New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-02
BAD FAITH, SAYS MORGAN
He Blames Tammany Lac Commit
tee Because of Election Case.

That there a distinct breach OF faith the
part of the Tammany Hall law committee was
charged yesterday by George W Morgan. State
Superintendent of Elections. in that it brought up
for a hea ring before Justice Mccall the case Of
Charles Clark. held for the grand jury a perjury
charge because of statements in his challenge
affidavit" which case Mr.. Morgan considered weak
from his point of view and did bring up at the
same time another where Mr.. Morgan
thought his contentious borne out in much
different fashion. the Clark case IL was not
alleged that the man had wilfuIly made misstats
ments In fact he dismissed by Justice Nc
Call who held that he had intended to
perjury, but in the case which Mr.. Morgan wanted
brought up at the time the mans statements.
he declared. had failed of verifcation entirely.
This case, it is understood, will be brought up to-
day.
Henry w Unger and Abraham Levy. arguing be-
fore Justice Mccall yesterday in support of writ
of habeas corpus obtained in behalf OF Clark,
declared the election law unconstitutional par
ticuIarIy being special legislation and as tend
ing to disfranchse citizens entitled 10 vote. They
declared that Clark was wrOngfully held for per
tlr,- as the statements alleged to be false were
not material the issue, his right 10 vote.
Justice Mccall observed that, while he did not
desire to shrk the consideration of the constitution
aItv of the Election law if requested TO consider
II he would prefer to deal with the case on the
question as to whether Clark had committed per-
trv He should sustain the writ and dismiss the
prisoner. This was done Mr.. Levy said he had
Morgan consented to their discharge he would get
=. writ of nabeas corpus in every case.
Mr. Unger said;
II is unconstitutional being special legislation.
for il provides that except in cities villages OF
5000 inhabitants over voter need not attend.
where a nonresident, for examination by the in
spectors election. In large cities, however tho
eecor is compelled TO submit 70 cross-examina ton
at the mere whim caprice of the inspectors and
to answer questions which have no earthly bearing
on his right to vote
The learned magistrate who held Clark said
The statute says that person who makes false
statements guilty OF perjury.
IF ne does so wilfuIIy knowingly" put in
Justice Mccall
He did not say that" said Mr. Unger
1T is the most arrant nonsense. Justice Mccall
said hotly. that there be any such law as
that"
Counsel conteuded that the prisoners statement
that his employers address was No. IS East Broad
way instead of No IS New Bowery was not his
/ mistake. but that OF the Board of Inspectors. In
ars they maintained. his answer was not
! material to his qualification to vote.
Counsel for both sides agreed to withdraw all
/ questions to the conStftutionalty of the law
Mr.. MOrgan's case concerned one Mccarthy who
when challenged swore that he worked for one
Edelsten, at No - StantOu-st. Investigation by
deputies failed 10 find any Edelstein at No 8
StantOn-st. This. Mr. Morgan holds. was a de-
iberate, false statement. and his views will be
argued by Deputy Attorney General Collins to-
day