Samuel J Tilden the Great Democrat Address of Francis Lynde Stetson 10 Febru

Cover Samuel J Tilden the Great Democrat Address of Francis Lynde Stetson 10 Febru
Samuel J Tilden the Great Democrat Address of Francis Lynde Stetson 10 Febru
Francis Lynde Stetson
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It is ever to be regretted that it was found necessary to drag the Supreme Court into a controversy essentially partisan in its nature.
Under the influence of such considerations it is not strange that Mr. Justice Miller accepted as of ultimate and controlling importance not the count of the ballots in the boxes but the revising certificate of the State canvassers already denounced by the State Courts. The general rule to the contrary is illustrated by the unanimous decision of the New York Cou
...rt of Appeals in the leading case of People against Cook (8 N. Y. , 67-82), that: " It is by the popular expression by the voters through the ballot box that a title is derived to an elective office. The certificate of the Board of Canvassers is mere evidence of the person to whom the majority of the votes were given. * * * When this proceeding (quo warranto) is in stituted in the name of the people, the certificate loses its conclusive char acter and becomes only prima facie evidence of the right.

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