The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-21

Orders From Morgan and Odell Are
ulegaI-BOard OF Elections Also so
Ad,ised-Tammany So Instructs Its
Men-Halpin Threatens to Remove
An, Republican Inspector Who Fol-
lows the Attorney GENERALS Advice.
Deputy Acknowledgement Cornelius V.
Collins sent a letter yesterday afternoon
to President Voorhis and the other mem
hers of the Board of Elections transmitting
the opinion given by him to Supt. Morgan
on Monday to the effect that Mr.. Morgan
had no authority to call on inspectors OF
election to challenge from lists put in
their hands with nothing to back them by
Mr.. Morgan. The Deputy Attorney-Gen-
eral requested the board to call the atten-
ton of the election inspectors to the opinion
for their general guidance as to the law
on the subject" similar letter was sent
TO Commissioner McAdoo of the Police
department.. This opinion, as given to
Mr.. Morgan, said:
concerning the conversation / had with
YOU this afternoon in regard to you being en-
nowered to call upon the inspectors or cleo
ton TO challenge certain persons whose
names and addresses you may have furnished
them, without you or one OF your deputies
being personally Icduh'ps ''N-
challenge, beg to advise you that after con-
alteration of the question and an examination
of the law | am of the opinion that the law
does not contemplate any suoh condition.
The letter and opinion reached the office
- the Board of Elections at 4 o'clock, too
late 20 President Voorhis said last night,
for The board to to act on the request that
the attention Of the inspectors be called
ri. % h,a ri has haan TO
furnish the inspectors with the election
law and tell them to follow 1t. No orders
as 70 what the inspectors were to do other
than this have ever been given. Inc
BOARD of Elections is to meet to-day,
and the Deputy Attorney-Generals request
will come up. President Voorhis said last
night that. even should the board vote to
promulgate the opinion it would be almost
inpossble TO get sufficient copies printed
and distributed in order for it to reach all
the inspectors of the greater city even by
tomorrow.
BOARD OF ELECTIONS THINKS 80, TOO.
The opinion" said President voorhis
last night, Il regard as thoroughly sound,
and | agree with it perfectly. / think
can say that the whole board feels as do.
The action of Mr.. Morgan In furnishing
the inspectors with these lists of names
and directing them to make challenges,
BY proxy as il were, WIS an assumption
Of authority ON his part unwaFranted by
anv law. Mr.. Morgan, whom I have never
even met in a most surprising manner
undertakes to send out directions 10 come
1850 boards over which he has not the
slightest control He had no more right
tn do r. than I have to order an elevated
or-.I ,.-a a., 80, d. st. Itr,
fallroao euaau % sVop oi,e LIAM pos-
sessed tho authority, snould not hesitate
to advise the inspectors that any directions
about their duties from the Superintendent
- T1...;o.,. ro+ contained IN the law ,bot
u Aie 80 Nv -. - =. - - ''.. 10.
IS oe1ole Snein my" % uiAI eeaiueo ue'eriy
challenge persons In any such way is wrong,
a. the eleotion law provides for no such
III. r, anv ,nanectora henoefortb ohev
tlus. S 49,. ". 49,. ~.
any snon eSan - :, 60. ~ hr,u,. ms
deputies shau % m iavor OF bringing
charges and disnnissing them at once.
MORGAN WON'T BE Advised.
Before sendlne dis letter TO the Electlon
Board and the Police Commissioner, Deputy
Attorney General Collins had q long inter-
~ ui,h Mr. Morgan Ha said altar
view WIN 'i MIL e"A' e"'o '''e
WARD
MI Morgan INFORMED me that ne IN
tended 10 call upon the boards Of elections
to aid and assist him in the performance
of his duty under section z OF the Metro
potan Elections Law. He stated that
under the provisions Of that section he had
the right to expect that the election in
spectors would, In every instance, challenge
person presenting himself whose name
appeared upon the Morgan list l do not
tnnk that unner the autnnrity conferred
upon MN py thls section ne can require
1he inspectors TO chailenge IN al instances.
me inspectors are oiscr etiGnary oLlceIs IN
so lar as determining whether or not they
have reason 70 suspect that person pre-
sehtlng MInseu ior registration rs not
guy quan,eu aiio thab ulscrettoh canloi
De olrecteo py hr. Morgsn. l nave asked
that the opinion OF mine to thus effect be
sent TO tne mspectoTs OF eiecsion because
the Attorney Genera Is the o1noer 20 orig.
naly interpret tne law ior the guidance OF
state ofcers. there is no DOUBT In my
MIND That the various boards OF inspectors
WI be entirely lustlned IN reIying abso-