New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-10-17
MOVE TO TEST
"FLOATERS" LAW
Courts to Decide on Valid
ity of Tammany
Amendment.

On the ground that IL is unconsti-
tutional, the courts will be asked TO
knock out the Tammany Amendment TO
the election law passed at tho ex-
traordinary session Of the Legislature
in the last days OF 1913, which many
declare was an attempt to legallze col
onization. This amendment, which was
to Section 1862 of the election law
sought to define the term resident az
! used in the constitution to mean
person who has a domicile, dwelling,
home or abode, or any place OF stay,
from which he intends to vote.
The cases that will be brought to the
} attention of the courts within forty,
| eight hours are of men who moved
/ down from The Bronx, where they had
! been living. few days only before
/ they registered, a week ago Saturday
| in a downtown election district. Every
effort will be made to have decision
on the constitutionality of the amend
ment from the Court OF Appeals before
| Election Day.
The Honest Ballot Association and
others interested in keeping elections
free from fraud fear that if the amend
/ DlGnL sHOulQ HOJ Ut dtNioANN 'NAN
] would give Tammany a chance to col
| onize without any danger of being pun
| ished.
"The section in the Tammany election
| law ANY place of stay from which he
| intends to vote was intended for col
/ onzation purposes only" said Char
man Tanner of the Republican State
! Committee last night. Twice during
| the last year was an attempt made to
strike this provision from the law
First, the Republican Assembly passed
an amendment striking 1T out and
| Tammany Senate refused &c concur
| Toward the close of the session reso-
| luton was introduced and unanimously
carried asking Governor Glynn to send
n special message urging the repeal OF
this provision. Governor Glynn, after
having his attention called TO this IN
the most impressive way provided by
law, refused TO consider It. Governor
Glynn il the best friend a colonlZer
ever had.
"If this law is sustained not only can
colonizers be imported from New JGT-
sey with impunity, but where there us
a shortage of votes in one Of the Tan
many districts and surplus in an
other, the surplus can be transferred
with impunity."
Editorially The Tribune on Thursday
called attention to the fact that some
lawyers argued that the amendment
legalized "hoaters." This resulted N
the handing down of an opinion to the
Honest Ballot Association by Edward
+. Finch, an authority on the election
law, yesterday. On this opinion the
test cases will be brought.
Mr.. Finch declares in his opinion
that the illegal foater" referred to is
not only mot within the constitution
of the State of New York, but is vicious
in both its operation and effect, and
prohibited by the penal law Of the
state"
Referring to the Tammany amend
ment to the election law, Mr.. Finch
says the Legislature apparently sought
to define the constitutional provision
relating to the qualifications of cleo
tors. "The words place of stay have
not yet been defined by the courts" he
adds, but the constitution porvides
that an elector shall vote from the
election district Of mis- residence and
rot elsewhere