Year: 1879

| Unless the Police Commissioners dis
charge the duty required of them by law to
appoint officers for experimenting the
registration of voters and conducting the
election the people of this city, comprising
one-eghth Of the voters of the State,
will be excluded from their legal
right of suffrage, be deprived OF their
legal representation in both branches
of the Legislature and will lose their op-
portunity to elect important local officers.
1t is manifest that there can be no election
without the inspectors and poll clerks who
are required by law to prepare the poll
lists and receive the ballots. The whole
machinery for conducting elections would
break down if the Police Board should fail
to appoint the proper officers.


| 1t has been suggested that if new inspec-
tors and poll clerks are not appointed the
old ones will hold over and can discharge
the duties. This is total mistake. 1t is q
misconception founded on the fact. or o
hasty inference from the fact, that certain
other officers are empowered by law to con-
tinue the discharge Of their functions until
their successors are appointed There is
no such provision relating to the inspec-
tors of election. Their tenure is for pre-
cisely one year from the date of their ap-
pointment. without any authority to hold
over in the absence of legal successors. On
this point the law is perfectly explicit, as
anybody may see by examining it's lam
guage. The inspectors hold exactly one
year from the date of their certificates, and
each certificate is required to state the date
of the expiration of the office of the person
to whom it is given. If an inspector is re-
moved or resigns the person appointed to
fill the vacancy holds only during the unex-
pired term of his predecessor, and the date
of expiration is inserted in the new certifi-
cate. If it be asked why the commissions run
year. although in ordinary cases the du-
ties are comprised within few weeks, the
answer is that this'is provision for possi-
BILE special elections to fill vacancies which
may happen within the year. The same
inspectors and poll clerks remain in Office
to revise the registration lists and to re-
ceive and count the votes if a necessity
should arise for special elections. But
when an exact year has elapsed from
the date of the original certificate the
office ceases whether successor has been
appointed or not. This part of the law is
founded in reason and equity. It is the
essence of the system that the two leading
parties in the State possess equal advan-
tages in every election and inasmuch as
parties and majorities may change within
Al h. ~1ot r
inspectors adjusted to the actual condition
of parties at the time. The law takes
special care of the rights of the
minority party. which may have been
the majority party of the preced-
ing year. But however we may explain
the reason of the law the provision is pre-
else and explicit which declares the abso-
Lutte termination of the Office of inspectors
at the date Of expiration required to be
inserted in every certificate. There is no
holding over until successors are appointed,
and without new appointments no election
can be held.


Whether a mandamus can issue to the
Police Board is question to be decided by
the courts. We have little doubt that the
courts possess such authority, and would
exercise it on due application. We incline
to this belief from the fact that the action
of the Police Board, as an integral body, in
making these appointments is merely
formal and ministerial. The law in
vests the Police Commissioners, in
their collective capacity as Board,
with no discretion as to how they will vote.
The actual selection of the inspectors is
divided and apportioned between the two
political sides of the Board, and the Board
as a whole is required by law to sane
ton and confirm the separate selections
made by its two political halves. If this
be the true construction of the law the
power of the Judiciary to compel action
hardly admits of dispute, if there is any
legal way of bringing the subject before
proper court.


AS we read the law the power to name
the inspectors and poll clerks is portioned
out between the Commissioners of one party
and the Commissioners Of the other party,
and the Board, as whole, must accept, in
dorse and complete these separate appoint
ments made by it's two political sides. 1t is
| purely ministerial act, in the performance
of which the collective Board is clothed
with no discretion. The Board is bound
to give legal effect to the separate choice
of its two political sections. If this be the
true intent of the law the courts can inter-
pose and compel the appointment of in
| spectors.


The question whether Tammany is regu-
lar or irregular, whether it belongs to the
democratic party or not, seems to us irrele-
want. The law recognizes no such local
organizations much less does it clothe
such organizations with authority to name
or present inspectors. The law contem-
plates no action nor any power of choice
outside the Police Board itself 1t is upon
the respective Commissioners, on the one