New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-06
ELECTION LAW CASES.
PoLICEMEN's RIGHT TO AN OPPORTUNITY
TO VOTE

POLLING PLACES
Maurice 3. Blumenthal obtained an orasr from,
Judge Beekman. in the Supreme Court. Yesterday
morning directing Theodore Roosevelt and the other
members OF the Board OF Police 10 appear before
him at I5 o'clock and show cause why writ OF
inandamus should not be granted requiring them to
give policemen time in which to vote Mr. Blu
menthal alleged that the Police Commissioners had
stationed nearly the entire force on duty at the
various polling places and that these men had
orders not to leave their stations until the polling
was over. They could not even leave their posts
he SAID Tor meals The men were assigned TO dis
trc:s he declared where they had not registered
Mr.. Blumentha asserted that this action Of the
Police Commissioners a direct violation Of Sec
ton $50 or the Election Law Of 1882 which provides
that any person or corporation not allowing en-
ployes time to vote on Election Day Is guilty OF
msdemeanor, and that the law expressly said that
at least two hours absence from his place Of bus-
ness should be allowed to every voter At an early
hour yesterday morning Mr. Blumenthal made a
round OF the uptown polling places and learned from
a number OF policemen that they wanted vote.
but could not do account Of orders OF the
Board
At l:20 President Roosevelt appeared with ex-
Judge Arnoux to make return TO the order. Mr..
Roosevelt asked Judges Lawrence and Beekman
for permission 20 address the Court. He said that
he would like to read a statement to the Court TO
to this statement which Mr. Roosevelt read. the
police were assigned as follows: 27s4 policemen at
polling places, l03 courts Detective Bureau and
Central Office. IS suspended lis Sick q absent with
leave. 3 absent without leave. 2lS in precincts
and 26 reserved in Central Office total, 1896
Commissioner Roosevelt then said that, so far
from having done anything to prevent the policemen
from voting the Police Board had done all IN us
power TO enable them TO cast their votes He as
serted that larger number Of the force had voted
Yesterday than at any previous election. he SAID
The 2ls in precincts represent the lui Hui'
Der we can draw upon throughout the city 10 re-
lleve those stationed at the polling places In some
of the precincts have only two men IN otners'
such as those where the Dalton and Delaney rae
tons assaulted an inspector last night we ma Ii
necessary to detail eight ten men. or even more
mon This Is essential for the public SAFETY.
Continuing Mr. Roosevelt said L have received
reports from Chief Conlin showing that al 4z;%
O'Clock 10 per Of the force had voted ne sa,u
that in the First Second. Fourth. Fifth seventh
Eighth and Nrth precincts more thah t"o.' 10
had voted and that by o'clock they ~ouid al nave
voted , ...,.
.rf vour Honors" said Mr.. Roosevelt, issue
4 mandamus l would not know what 10 oo' unless
v;o,ate the law. which peremp'ori! 0oA'''
that two men must be Stationed d. eaeA p Oo
Mace by withdrawing these men from their posts
ra,sd reventritt asked that the nandaihus oe
- "a sa,d that the Police Board had Issued
a. absolu,e order that man should leave MS
nos+ during the hours for voting even u ea''
This was in effect absolute provision "ea
ire ,olicemens voting. No effort mas oeeh maze
hv the Police Board" said Mr.. Leventrl'1 10 az
-, ,h.so mon to vote Mr. Roosevelt says tnat
,,t,aroa, have voted this year than in any
fo-,,ar year but that cannot be suostantiateu'
There seems have been distinct in'e".ioI vi
The part OF the Police Commissioners 10 uiSii 81
chse the policemen instead of endeavoring 10 carry
out the provisions OF the statute, wnicn pro'iues
that every employe is entitled 10 TWO hours III
urh,cb 70 vote Commissioner Grant proposed az d
meeting of the Police Board to employ 20" special
nolcemen to relieve the regular poilceheh' ou' MS
nroposition was rejected. To come into court anu
saw We can't do this. is no exoue for attempting
70 evade the law. l ask your Honors NOT 10 es'ao
usb a nrecedent In this matter by denying our ap-
plicatlon on the ground that 1t WAS not wen
founded .
In renlv Commissioner Roosevelt said that At hrst
he thought Commissioner GRANTS plan to nave extra
men was good one out that Mr. Grant soon De
came convinced that 1t not practicdole de
SAID that there no fund out o. whiGn 20 pay
qualified FOR the work required He then declared
that there no better pan IMAM the one auop ~ -
said that a few might not be able to VOTE 0ut
that this could not be avoided - o,a IN. #,
In denying the writ. Judge Lawrence saio 'n .ss :
the section OF the Consolidation act requiring shs
attendance Of two policemen at eaeh pGli,ns a
tmnerative provision. and there is qualification
70 + The polce Commissioners have done no mo e
man the hsg aa aSd it Woud be- great
authority the part OF this or any othet cSuic y.
government can see no evidence that the Po.ice
Commissioners have done any wrong, but that tney
have done al in their power to permit the po.cemen
TO vote and II II should transpre that certain men
have not been permitted 10 vote. the proper thns
to do is CAL the attention OF the Legislature TO
that fact. with view 10 remedying such state
of things in the future:
Although do not like to make precedent on
the spur OF the moment, desire TO say that Section
"A Of the Election Jaw does not IN my opinion p1I1
Department. but to cases In which employer ana
II is clear that the application for the writ must
Judge Beekman said he corcurred fully in all that
Emanuel l. S. Hart. a lawyer. Of No. 4Os West
renee in Supreme Court. Chambers. YESTERDAY, d.
sens the Inspector. OF eecion In the ThTty
show why mandamus should not issue COM
pelng them 70 permit Hart to vote.
about 9 o'ciock yesterday morning from the clerks
OF election. He went to the booth to prepare his
marking his ballot. Hart says thar the Inspector
declared he was not there for that purpose, and
pace. but returned almost Immediately and asked
% aSS s R S o This . s II:
vote h, having ass !; ss ii; ballot
writ Of nus no hod dns tina; BY leaving the poll
Alfred d Lind, counsel for John Burns a Tam
many man. obtained order from Judge Beekman
In the Supreme Court yesterday morning directing
the inspectors Of election in the Fifth Election Dis,
rlc OF the Xlth Assembly District to appear before
should not be issued to compel them TO accep:
Burns's vote. Burns lives at No 40 sufrolkst. and
when he offered his II refused upon the
ground that he had registered from No 6 Suffolk
St. He says that he his address No 10 SUI
folk-st and that the clerks made a mistake In
tering his address. The mandamus was issued
y similar order and writ were obtained by John J.
Neian Tammany man, against the inspectors OF
election In the Thrtv-third Election District OF the
AANllth Assembly District. His vote was refused
upon the ground that he did live at the number
from which he registered When he registered
Nellan lived at No r2 Lexington-ave. but week
ago he moved TO No. 04 Lexington-ave. Az both
Places are IN the same election and Assembly dis
ttlcts David Leventritt maintained that Neilan had
the right vote.
Judgs Beekman In the Supreme Court YESTERDAY