The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1889-11-16
STUHR TO CONTEST, TOO.
He Will Ask the State
Senate to Unseat Nc
Donald.
MOVE FOR A RECOUNT.
What the Procedure is and How
Long it Can be Fought in
the Courts.

James Roche, who aspired to be Direc-
I tor-at-Large of the Board of Freeholders,
is not the only one of the late Fusion can
Z didates who contemplated contesting the
election of their opponents. William
S. Stuhr, who endeavored to distance
Edward +. Mcdonald in the race for the
Senatorship, announces that he, too, pro-
poses to take steps to secure seat in the
Senate.
He will not ask for recount-a man
! who is beaten by over 5000 majority is
wise not to ask for recount-but he will
make his contest before the Senate Com
mittee on Elections. He assumes that
the fact that the Senate will be Republ-
can. and that that party will resort to
every device to preserve its ascendancy IN
that branch of the Legislature next year,
will dispose the Senators Of that party to
throw Mcdonald out and seat him in
spite of his overwhelming reputation by
the voters of the county.
ROCHE's COMING RECOUNT.
Lawyer William Dougherty, who repre-
sents James Roche, the defeated cand1-
date for Director-at-Large on the fusion
ticket, has secured the fifteen signatures
to the petition required by law, and will
apply to Judge Knapp on Monday for q
hearing and recount of the vote.
He has prepared the bond which It Will
be necessary for Mr.. Roche to furnish as
security for the cost OF the contest and
the required affidavits that there is rea-
son to believe that fraud has been COM
mitted. The law requires that these
affidayits must be made by freeholders
other than Mr.. Roche.
Both Mr.. Dougherty and Mr.. Roche
axPna6innIV rAticAnt.
They say that Mr.. Roche has reason to
believe that not only did he receive the
greater portion of the Republican vote
cast at the elestion, but also large per-
centage of the Democratic vote which
was not cast for any other candidate on
the fusion ticket. In addition to this
they declare that they have ample evil
dence to show that the vote was not
counted as it was cast.
Moreover they alleGe, and they lay
much stress upon the allegation, that all
the returns which came in in the earlier
part of the evening showed large gains
for Mr.. Roche over the other candidates,
and as the facts became known returns
were held back in several precincts with
in small radius of the City Hall.
This they declare is significant and they
add that they have plenty of evidence to
substantiate their assertions. AS to the
exact grounds upon which he will base
hisapplfcation to the.court Mr. Dougherty
will say nothing
ABOUT THE PROCEEDINGS.
His application for recount will be
under an act of the Legislature and the
proceedings will practically be the same
as though the Board recounted the votes
with the exception that the Judge takes
the place of The Board.
If either party to the contract, however,
is dissatisfied with the judges decision,
he can sue out q writ of quo qOGfrd'ItO to
inquire by what authority the successful
man holds his Office. This proceeding
permits the introduction of testimony as
to frauds of every description and allows
the contesting party to introduce much
evidence which he could not get before
the Court npon an application for a re-
count
LITIGATION MAY BE LENGTHY.
In such case the Judge appoints some
officer of the Court, usually a Master in
Chancery, who, in the presence of the
counselof the parties interested, opens all
the boxes and counts the ballots
The officer reports to the Judge who
makes decision in accordance with the
officers finding, which is final.
In the quo warranto proceedings there
is possibility OF appeal and lengthy
litigation.
nation to contest the election of Mr..
Bruggeman to the bitter end There is
elfine prospect of a long legal battle over
le matter.
NOT AFRAID oF A RECOUNT.
asked Sheriff Davis what he thought
IL the matter and he replied:--
sits good thing for Bruggemann and
will increase his majority from 1000 to
g,0O0 for IL any one suffered by incorrect
counting it was Mr.. Bruggeman and not
Mr.. Roche"
"Wiil any opposition to the request for
q recount be made by Mr.. Bruggemanp'
"Certainly not. The ballots can not be
counted too often in court to suit him."
The Sheriff and others of equal promi-
nence laughed at the idea of Mr.. Roche
being able to oust Director Bruggemann,
but philosophically said that if he wanted
to pay S25 for the first two boxes in each
precinct and $40 for all others for re-
count of the vote, why it was his privi-
lege. The regular candidate could stand
it as long as Mr.. Roche desired to pay for
the fun.