The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-18
R6CKOuT FOR ODELL'S LISTS
NE CAN'T MAKE INSPECTORS
CHALLENGE on THEM.
uorsans own Legal Adviser, Deputy
Attorne, General Collins. Warns Him
His Deputies Must do Their Own
challenging, and at Their Personal RISK.


,I,s Deputies Must DO Their Own
challenging. and at Their Personal Risk.
Deputy Acknowledgement Cornelius f.
Collins. who was assigned 10 assist Superin-
tendent Of Elections Morgan in preventing
fraudulent voting, has rendered an opinion
that applicants for registration cannot
swiftly be challenged from heller SHELTER
lists in the hands OF persons having no
rnoyledge on what the challenge is based.
This Is taken as a knockout for the beautiful
.ney system" OF which 30 much was made
last week.
a., When Mr., Odell made his house to house
.,rd cunvess of the boroughs Of Manhattan
and The Bronx, spaces were left in the
cards TO enumerate the names Of persons
who appeared on last years enrolment
lists who had either moved or were not
traced The cards, when returned, showed
that about 25O,oo0 persons had changed
their residence, had died or were not ac-
counted for by the canvassers. Undoubt-
edly there were not actually 80 many re-
moyals or deaths, and as to the mot &C
counted for it has become a joke among
Republicans who understand things as
they are that the canvassers filled up the
cards haphazard and without attempting
the thorough canvass that the Governor
Chairman was paying for. 1t is known that
in hundreds of instances the canvassers
in the case of a tenement apartment house
never went beyond the front door. They
examined the names over the letter boxes
and let it go at that, '
When the cards were returned Governor
Chairman Odell had a lis made OF the
names of the voters who could not be
found and sent the whole bunch of a quarter
of million names to Mr.. Morgan with in
Cructiors to challenge every one whcss
name appeared on the lists,
1t was said yes erday by Mr.. Odell's
friends hat this work did not COS. more
than $50 OOO because mes of it was under
taken by the Assembly district leaders
and the election dis riot captains. 1t can
be stated, however, on the authority Of
one who is in a pc sition to know rather
accurately that $l5O,OOO was expended,
and that by impeding registration and
voting Mr. Odel h oped to reduce the Demo-
cratic majority in this city by at least $4,000
votes
The names having been sorted by police
precincts and dis ributed to the police
In the form Of challenge lis 8, orders were
given tDdI every IHdIl on he lb Oo
challenge when he attempted 10 register.
On the frs. regis ration day hundreds
Of men were challenged whose right to vote
couli not be ques toned. The fuss which
was raised by Charles F. Murphy and other
leaders of Tammany Hail. and even by
order on Saturday, the second registra-
ton day, and now Deputy Attorney-General
Collins seems TO have given the quietus
to tho whole scheme by declaring that
persons cannot be challenged simply be-
caus, their names may appear on some
-lis." and that one can be legally challenged
only by an official or an elector who per
sonally has reasons to suspect that the indt.
vidual s,eking to regis or is not qualified
to vote.
Mr.. Collins who is Supt. Morgan's legal
adviser, advises him as follows:
this afternoon. in regard to you being en-
powered to call upon the inspectors OF cleo
on to
them, uithout you or one OF your deputies
being personally present and recurring such such
cha llenge, | beg to advise you that after
consideration OF the question and an exami-
nation OF the law, am Of the opinion that
the law does not contemplate any such con-
In Section "a Of the Election law Of 1893,
st the bottom Of page +s oil eT WEI Man%a,
ANY, person who applies personally to any
board OF inspectors for respiration for any
Ss hs ap By amy Sat tSe
c cSSIiSnge Of any psrson WITHOUT his being
that the law requires that the person chal.
Longing iha BY his eohibs 59ss
nor with intent to hinder or delay either the
applicant in the exercise OF his light to Cister
Of their the duty duty. That Subdivision Continues as
follows: IF such applicant be SO CHALLENGED.
P TIsn is not entitled, DC. -ihe is hereby
authorized to and shall administer to such
tss fhf il tha no member of
the board OF inspectors shall challenge, un-
less he shall have reason to suspect, which
bis cha nenge must not be at, the direction
Of another or upon the suggestion OF another.
but because he himself has reason to sus.
Knows nothing OF the matter or of the, person
D s Faosv fsT ehe
person 60 to challenge. am Of the opinion
that tho law does not contemplate any such
an Inspector may be directed in writing to
challenge number, that number might be
sed 5eyOpdd Lint 50 that the dst
and that Course Of action might very easily
become an intimida ton and coercion: ,,,..,
Election law. which provides fol-, the aid
and assistance OF public officers for the State
Super intendent, you will note that the Ian
guage Is as follows: The State Superin-
tendent or any deputy may call on any per-
son to assist him in the performance OF his
duty and again amy such person. PUBLIC
officer, deputy or subordinate who SHAH
fa1 TO render such aid and assistance in
the performance Of his duty as he shall de-
msnd shall be guilty DC.
deputy must be an eleotor to procure his
appointment, and he being in attendance
at the polls may have such aid and assist
snce as Is REQUIRED; but 1t cannot be con-
eeived that deputy being 30 present at
the polls should require aid and assistance
in stating his cha llenge to the board OF In
spectors.
! am also Of the opinion that the law con-
templates investigation by You, and that
your challenging or NEGLECT to challenge an
applicant for registration must be based
upon the result of your Investigations, and
that the challenges are to be by you OF your
deputies, and the persons proceeded against,
unwarrantcdly lnterfered with, may have
redress from You or the deputy 80 challeng-
ing A little thought given to the subject
will exhibit that this Is one Of the cases In
vhich a.lawful act may be so recklessly per-
formed ns to become an unauthorized cocr-
clon and intimidation.
There may be occasions when and circ,m-
stances under which. other than In the matter
Of challenging, You would be authorized and
empowered TO require a public officer to pro-
ceed to the doing Of an act such as an arrest,
GeednG or following him TO the place where
In t<. hn ,AoAn at nR ~