The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-10-23

! shall pc made as followS:-
81 That all nominations made by any such
shall be certified IN written or printed, or
partly written and partly printed certificate OF
nomination. as foiows:-Such certificate OF
| nomination shall contain the name of each per-
\ son nominated, his residence and postoffice ad-
| dress, the Office for which he is named, and
shall designate, in not more than three
\ words, the title name OF the party
or principles which such convention or nomin-
ating body represented; said certificate shall be
signed by the presiding officer and secretary OF
| such convention or nominating body, who shall
| add to their signatures their respective places
! of residence and postofdce address, and several
| ly make oath before an officer qualified TO
ants were respectively such officers
| of such convention or nominating body,
and that said certificate and the sttsemens
| therein contained are true as they verify be
| lieve; and certificate that such oath has been
taken snail be made and signed by the oihcer
administering the same and endorsed upon or
| attached to such certificate of nomination; in
case OF a division in any party and
claim by two or more t,tls Lacti1hs fhs
| Clerk, as the case may be, shall give the prefer
| ence Of name or title TO the convention Of dele
gates Or nominating body held 9 ct tne time and
| constituted party authorities, and II the other
| faction shall present no other party, name or
| title the Secretary of State or County or Muni-
| cipai Clerk. as the case may require. shall
l select a name or title and place the same
at the head of the list of candidates OF said fac
| tion on the ballot; If two or more conventions
| be called by authorities bodies claiming to be
| the regularly constituted authority or body OF
| any party, the secretary of state or county or
select suitable names or titles to distinguish the
several factions, and the ballots shall be printed
NO JURISDICTION.
"As / understand this matter" said the
| Court lit mas been before the County
4 Clerk and be has decided IT,
"Yes, sir,n replied Mr.. Stuhr.
| 'sAnd you take exception to his deci-
| sion !" asked the Court,
| Yes. said Counsellor Stuhr, who
| read the formal notice of protest that had
/ been sent Richard J. Allen. candidate
| for Congress, which set forth that the
| notice was mailed at nine O'Clock at night
and not received until yesterday.
| At this moment Judge Knapp noticed
| Judge Stevens. of Newark, i'll the court,
| and he called him to the bench. The
| two Judges talked over the election law
regarding the jurisdiction of Justice of
| the Supreme Court sitting in the Circuit
| in matter Of this kind, and then Judge
| Knapp said:-
II have consulted Judge Stevens on
| this subject because he has had occasion
| to officially make a study OF the
! law, which / have not. He has
| carefully examined the law bearing on the
question, and from what he has impaired
| / am certain that there Is no power con-
ferred on single justice of the Supreme
Court to act in this matter
.aThat is all that can be done," said the
| Court, under sectlon 40. winch reads
AZ That whenever it shall appear that any
error or omission has occurred in the printing
of the ballots by any county or municipal clerk,
any voter resident in the county where the error
| or omission occurs may present to the
Justice Of the Supreme Court hold
r4.- ~ fyN.s. ft aud ff,n
| said county, a verified statement setting
| forth such error or omission, and said Justice
being satisfied thereof shall thereupon sum-
| marily, by his order require the county or
mnncipal CLERK to correct such error or show
cause before said Justice, at the shortest pos
| sible day, why such error should not be cor
Your Honor,n exclaimed ex-Judge
Rankin who had been introduced by
counseiioS stair as New York Prae- rae.
| The Political County Clerk undertakes
| to strike from the list Of voters
| the right to vote for their candidates
| 5000 votes. TO have relief this must be
| adjudicated upon and decided today, for
| ii IS the last day we can apply for the
printing OF the ballots"
you must remember" replied Judge
| Knapp, ''that no necessity confers juris-
diction. The Court will grant you writ
| to snow cause il you want it, 1 will give
| vou ali have" said the Judge with a
smile" but that is all can give"
"But this Will disfranchise 49, COO vot
| ers."
| .sThe Court can do no more" inter-
rupted Judge Knapp.
s.Then,n said Mr.. Stuhr, 'swe can only
| make another application when The
| County Clerk has refused to print our
names"
ut does not appear" continued Judge
Knapp, 'that there has yet been an error
! or omission"
MAY not an injunction issue from the
| Court of Chancery preventing the County
| Clerk from printing the names without
| including the Jeffersoniansa" asked Mr..
1 Stuhr
"The Court of Chancery might issue
such an injunction" replied Judge
Knapp, s'buJ | do not know that it
| would.o
Your Honor, is it not unusual to de-
| eide a case without giving both sides a
4 hearing, as the County Clerk has done?"
| inquired Mr. Stuhr.
4 .'lt is, and had the matter come before
| me for decision both parties would have
| been heard "
| "Whyl' exclaimed the irrepressible
Rankin, "the very cutters of the Court
House were dragged to find objectors TO
| these nominations"
ssYour Honor, we will renew our appli-
/ cation under Section As next week, said
| Mr.. Stuhr. and the case ended with this
| significant remark from Judge Knapp.
''Find me jurisdiction and will act"