New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-07-13

law WILL not be applied there. In short, those
regions arc embraced In the law only for the
sake Of getting around the Constitution. Ma
nouyres of this sort are familiar In legislation,
but TINT fact does not make them reputable.
In this instance the device Is rendered espe-
cially distastefu by the circumstance that II II
recommended In furtherance Of plea based on
high moral and civil grounds. Our belief Is
that the loyal. upright citizens Of this state
upon whose support the Republican PARTY must
always rely for success. are offended by any
thing which savors Of political trickery, and
will think i'll of the measure under cOnsidera-
ton for this reason Technically II Is proDa-
bly, not q violation Of the Constitution. but we
are not so sure that the main feature of the Dill,
providing for the appointment by the Gov
ernor of n Supervisor Of Elections for the met
ropolitan district. to have full control OF cleo
ton matters and authority over inspectors
named by him on nomination OF the political
organizations. would stand the scrutiny OF the
Court of Appeals Article III. Section g. Of the
Constitution Is as follows:
All laws creating regulating or affecting
boards or officers charged with the duty or reg
isering voters. or OF distributing pailots AT the
polls TO voters or Of receiving, recording or
counting votes at elections, shall secure equaI
representation Of the two political parties when
at the general election next preceding that TOT
which such boards or officers are to serve, cast
the highest and the next highest NUMBER Oh
votes. etc.
1t is true that this provision is badly worded,
that many intelligent men frankly confess that
they don't know what 1t means and that no.
body can safely predict how the court would IN
terprct 1t. But it is remarkably comprehensive,
and il appears TO Us that the spirlt, II not inc
letter of the Constitution would be violated by
n statute giving to a single lndlviduai SUCH
powers as 1t is proposed 10 vest In supervisor
Of Elections Its validity tertai1ly could not De
logically conceded by those who hold that
police board exercising similar powers must be
a bipartisan body
There is another point which concerns the OPP
Grafton though not the validity. OF the bill. Inc
intention is. II is said, tC send subordinates oil
the Supervisor in considerable numbers to vari-
Gus suspected polllng-places and to exclude the
police therefrom, thus avoiding controversies
and conflicts But is it supposed that the Chlet
Of Police will acouiesce In this arrangement!
And If he chooses to disregard 1t, who Is 10
coerce him? 1t Is the duty OF the police to pre-
serve life. property and order in all parts OF
the city. and we fail to see how they can be de-
sired or expected to avoid that duty around the
polls Assuredly Chief Devery, whom Gov
ernor Black. with doubtful propriety. however
Justly. has held up to public execration as
scoundrel In a formal message to the Legislat-
ure, Is not likely to yield his lawful authority
to an election officer appointed by the Governor.
Such an attempt to transfer police powers
would be more likely to produce riot than an
honest election.
These are some of the objections to the pro-
posed bill which a first consideration OF 1t sug-
gests They may possibly be removed before 1t
Is ready for presentation TO the Legislature;
but. as we have said repeatedly. we have little
faith In any artificial scheme TO interfere with
the natural operation of municipal machinery
which the people have deliberately set In mo-
ton The voters Of NewYork knew well
enough what the return of Tammany to power
would mean. and we doubt II their condition or
prospects would be much improved by the pas
sage of a special election law in their nominal
interest. 1t is more probable, in case the at
tempt is made, that the Republican majority at
Albany will bring odium on themselves and the
party by their support Of some Jude, costly, IN
efficient and inequitable scheme Of relief