Year: 1875

AN OPINION FROM THE CORPORATION COUNSEL.
ON CANyAssING MARINE COURT JUSTICES
BAILoTs-PRoTEsTs AGAINST THE ALDERMEN
AND TIMOTHY j. CAMPBELL.


The Aldermen, sitting as County Canvassers, con-
tinued the counting OF the returns yesterday. They
commenced proceedings at eleven o'clock, when the
following opinion of the Corporation Counsel was
handed in to the protest canvassing votes for
Marine Court justices-


LAW DEPARTMENT.,


oYFIcR OF COUNSEL CORPORATION,


NEW YORK, Nov H. 1876. J
To THE COMMITTEES ON PRoTEsrs OF THE BOARD OF
COUNTY CANvAssRRs:-


GESTLEMEs-I have the honor to acknowledge the
receipt your request opinion upon the pro-
test Of Hugh Coleman ESQ.,, against the counting or
declaration OF any votes by the Board of County Cam
cast for Judges Of the Marine Court at the
cent election. The substance OF the protest Is that
there provision of law for the election this year
Of two justices OF the Marine Court Reference is
made in tho protest 70 the of 1882 chapter $50,
which made the office OF justice of the Marine
Court elective and provides for tho election
nom time to time and for the filing Of
vacancies occurring those three judgeshps. Rofer
then made 70 chapter 682 of the Laws of 1870
by which the number Of judges of the Marine Court
increased six the term OF Office made six
years and the election of the three justices fixed
for the third Tuesday of May, 1870 but provision
was made for the election or appointment OF their
successor


With regard to the very serious questions raised by
this communication have to say that 1t is not IN my



time The duty Of the Board Of County Canvassers at
the present stage at least, of your proceedings is min
vb a n
Der @ Of Judicial decisions in this and
other States and cannot do better than to quote the
authority of Judge Harris IN case analogous to the
raised by this protest Al that is required is
that the Common Council shall canvass the returns and
determine and declare the result This too is minis
teral The Common Council judges of nothing.
They liberty receive evidence OF anything
outside OF the returns themselves. Their duty con-
sists In simple matter OF arithmetic. ("


1t is, therefore, my opinion that your official re-
extend to the decision any questions such as are
raised by the protest OF Mr. Coleman, which has been
referred to me.


When the canvass shall have been completed and the
Board acting under the authority conferred upon them
by the Revised Statutes, shall proceed to determine
what person or persons have been "duly elected to
the various offices, the question may be properly
raised, and before that time will give the question
further attention, and suggest such consideration
shall to me to determine the functions of your
Board. am, gentlemen, yours respectfully,


WILLIAM WHITNEY,


Counsel to the Corporation.
The canvass then regularly proceeded with. The
conclusion OF the FIRST Assembly district count gave
John Callahan majority Dennis Quinn of sixty
eight votes for Civil Justice of the First district
A mUDDLE AS TO ALDERMEN AND ASSISTANT ALDERMEN.
Mr.. W. s. Wolfe, lawyer of this city, put in YER
bal protest against counting the ballots for Aldermen
as he claims that fifteen should have been elected at
large accordance with the charter OF 1870 the pres
ent method of selection being unconstitutional He
also that twenty Assistant Aldermen should
have been chosen at the recent election. similar
protest was put in last year to the last named
officials The only votes canvassed yesterday for the
Offices those cast in the Fifth Election district OF
the First Assembly district.


CIVIL JUSTICE cAMPBEILs SEAT CONTESTED.


protest also put In against the election OF Mr
Timothy J. Campbell TO the Civil Justiceship OF the
Sixth district the ground that he not admitted
to the Bar at the time of his election The Board con-
ciuded proceed with the in this district not
withsandng the protest. in accordance with the opin-
lon of Corporation Counsel Whitney.


The First Second, Third and Fourth Assembly dis
tricts completed The canvass will be continued
at eleven O'Clock to-day.