New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-01-30
AGAINST HONEST ELECTIONS.
DEMOCRATS TO REPEAL EXISTING LAWS.

A STRONG AND PUNGENT MINORITY REPoRT-
The FITCH COMMITTEES FINDINGS RID
DLEp-FAcrs OF SPECIAL INTEREST TO
RE::pENTs or NETWORK CITY.
IBY TELEGRAPH To THE IRBrSE]
Washington JAM 2y-severa! bills have been
offered nj this session BY Democrats for the repeal
OF the Federal Election laws. and on Friday the re
port OF the Fitch committee was submitted 10 the
House Of Representatives accompanied by Dill rr
the Same purpose There Is no doubt than an Inn
porant feature Of the Democratic programme In the
next Congress will be an effort 10 enact such iegi>!a'
ton or that the ordered at the last session
was designed pave the for 1t In case OF Demo-
cratic In the Presidential election The report
Of the Fitch committee Is partisan document winch
abounds In mi>sta,ements and offers "reasons' ana
submits recommendations which are either wholly I'M
supported by the testimony taken altogether IN
worthy of consideration.
on Yesterday the views" of the minority OF the
committee-Messrs. Ray, of NewiOrk and lIarmer, OF
Pennsylvania submitted by Mr.. Ray. who pre-
pared the paper lie Is a member Of tie Judiciary
Committee. well as of the Fitch committee ana the
document which he submitted is crushing reply to the
report OF the majority. II contains a great deal OF
Important matter, which IS not only Of special Inter
est TO the people of New York City, but OF great IN
terest t., law-abiding people everywhere who believe
in and desire honest elections. At the outset the
minority points out that the investigation was so
arranged either BY design accident as TO inter
fere as much as possible with the proper exccuSon
and administration In the city Of New-iork OF the
election laws of United states in the last Con-
gressional and Presidential elections" In support
Of this position 1t is shown that although Congress
adjourned Oh August nothing whatever was done
toward executing the order Of the House of Represent
atives until october TO- less than three weeks before
tho day of election, and at time when the offcals
charged with the execution Of the election laws were
overwhelmed with the work of preventing illegal regis
ct tricf
Attorney Mitchell and United states Marshal Jacobus
was taken, which occupied about two hours when the
committee adjourned until october 90 two weeks prior
to the election. Between that date and November
five meetings held the last one being on
Election Day, November 6.
The minority report then recites the conclusion OF
the majority OF the committee that the election laws
shave entirely failed produce any good results In
the direction OF the purity OF elections the prOtec
ton OF the ballOt-bOx and have been productive OF
such serious results that they ought ut once to be
repealed In support OF this conclusion the majority
gave four "reasons" which cited by the minority
as follows
Frst-because they result in no convictions OF Of
tenders and therefore useless TO prevent or punish
second-Becausc they cause great expense and are
fruitful Of constant and continuing frauds upon the
Thlrd-Because they designed TO be used only
as part Of the nsnery Of Ra to Ssq om
the polls the voters OF the opposite party.
Fourth-Because under and by virtue OF these laws
interference With the personal rights ana
liberty Of citizens occurs and voters are punished By
arrest and Imprisonment for their political opinions
The minority report then proceeds 10 demolsh these
areasons,n and TO expose the Measurements upon
which they rest. Tho minority admits that the exc.
cution of the laws has been attended by great ex-
pense but finds evidence that they are fruitful OF
constant and continuing frauds upon tho Treasury
and suggests that IL the assertion be true 1t Is the
duty OF the courts and the Treasury Department TO
.ofl lie
scented for payment, and remarks that no good law
should be blotted from the statute book because dis
honest officials commit attempt to commit frauds
upon the department charged with the payment OF the
expenses attending its execution The minority cites
the statute regulating the pay mcnt OF such fees and
expenses, and remarks at is difficult TO imagine
more thorough and efficient law on this subject We
have not discovered any evidence OF dcrtcton OF ou
on the part of the Federal Judges who have passed
OH these accounts Of the DstricAttcrney. except
possibly In one CASE The facts In regard to this
case over which the Democratic members OF the COM
mittee have tried TO raise hubtub set forth
as follows:
"Abram j. Rose assistant United States
Attorney for the Southern District OF NewiOrk under
Mr.. Stephen A. Walker who was the District-Auor-
ney from March. 1885, TO September. 1889, and he
continued to act assistant TO Mr.. Edward MITCHELL
who was appointed and took the Office September Is.
1850. 1t appears from the evidence that Mr.
Davenport presented certain accounts to Mr.. Walker
have the same presented In court for taxation and
allowance but that Mr.. Walker declined TO present
them, whereupon Mr. Davenport withdrew the accounts
and did not present them again until Mr.. Mitchell
was appointed Distrct-Attorney. Mr.. Mitchell re-
Quesed Mr.. Rose 10 go into court and attend to the
taxation and Mr.. Rose attended court accordingly
for the purpose, we assume OF performing his sworn
duty as an Assistant Distrct-Attorney Of the United
States and for the purpose Of seeing that the accounts
OF Mr.. Davenport were properly proved in court
Mr. IN rOrf and
Mr.. Rose. the Assistant District Attorney Mr.
Rose neither made nor suggested any objections TO
the accounts. nor did he examine or offer TO ex-
anime Mr.. Davenport, he prevented from
doing his full duty In the premises.
Mr. Rose admits in his testimony that he did
nothing OH this occasion. lie does not suggest that
there was anything wrong with the accounts, or that
he suggested to the presiding Judge that there was
anything wrong in them. AS the Assistant District
Attorney made no objection the Judge was quite right
In assuming that they were correct. 1t is not now
alleged or shown that there was an improper charge
In the accounts We do not think TINT Mr.. Rose
was 50 tmid that he dare not raise objections had
any existed nor do we think that he stood In such
Of Mr.. Mitchell that he declined to do Ills duty,
or that he refused to have proper examinations made
from the desire retain his Office under MI Mitchell
We are bound TO assumc that Mr.. Rose knew his
duty and knew the law n1d"r "hi"h the accounts
were being audited. TO think otherwise would be
10 convict Mr. Rose OF incOmpctency Or dishonesty,
and Mr.. stephen A. Walker OF having appointed and
retained in Office incompetent assistant"
In reply 10 one reason offered by the majority
why the election laws should be repcaed-that Is Oh
the OF the great expense attending Their exc
cuti0a-the minority has this 10 say:
iNo law can be properly executed without the ex'
penditure OF large amounts Of money. but hardly
expected 10 find law.abiding citizens c0nending for u
repeal OF criminal laws because Of the attend
ing their execution. Good government always has
ha a.. bav
been and always will be evl disposed persons In all
communities ard all good citizens ready and will
ing to contribute their share to the great expense
necessary for the protection OF society against them