New-York tribune., 1911-10-11
LEVY LAW RULING POPULAR
Tammany Disguised, Indepen-
dent Democrats Pleased.

Almost general satisfaction was eX-
messed Yesterday over the decision Of the
Court Of Appeals declaring the most vicious
two features Of the Levy election la"
n be unconstitutional The word almost
is used advisedly. because the Tammany
leaders and their dyed-in-the-wool follow
ers expressed no sort Of satisfaction. They
were dseusted that their attempts to
fasten a strangle hold on the government
Of New York city and county were
thwarted
But privately many fair minded Demo
cra-s expressed their qualification that
what they considered an unfair attack on
the liberty OF the voter had been made
harmless Others said in substance:
"Oh. well. we tried to get away with 1t.
but what's the use of taking IL hard be
cause we lost out"
There was much gloom In Tammany cir
cles from the moment that word Of the de-
cision Of the Court Of Appeals reached the
CITY But there was rejoicing among the
Republicans and independent citizens VINO
are anxious 70 perfect a fusion 70 prevent
Tammany from winning this fall
Samuel s Koenie president Of the Repuo-
Hcan County Comittee said:
The Court Of Appeals simply reaftirmed
the principle long estanised that the Legs
lature has not the right 10 hamper or n
terfoTe with the right or the voters ~ ~
exercise OF their right 10 nominate candl-
dates they must be allowed equal oppor-
tunitv ,,
The attenpt was made by Tammanv Hall
for partisan purposes 10 prevent the voters
from com 0iniug with others ana 70 dlS-
courage Independent voting This was dohs
ole n. -nU=rFfrfrf0n9I convention OF
1904 recognized the right OF nominating non
partisan combinations ov having CITY elec-
tons come IN odd years. The Court OF az
peals IN the exercise Of its function has dd-
ministered a lesson TO Tammany Hail that
II should not forget for years 70 come
Robert Grier Monroe chairman Of the
campaign committee Of the Democratic
League which has Just expressed its vii
lingness to Join N the fusion movement
said.
felt that the Lew law was an lniquttous
measure and was an attempt on the part Or
the Tammanv machine 70 curb the eHeG-
tfvaness Of the independent Democratic
vote I'm this CITY I think that every inde-
pendent Democrat before he again votes
for n member Of the Legislature viii want
~ vote for a candidate who ne knows VIII
be opposed 70 anv legislation Of the charac-
ter of the Lew law There has been no
chance 70 read the opinion Or the Court OF
Appeals but "a an individual democrat
who intends 20 ue free 70 vote as ne
chooses In municipal affairs. this decision
is most gratifying
Otto T. Barnard. who was the candidate
fer Mayor on the fusion ticket TWO years
ago and Who is interested in perfecting an
anu-Tammany fusion this year said when
he learned Of the Levy decision from The
Tribune reporter:
That is fine am greatly pleased
Whether the law We're constitutional or
nor. IL was an outrage II deprived the
citizens 0f their right 70 vote for the can
didata they wanted IN the way that tneY
waited II stood out conspiclous-y IN me
case OF Justice Scott whom we all wanted
10 nominate. Things look bright for the
fusion movement now
President Mitchell Of the Board Of AHer-
men. who was elected on the fusion ticket
two years ago said.
The overthrow Of the vicious provisions
Of the Levy law is a good thing and was
70 have been expected. IT Is good 70 know
that efforts 10 defeat popular elections have
failed
Controller Prendereast who was stand
ying near by ar the time. nodded his ap-
proval of what President Mitchell had said,
and added. 1T is the end that crowns the
work
The legal attack on the Levy Law was
begun Jointly BY the officers Of the Repub-
Hcan County Committee and the Indepen-
dence League organization. II was Abraham
Gilbert who. acting as counsel 70 the
Republicans. suggested the procedure
which won in the Court of Appeals As
semblvman Murray had started action
AGAINST a part Of the law. but Mr Gilbert
decided that the point was nor broad
enough and the Murray case was dropped
Mr. Gilbert. who argued the case before
the Court 0f Appeals. was overwhelmed
with congratulations on his victory .ast
night He said.
So Tar as the law is concerned, n means
+ Z assume In the absence # the formal opln-
ion tn8t the Court OF Appeals has reat-
frvad what n said ln the Callahan case
2 wear ago That was that any law inat
tends 20 trick or trap voter. or Whlch
tends 10 give one party any advantage over
interfere with independent nominations OF
fusion re- unconstitutional
The only way thar the legislature can
prevent a man name from appearing more
-har once on ballot IS 70 adopt the Mas
sachusetts form ~ ballot
Not many Tammanv leaders wanted 70
criri-ise the decision Of the Court Of Ap-
paals. bur Assemblyman Aaron Levy. who
drew the bill said
am SURPRISED and disappointed Also, /
want 10 saw that the action n the court Is
a u-uruation OF the functions n the Leg
isIatura There was nothing ~ the law
upon which the court Of Appeals mas Just
passed 10 prevent honest fusion. The de-
cieion will nov make possible the barter
/ for dishonest fusion.
Moses VI Mckee. secretarv OF the Board
II Elections. which took Office under the
new Levy law said last night that the de-
cision in no wav affected the status or
the board The contract for printing the
/ ballots. he said. had not even been let- ana
| the consequence was only a ntte more
I work for fhe commissioners IN arranSlns :
/ the ballots according 20 the provisions OF
The ballots Will remain the same as last
wear" said Nr Mckee. the name OF q
candidate appearing as many times as Is
/ wanted. The second provision declared un-
CONSTITUTIONAL Of course, arects onlN the
! upstate districts AS 20 the direct primary
+ law. which also provided that a candldate
/ name might appear on the ballot only once;
/ th1t was not 10 have gone into eject unul
November Is. anyway
J -@-f--
tCEMAN DIES SUDDENLY