New-York tribune., 1907-01-03

pieted their canvass and to recount the ballots
recount by mandamus
An action to determine the title TO office must
De Drought in the name of the people of the
state, and is maintained by the Attorney Cen
eral. In April last William Randolph Hearst
! apphed to the Attorney General to have such an
actlon brought in his interest. On such an ap-
pllcation the Attorney General acts in judicial
capacity, and he found that the facts brought
The Legislature, however has fun authority
TO deal with the matter. There is no ouestion
put that widespread doubt is entertained as to
the accuracy of the official canvass. and that
doubt should be resolved. Our entire system
OF government depends upon honest elections
ana fair count II is a matter of the gra vest
concern that the view should be largely even
though enormously, held that one who has been
elected to office has been deprived of his seat
through invalid returns The failure to obtain
a summary recount through defect in the law
mas aggravated the sense of injustice
l recommend that immediate provision be
made for a recount of the votes cast for Mayor
at the municipal election in New York City in
ISo5 The matter is not one into which any
considerations with respect to persons or ,ex-
pediSncy should be allowed to enter If upon a
recount It Is found that the present incumbent
OF the office received plurality of the votes he
VII! be confirmed in his title, and the claims
Whicn nave been vehemently asserted against it
VIII be conclusively answered. If on the other
mana, MS opponent was elected, he should be
seated.
With reference TO future elections. the power
should be supplied TO order a recount summar-
lily. which the Court of Appeals has found lack
ing In the present Election law. Provision should
canvass of the ballots cast in particular districts
or for particular candidates. The courts should
determine the proprety of the exercise of the
power In particular cases, but the power should
be conferred. The fact that such a summary
recount can be had will not only provide means
TO determine the actual result. but will tend to
promote the faithful performance of their duties
| by election officers.
The late Attorney General recommends. and
l fully concur in his recommendation. that the
power to authorize the bringing of action to
try the title TO office should not be lodged with
lie 1tTlo, h.,
IN question This power should be intrusted TO
the Supreme Court
Method of Voting.-Without attempting 70 be
comprehensive. two serious objections TO the
present law may be noted.
There is doubt as TO the validity of certain
methods Of split voting. II the general scheme
OF the law remains, the provisions as to split
ballots should be freed Of ambiguity.
1t is also Objectionable that any candidate
should have more than one place on the bal
lot This leads 10 fragrant abuses in efforts
TO obtain Endorsements for the 1r1rrose of Sc
curing place in more than one column.
II is not impossible to have a simple form
OF ballot which Will put parties. candidates and
voters. respectively, on an entirely equal foot
ing. believe that the best form OF ballot IS
that in which the names Of the candidates for
the respective offices appear but once grouped
under the names Of the offices. l recommend
that such a ballot. with appropriate deslgna-
ton OF party opposite the candidates name,
should be adopted. The fact that we are ac-
customed TO another form OF ballot in New
York has given rise to objection. which ex-
out weight
The argument in favor OF the party column
is that the voter who wishes 10 vote "a straight
ticket should have the opportunity Of doing so
with a minimum Of Inconvenience. But tho
straight voter has no inherent right to a pref
erence and his constitutional privilege Is salts
fed If he is allowed freely and secretly to vote
by ballot for each candidate. The question
whether he should be permitted to vote b. one
mark for all the candidates in a party column
is not simply one of his convenience but de-
pends for It's answer upon broad considerations
OF public policy. His convenience is outweighed
h p fart hot Fl. me-.
carelessness in voting and encourages the nom
inatlon Of inferior candidates for minor offices
who rely for their success upon tho strength
OF other Candidates upon the same ticket II IS
wholesome that the voter should be required
10 express his preference with reference 10 each
ONCE, ana il is desirable that each party should
be stimulated to additional care in its nomlna-
tions, particularly for minor Offices because the
candidates to be submitted 10 this test II
IS also important TO make the count as simple
and easy possible No question Of party ex-
pediency is involved, as all parties are treated
alike.
Corrupt Practices-The laws relating 10 cor
rupt practices should be reinforced by amend
meut as expeT -ence reveals defects. There is no
better way of putting an end TO bribery and cor
ruption than by compelling full publicity as TO
campaign expenditures. and this was the intent
or the legislation OF last year. From the SGnte-
ments filed after the last election the public has
learned of the large amounts that are needed for
legitimate uses during a campaign. and party or
CARNATIONS have secured from their managers
an account of the manner In which the money
intrusted 10 them was spent The value OF this
legislation is pTlnCldllE FOUND IN the means pro-
vided for the scrutiny Of the statements filed
and the provision permitting private individuals
ito institute legal inquiry for this purpose IS a
very important advance toward the desired end
This right Of Investigation should be conserved
and made effective as possible.
l recomemnd that the law be amended by i'm
posing Limitation upon the amount that may
be expended by candidate TO procure his cleo
ton.
Political Paries.--In view Of the relation of
political parties to our system Of government il
is of the utmost importance that the control of
parties should be free from corruption. arbitrary
methods and unfair practices For this purpose
several statutes have been passed, eliminating
IN the Primary Election law of S9S, amended in
1899, which related to enrolment and primary
elections IN cities and villages having five
thousand or more inhabitants, and also
contained provisions with regard to
tain political conventions and committees
The statute literally construed by the
Court of Appeals, with the result that
fraudulent and arbitrary practices We're greatly
lessened. NeVerthe less, such practices have not
been wholly stopped and wherever it is found
necessary the law should be strengthened TO ac-
complish its Intended effect. Moreover It is
claimed that Notwithstanding these remedial
statutes there is limitation upon the author
ity of political state conventions and state COM
mittees arbitrarily TO exclude and eXpel honestly
elected delegates and members and that the
fraudulent corrupt action of the majority Of
such a convention or committee, no matter by
what means such majority may have been OBJ
tanned, cannot be reviewed corrected by the
order decree of any court Judge. If such
dangerous practices are not forbidden by exist
ing laws and proper remedies do not exist for the
correction of such serious abuses II is time that
statutes adequate for this purpose should be
promptly enacted. The policy which gov
in the case Of minor conventions and COM
mittees should apply to state organizations Mi
norities should not be permitted to make them
selves majorities by the arbitrary seizure Of po-
litical organizations, nor through corrupt dis
honest methods. and the courts should be vested
with ample power to review in a summary man
all such abuses and to restore to defrauded
he 10 Xyrbi tbaN