New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-17

The Court Of Appeals yesterday handed down
one Of the most important decisions Of recent
years affecting the registration Of voters from
public institutions The practical effect of the
decision is TO establish the rule that under the
provisions Of the Constitution, person can
claim voting residence from institution
supported in whole in par by public or pri-
vate charity. The case in which the decision
was rendered was that Of Frank McShane, who
registered as a voter from Bellevue Hospital
at the last election, and arrested by John
McCuIlagh, State Superintendent Of Elections
on the charge of Illegal registration.
For two years Superintendent McCuIlagh has
commended that no person in public insutu-
tons had a right to vote therefrom, and, in
1898, that being the first year of the establish
ment of his department. he caused the arrest
of 147 persons In these public institutions who
had registered for the election of that year.
Sixty-four of these cases were dismissed by Dis
trict Attorney Gardiner in one afternoon
Twenty-seven persons were indicted by the
Grand Jury of 1898. having registered from
these institutions and in the only case tried a
conviction was secured by superintendent Mo
Cullagh before Judge Cowing. At the request
of the counsel for the defendants. and upon the
request of the District Attorney. who stated
I'm his letter to the Superintendent that fur
Their attempt would be made to violate the law,
Superintendent McCulagh Joined in request
70 Judge Cowing that the remaining indictments
be dismissed
In 1899, through the connivance of the per-
sons interested in securing registration from the
public institutions, a fake" case was presented
10 Justice Bookstayer. asking that the name of
a person registered from the City Lodging
House be stricken from the register. Upon a
misleading statement Of facts in the moving
rr--&
days of registration of 1899. refused to strike
the name from the register Of election, on the
ground that the man registered had a contract
which gave him his board lodging and clothes
in return for services performed for the city
and was entitled to register.
AS q result of the decision Of Justice Book
staver a large number Of paid and unpaid help
from the various institutions Of the city regis
tered as voters from those institutions for the
election OF 1899. Superintendent McCullagh
fhereupon ordered the arrest Of the persons so
registered, warrants for their apprehension be-
ing issued by City Magistrate Olmsted
In attempting 10 secure the warrants on the
day of election before these men voted. Super
intendent McCuIlagh and his deputies came into
a serious clash with the police under the COM
mand of Captain Hasslacher. who ordered out
the reserves with the avowed intention of pre-
venting any interference with the alleged voters
until after they had voted Superintendent Nc
Cuagh in person arrested McShane despite the
interference Of Captain Hassacher. McShane
was held for the Grand Jury by City Magistrate
Olmsted a charge Of illegal registration and
voting. McShane's counsel secured a writ of
habeas corpus and certiorar and the Special
Term ordered his release.
Deputy Attorney General Hammond acting
for the Attorney General. appealed from the de-
cision of the Special Term 10 the Appellate Di-
vision. which reversed the decision Of the latter,
dismissed the writs and ordered the prisoner
renanded TO the keeper OF the City Prison for
trial An appeal was taken by the prisoner
counsel 10 the Court of Appeals, the argument
sag, hold 2Iorrf doxrg
der the decision Of the Court Of Appeals the
contention made by Deputy Attorney-General
Hammond behalf OF the people is sus-
tanned, and the Constitution construed IN such
manner 70 preclude for the future the right
OF any person 10 vote from public institutions
A large number Of similar cases will be
prosecuted TO a final conclusion, and the decision
OF the Court OF Appeals places the police au-
fhorities Of the city Of New York in escate
position owing to their interference with the
State Superintendent OF Elections in what the
Court Of Appeals has decided was his duty.