Bridgeton pioneer., 1890-11-20
GETS A RECOUNT.
The Vote on Assembly
To Be Counted.
I. T. Nichols Granted a Re-
count by Judge Garrison.
A BOND OF $500 FILED WITH
THE CLERK.

Justice Garrison has Granted Mr.
Nichols His Application tor
u Recount of the AS
sembsy Votes.
There will be recount of the AS
sembly votes in the First Assembly
District, in this county.
Issac 7. Nichols, who, as the returns
made before the Board of Canvassers
show, was defeated by four votes, has
been granted an application for a. re-
count by Justice Of the Supreme Court
Garrison. The application was made
through Congressman Bergen, who
represented Mr.. Nichols as counsel.
The law which applies to this matter
is as follows, taken from the Supple
ment Of the Revision, page 277, section
40, and is as follows:
'That whenever any candidate at
any election in this state for member
Of the senate or member of the assem-.
bly, shall have reason to believe that
of election or of canvassers in count
ing the vote or declaring the result
of such election, whereby the result
of such election has been changed,
such candidate shall, within ten days
after such election, be empowered to
apply to any justice of the supreme
court of this state, who shall be au-
thorized to order and cause recount
of such votes to be publicly made un-
der the direction of the court, by the
county clerk or such other officer as
the said justice may designate, after
due notice to the parties interested of
the time and place of such recount;
and if it shall appear upon such re-
count of the ballots cast at such cleo
tion that an error has been made suffi-
cient to change the result of such elec-
tion, as declared by any board of can
vassers, then such justices of the su-
preme court shall be authorized and
empowered to revoke the certificate of
election already issued to any person
as member of the senate or member of
the assembly, and shall order to be is
sued in its place another certificate.
duly attested under the seal of the
county, to the party who shall be
found to have received majority of
the votes cast at such election, which
latter certificate shall supersede all
others, and entitle the holder thereof
to the same rights and privileges as
member Of the senate or member of the
assembly, as if said certificate had been
issued by the county board of canvass
ers.' (o)
- Various decisions have been rem.
dered upon the law, aud the foot notes
of the Revision are as follows:
(a) The duties of the justice under
this act are merely ministerial. Ruh
v. FT0nbach, 1S Vr. IS. He cannot
take evidence to determine if the bal
lot boxes have been tampered with,
but has power only to count the votes.
to ascertain who received majority of
the votes cast. ID. The result of re-
count cannot take from the house the
constitutional right of seating the
member in fact elected, although the
position of sitting.fnember and contes-
tant is reversed, ID. The supreme
court has no power to revie W the action
of the justice making the recount. Ib
Mr.. Nichols had Samuel F. Moore
draw him up a bond required by the
action of the above statute and fled it
with the County Clerk. The bond is
in the sum of $500, and the bondsmen
are Councilman Benjamin Hancock,
Uriah Davis and DR.. Henry Neff.
Mr.. Nichols said to friend yester-
day that he had no proof of any incor-
rect returns being made, and only
asked for the recount for personal
satisfaction, as the plurality oyer him
was so small that it was possible, if not
probable, that in the entire District,
sufficient mistakes had been made to
change the announced results.
Mr.. Nichols has yet to file notice
with his opponent, J. L. VanSyckel,
of the granting of the application.
The recount will probably be made
before Supreme Court Justice Reed at
the Court House. An unusual amount
of interest is being taken in the matter
Lit Takes Doodle.
An exchange comes forward with
the remark that ''it is level.headed
man who has his Winter coal in his
cellar" 1t is evident that the writer