New-York tribune., 1908-10-22
ELECTION LAW CLASH
OFFICIALS DO NOT AGREE.
attorney General Opposes Corpora
tion Counsel ON Closing Polls.

In an opinion to William Leary. State Superin-
tendent of Elections Attorney General jackson mas
coupIicated the question voting the excess regis
tration under the new law by advising that the
polls be closed promptly at o'clock and that only
those who have received ballots from inc Oan0'
clerk be entitled to vote after that
The oufnion Of CORPORATION Counsel Pendleton TO
the Board OF Elections that all those waltins
in line to vote at O'Clock should be enu1!eo 20
cast their ballots President DooIing of the Board
OF Elections has requested Police Commissioner
bingham through the Corporation Counsel TO pro-
vide policemen take position at the end OF the
waiting line at o'clock and allow all ahead OF
them to vote.
Upon the receipt of the opinion of the Attorney
General Superintendent Leary forwarded copy OF
It to President Dooling, suggesting that ne coH-
muncate with the Corporation Counsel, IN oroer
that agreement may be reached. II that IS
impossible, Superintendent Ieary urges that an
early judicial determination of the question be had
In his opinion the Attorney General calls atten-
ton to the election law follows:
Section 9. The polls o: every general election
and ss s close ee az 9Gne ococS ae in tRe
The closing Of the polls shall be deemed. TO mean
tors and the electors entitled TO vote who have
lawfully begun the act OF voting before the & time
Section 1o4 sub-d. l. While the polls are open
the electors entitled TO vote and who nave not
previously voted thereat may enter within the
s @ at Of the v0n IN PsG se or orer there
shall not at any time be within such guard rail
ing boothsethereat in addition to the persons law
fully within such guard rails for other purposes
than voting ... .,u,, ,.,.o
received official ballot from the ballot clerks or
inspectors. as herein before provided, he shan be
deemed TO have commenced the act of voting.
The Attorney General then says.
The language of these statutory provisions is rea
sonably clear, and. in my opinica. provides that
elector who has received his baots efore o'clock
shall be permitted TO cast tirep but but that that al
o'clock cannot be permitted 10 vote
Police Commissioner Bingham received yesterday
the opinion of the Corporation Counsel in answer
TO his request for advice the conduct OF the
police on Election Day. particularly at the close
of the polls, and the Corporation Counsel wrote:
II I may be permitted to make a suggestion, when
the hour of arrives patrolman should be sta
toned at the end of the line formed Al before
after the hour should not be allowed to vote
John T Dooling, president Of the Board of Elee-
tions also advised General Bingham that the board
intended to split all election districts where there
were more than $50 President Dooling said
he would have a photograph copy OF all registry
books where the districts TO be split. so that
the signatures could not be changed,
There has been opinion from the Attorney
General the legality of dividing the districts in
which there are more than 500 registered voters.
The Board of Elections started yesterday TO
plat the new districts and the task of photograph
ing the Identification books will be begun to-day.
There are 1s3 election districts in the entire city
in which the registration is in excess of $50. OF
these 81 are in Manhattan. 20 in The Bronx, 50 in
Brooklyn. "a in Queens and 1 in Richmond.
There is no certainty just what speed the
voters will be voted under the new law. Under
the law it stood last year the maximum num-
ber that could be voted within the prescribed
hours 800. 1t pointed out by President
Doolins yesterday that If the law reducing the
~ had 6esr1 Soad
It would have been necessary to create 7s8 new
election districts. There 1.515 pow, and there
were 495 when Mayor Mcclellan vetoed the bilL
The expense would have been approximately $780,
eco. not including extra expenses for new maps.
ballot boxes. ballots and extra office force
The new law was passed by. the Legislature in
special session some time after the Mayor had
vetoed the other bin and did not come before him
for action.
According TO the election officials electors
shut out from voting last year because they
were compelled to wait in line.
Congressman Parsons president of the Republi-
can County Committee. asked for his views last
night on the decision Of the Beard Of Elections TO
split up some of the election districts, said: We
will not complain The board is doing the best
It can under the conditions imposed upon il by the
new election law"
Police Commissioner Bingham announced yester-
day that unless something unforeseen happened
he would temporarily transfer a few days before
election every captain IN tne department. 70 pre-
vent any official interference favoritsm on Eleo-
ton Day.
The Police Commissioner was told that the police
doing strike duty and constantly reserve in the
precincts in the uppe- West Side were complaining
that they were overworked and that they were
exhausted
That is not So" said the Commissioner. Why
don't they brace UP and stop the strike assaults
They may do me. but. gol durn them, they can't
con me I know that thev are not overworked
And know they could work better than they do
if they would" He said he had not heard the
report that twelve patromen had reported sick in
the West 4Tth street station.
Captain David Evans of the Fort Hamilton Ave
nue. station, Brooklyn, has applied for retirement
The Commissioner said the captain was only fifty
four years old and is not eligible for retirement
General Bingham is undecided what action he
will take.
PRAYS FOR ELECTION OF TAFT.