Year: 1879

from among those ''named" by the republican Com


In the absence of good and valid objections to in
dividuas already named they should be selected by
the Board prior to October l. No blame can be at
tached to them for not doing prior to that time
because the law has given the Board the whole OF
the months OF August and September in which to
perform the act


fact all OF the inspectors should be selected by
the Board before that time. There is no higher
obligation, SO far know. with reference to the
one class than the other and no provision of law
which contemplates that one set shall be selected
before they all are.


This curious law requires good faith on both sides
to carry it out properly and should receive it, 1t
q loose piece of legislation. and in many contin-
gences the Intention Of it's trainers can be eyaded
but the intent is clear and it should be carried out
in good faith.


DEFECTIVE LAW.


For illustration OF the fact that the law calls for
good faith and fair dealing in many contingencies
this provision in tho Election law is based upon
assumed difference in politics between the members
OF the Police Board; but there Is no provision of
law requiring the appointment of republicans in
that Board and the appointing power is likely to be
democratic; and yet II there were no republicans IN
the Board, or If there were disagreement between
two republican Commissioners to republican in
spectors. tho obvious intent of the law that both
parties should supervise the count would upon any
principle of fair dealing have to be carried out


SO II is to be observed that neither of the words
'republican" or ..democratic" are used de-
scriptive OF the difference to be observed in making
the appointment. The provision as to inspectors
is:-"Two Of whom on state issues shall be of diff
ferent political faith and opinions from their
ciates." 1t often happens that there more than
two State tickets in the field. AT tho State election
of 1877 there were, believe, four and perhaps five.
A greenhackor prohibitionist the Police
Board might. on the letter of the statute. have
ity on state issues in said city and county" and he
was the representative OF such political minor
ity III said Board to whom the naming OF inspectors
was given.


But If greenback or prohibition inspectors had
been appointed by the Board instead Of republicans.
it would have been palpable violation OF the in
tent OF the act.


PURPOSE INTENT ACT.


The act, while recognizing no local political organ
zation intends that the supporters OF ths two State
tickets, republican and democratic, shall register
the voters and count the votes.


The theory of the law is that with the friends of
both tickets performing this duty together neither
will suffer


generally into the purpose and intent OF the law in
answering your question whether the Board should
not select and appoint the republican inspectors
named by the republican commissioners.


My answer is that prior to the 1st OF October the
Board should select iour persons in each district.
two OF whom should be supporters of the republi-
State ticket land they should be after full
ference and comparison OF views selected from
among such as named by the republican Com
mssoners for tho selection and appointment of the
Board), and two OF whom should be supporters of
the democratic State ticket and the legal obligation
to do this is placed upon the Board and not TO dis
charge it would be a derellction OF duty by the
Board


act. Their recommendations and approval not
contemplated The duty is placed upon the Board OF



of the two State tickets. upon the theory that
from their conflicting interests and desires fair
registry and count will result.


am, sir, yours respectfully,


W. g. WHITNEY. Counsel to the Corporation.
Ex-JUDGE EMoTr cONCURs.
have read and carefully considered tho opinion
of the Corporation Counsel with reference to the
question submitted to him by the Police Board on
the 10Th of August and the provisions the statutes
relating to the appointment of inspectors OF election
and poll clerks for the city and county OF New York
aud nnc1n aiO nf Mr. pay' niy,in


With regard to the precise question proposed by
the Board Of Police may add word.
assume that tho Commissioners representing the
political minority that is in the present instance the
party known republican, have named a sufficient
number of persons to furnish two inspectors for
each district, and no more That these haye
been examined by the chief of the Bureau OF Elec-
tons aud found and reported to be suitable and sat
sfactory In this condition OF things it is the duty
OF the Board of Police to appoint these persons to be
inspectors They may do so at any time. They are
not bound to do before the 1st OF October. They
not absolutely required to appoint all the four
inspectors in each district at time. Yet it
might be much the moro proper and expedient
course to do so.


concur fully with Mr.. Whitney that it is equally
the duty OF the Police Board to appoint two other
inspectors of election for each district who shall
belong to the party supporting the State ticket
larly nominated against the republican ticket, it
can members Of the Board. --Mr. Whitney puts i.
forcibly but fairly. Local political organizations
not known to the act. The duty Is placed upos.
the Board Of Police to place behind the ballot boxes
the supporters OF the two State tickets"


In PLAN English. the Election law requires the
Board Of Police. in the present state parties and
nominations to recognize In the appointment Of the
inspectors of election two political parties and their
adherents-the party supporting the nominations
made by the State Convention at Saratoga and the
party supporting the nominations made by the
State Convention at Syracuse. They should recog-
nize other parties organizations and they
should appoint the four inspectors and the poll
clerks before tue 1st day of October next


Dated Sept. 16, 1879. JAMES EMOTT.


On being questioned yesterday upon this subject
Comptroller Kelly said :-"Tammany Hall will have
its inspectors and proper will be taken to
cure their appointment"