: You dld wrong "heh
you refused to recognize the list of election in
spectors furnished in behalf Of the Democratic
Albany You did right when You adopted the list
Of election inspectors submitted by Mr. Gregory IN
behalf of the Republican party as represented by
the Republican General Committee of Albany;
Why did you recognize the General Committee OF
one party it's authorized representative and not
recognize the General Committee OF the other party
as It's official representatives," Judge Herrick de-
clares that the evidence in the shows that in
fact. of the inspectors credited to the Demo-
members OF that party The evil of having
a Board Of Elections assume to Itself the right TO
name the representatives of a political party is
thus made manifest
ject:
then perfectly apparent intention Of the
Legislature have election officers in the several
election districts Of different political faith
spponted who politically would have nothing in common.
except desire guard and protect the interests Of
party they represented Invasion by the other;
10 have selected who would in harmony with
each other but who would be in condition of watchul
and hostility 70 each that the electors Of
several parties would have guards, watchers and pro-
tectors. and each party being guarded protected in
its rights from invasion by the other. all would be pro-
tected snG honest election secured and the
Of carrying this 1t the evident intention that the
OF party should select tho election
Officers for the other party but that such selection should
be made persons in political antagonsm each other
1t Is knowledge that in municipal elections
Of opposite political faith State and National issues have
combined together LEGAL issues and bgancd the
Interests Of their parties State National issues
subserve their local interests As have seem the
general spirit and intention OF the law is the
appointment OF inspectors OF election antagonsc each
other and that the representative OF party shall
inspectors for the other party;
division OF the inspectors is concerned the test their
antagonsm local issues and those portions
refcrred Intended the carrying
intention into effect by compelling appointment
Of those political faith minority member
irving him absolute protection against the |
members Of the Board in his selection Of members his
party and preventing combination between
two members OF the Board select all the election |
officers for when such combination Is formed one
who combined against becomes the minority member
entitled designate list Of Inspectors himself
thereby defeating the object OF combination,
10 lec for those who have combined together do
feiec onicers of
On opposite political faith those designated by
thus forcing them the
spirit and intention OF the statute, which possibly
may have combined together 10 rhwart and defeat
He FOUND HE WASN'T NEEDED