New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-04
YoID BALLOTS IN TIE BOXES

nv far the most important discovery maze on
opening four boxes containing ballots cast al
the recent election was the large number VI
votes counted for Mr.. Mcclellan which, II is
ssid were so marked as TO be legally void MI
Hearst's friends were pleased az tne gam vi
seventeen votes for their candidate merely on
the recount and pointed out that II the sdlne
faulty mathematics prevailed and coulu ue
shown In the other districts he would be seated
1t is not likely however, that mistakes VIII Do
found all over the city In the same ratio 1hese
particular districts had been picked out as e1-
omnIes Of an erroneous count. The returns on
their face showed arithmetical error. Probably
in majority of the districts the inspectors
made their additions and their entries WIN ac-
curacy and a few hundred votes changed py
corrections of clerical errors, whether 1nten-
+ional or unintentional, is all that may reason
ably be expected
The eighty votes which it is now declared
should not have been counted at all are of much
mora Importance. They suggest fraud on a large
scale. and If the practice of counting Dalols
which Tnder the rulings of Justice G1egerlcn
should have been thrown out was followed III
comparatively few districts on similar scale,
such votes might easily make up Mr.. McCIeIaA
plurality. The decision Of Justice Amend allow
inc the recount of the ballots in the four dis
tricts forbade any recanvassing. Ihat is, aTlth-
metical errors could be corrected, but all lhe
ballots were to be accepted according to the
original decision of the inspectors. Whatever
they found valid was to be counted. He gave
leave To appeal from this order and the finding
of the eighty ballots which apparently should
have been declared void by the inspectors not
only gives a reason, but enforces duty, TO ap-
peal. What the legal complications in the way
of a canvass may be cannot be forecast some
have held that the procedure of the aldermen
in declaring the vote gave no room for thus
going behind the returns, and that any ag-
grieved person must by quo warranto afterward
contest the title of the successful candidate and
SO secure the chance to prove that the votes
locked up in the boxes after being put to his
credit were void However that may be- the
LAWYERS on both sides should join to sweep
away every possible obstacle to the immediate
correction of the wrong seemingly done by the
inspectors in these four districts and any sim
liar wrongs committed by inspectors elsewhere
Mr. Mcclellan is, in fact, committed to such
course He declares that he wishes no illegal
ballot counted for him, and now, when some
illegal ballots have apparently been counted Tor
him. he can do no less than assist in having them
thrown out.
OF course it may be that these eighty ballots
are not legally void That is matter for judi
cial determination. The claim that they come
under the rule for condemnation established by
Justice Giegerich may be Ill founded, or justice
Giegerich may have been in error, so that the
higher courts will reverse him. Such cons1dera-
tions come hereafter. The point now to be
observed is that large number of known bal
lots were counted for Mr.. Mcclellan which It IS
believed should have been thrown out and that
large number of similar ballots are probably
in boxes still unopened Obviously public in
terest requires the discovery of all such ballots
and the determination Of their VALIDITY on the
merits and forbids the interposition OF any teen
nicaIty to preven. the timely correction of the
returns either for the inclusion the exclusion
of these ballots, as their character may be de-
termined When the courts find good ballot
put in the envelope void by the inspectors they
order it counted. Nothing should prevent them
from deducting from the returns void vote
found in box which the inspectors wrongfully
cnunfnd