The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-09
ELIND IN REcorAT Liz.
dbltcan Leader Describes II Al q Loop
hole for Fraud and Collision.

land Of Chemung, Republican leader of thu
Assembly, In recommitting the Raines
Murphy recount bill is %subjoined;
Mr.. Speaker-Many OF the arguments. and
| should say that most OF them. II not all,
that have been made in favor Of this measure,
have proceeded upon the theory which has
nothing whate yer to do with the measure
before the House. Almost without exception
the argument which has been made in favor
OF the passage Of the bill proceeded upon the
theory of a local interest. Every man who
has spoken from the city Of New York or
Brooklyn upon this proposition in favor Of IL
has spoken entirely from the effects il would
have upon his locality In relation to a par
tioular election. l want to be understood
as saying. first, that this Ia not a question Of
local interest that 1t is not a question OF purity
OF ballot, that 1t is not o question OF whether
the law Of this State should be changed at all.
but 1t is a question. pure and simple, what
Is the effect of the bill upon the elections Of
this State; not upon Hearst or his recount,
not upon any particular locality, but what
shall be the effect upon the election law In
this State II this bill is passed. The gentle
man has said that we should not have a re-
count in a contested case by a technical point.
There liz no endeavor TO have a recount upon
any proposition advanced or to be advanced
before this committee. The only question
before this Assembly is for this body to deter
mine what is the effect Of this bill, and there
Is all there is Of 1t. Whether 1t Is for or against
a particular man in this State has absolutely
nothing to do with the question. The sole
question is what will be the effect II this bill
becomes a law.
The first effect, gentlemen, Is that It Is in
complete in It's nature; it starts of with ap-
pertaining, applying. to only one-half of the
election law Of the State. That Is to say,
that 1t does not apply to the recount upon
the constitutional amendment. 1t does not
apply to the recount or recanvass upon the
proposition submitted, and it does not apply
to the recount or the recanvass upon ques-
lions submitted in the whole State or In any
locality OF the State. 1t Is therefore lncom-
plete and has upon It the stamp Of half tho
State. 1t is incomplete. Consequently. the
application made to the court Ia an ex parte
application. The man goes before the court
81 the state first to the Supreme Court or
ton; the man against, whom he makes il
kn5ws absolutely nothing about it. The
lutely nothing about It. After he makes his
application the court Is no wiser than before.
ne court SHOWS absolutely. nothing. about
which his application is made,
ia A AZ ha 1t requires es no 70. notice to the man who
ton can be made without any notice What
eyer to the man who is most Interested, namely,
the man who occupies the, ofnce-absolutely
HoStNe icIuhcu Dut lue HIS IOtlCe tDau
the man has, OF the application or OF the pro-
your ballots shall be recounted.
Let me say to you. gentlemen, in the fourth
place, that a man cannot be deprived Of a
thing in this State upon such an application
as that according to constitutional and stat
utory usage; a man cannot be deprived OF a
beans worth upon that kline Of an applica-
ton according 70 the laws and customs, Of
anglo~Saxon Jurisprudence; and yet this
bill here provides that one of the dearest rights
which a nan can have, namely, that right
shall be taken away from 6himm'V and he have
worse, after this application has been made
to refuse It and no discretion to decline il,
and according to Section , all that a man
aaS 70 40 under this Blu IN order 70 set this
to Je9pardize the dearest rights that a man
could have as a social and political entity. is
file such a bond as the court will designate.
Now. mark you the Significance OF that. He
a oe5n hay TO sTeaIto a thin hedoesnt have
Petition, he simply goes to the court ard
says in the matter of the application Of John
irict1Ito the supreme Court Of the State of
New York or to the County Court Of the county
1 qeco oiifeT be- had T II reg rSsSg yotas and nd desire Is ,6t that .,ad a
ton on such a date. and upon that statement
there i1yolved the Judge must under this
MIR; Murphy--DOes the gentleman believe !
that 1t is the purpose Of this bill that the con-
tesLant sball not have to demonstrate to the
ballot b,Gx should be opered?
Mr; MprelapdIME Speaker. 7 not only
know that he cannot require 1t under this
law If it is passed. Here Is the way the sec
ton reads. The Justice has no business to
require any such thing when, this application
is made under Subdivision ?. a recount and
%recanvass OF the votes in any election dis
held for any office shall be orderedEmark
you.oy any Justice OF the Supreme Court or
s siecpion J dIssTIot Of is t Ioos Geggn tno in MI Thi S1,t the
petition Of, any .candldate-written petition.
not oertiaed-wrltten petition of any man for
the fling Of such petition with the court OF
an undertaking Of such sun as the distriot
f Il ff9b9 as 70 SSe o dons require G And that is al
and not a fac, stated, Just simply a request
and that leads me to one of the most anonls-
lous features in this bill that any man can find
IN any statute in any civilized country in the
Nj Murphy-.wouldn't it be under this the
Mr., ,Moreland-I don't know but what IL
might bel know what It must be, by this bill.
Subdivision ?. 1t cannot be anythine else
And according TO the very terms OF the law,
and ana the very I, thsoEy specifically set forth,
anomalous ,oondit ions that a civilized country
k EpoWs, If this bill is passed: and that is this:
permits two Kinds of Applications to be made
ilndeT, one kline OF an application YOU can get
II under another. There Is no statute known
TO any state In this Union, and / have exam
med al! OF them which have statutes upon
that subject, and there isn't a statute In any
state OF the Union which permits two kinds
and different kinds Of parallel applications for
the same relief. II is absolutely subversive
of all forms OF constitutional rights among
ndividuals, And vet that IL what this bill
does; III you cannot get an application by
making an unverlfed petition and filing the
athda Wit OF some elector as provided in Sub
division that is the way that subdivision
provides-a man when he makes an appllca-
tion 10 the men most interested. the man
WHO was the candidate for the or1ce. when he
makes his application he doesn't have to swear
TO T. But he, can go to some low down re-
peater nlmseli. the very man who. repeated
again IND again in a district, IL he have one,
and get his affidavit upon the subject, and the
man most interested Is there absolved from
the necessity OF proving a thing upon his
own warrant or efidlvit end he can 20 TO the
lowest Stun and select the lowest criminal
who voted upon that proposition, and his
affidarit must be taken bv the court, and the
court cannot get around it.
Now notice what happens. John Doe makes
an application for a recount. he having been
a candidate Of the last election; he goes TO
John Smith, the lowest man In his district.
and John Smith makes the afada Wit. Those
two Trims 8 are presented to the Judge. the
application. which was not sworn to, and the
a ft1davit of John Brown which is sworn 10.
I am a man who holds an Office. ascertain
by some rumor that my Office is 10 he con