The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-10-20
TWO PROTESTS FILED.
The Jeffersonian Ticket Question to
Go to the CourtS-Allan Nc
DermOtt on the Law.

John t. Madden, the Democratic candi-
date for member of Assembly in the Sew
enth district, today filed protest with
County Clerk Mclaughlin against the
printing of the name of Morris Welsh,
the Jeffersonian candidate for member of
Assembly, on the official ballot.
William d. DAILY, the Democratic can
didate for member Of Assembly in the
Ninth district, also filed a protest. 1t was
against Emil Schultz. the Jeffersonian
and Republican candidate for Assembly
in the Ninth District.
These two protests were simply filed TO
bring the matter in the Court The Ring
does not want the Jeffersonian candi-
dates on the official list, but it is afraid
to openly declare this. Ii by having the
question decided in the Courts they can
succeed in having the Jetfersonians left
in the cold they will make the effort in
this underhanded way.
The Ring claims that under the opinion
OF Allan L. McDermott these protests will
hold good in court and resultin the entire
discontinue of the Jeffersonians.
Ii UuC COQIu OCCAOCS dS6taou LILO CChOA-
sonians in favor of the men protesting,
the Ring will then say. "We could not
help it; it was not our fault. We only
obeyed the law as the Judge de-
fined it. They hope by this
to avoid the general stampede of the JEFF
fersonians to the the Republican candi-
dates, who, naturally indignant at being
robbed of their rights by the Ring. will
make greater efforts than ever to defeat
it. 1t was just this action that the Re
publicans hoped would be taken. There
may be otner protests filed.
The following is the opinion of Allan
La. McDermott, and is the one on which
the County Clerk will act:-
Hon Dennis Mclaughlin, County CLERK:
DEAR SIR-My opinion is asked upon
the various papers filed in your Office for
the nomination of candidates to be voted
for at the next general election. Certain
Certificates of nomination" for the
offices of members OF the House Of Repre-
sentatives, Sheriff, Coroners and mem-
bers of the House of Assembly
have been filed in the name of the
"Jeffersonian-La Labor Democracy" party,
nominations such as iSlhese pufport 60 be
must be made by convention of dele
gates or by the nominating body of q
political party" Section 26 of a Further
regulate elections, approved May rs, 1890,
(being what is generally styled the Bal
lot Reform act'' defines these bodies to
be organized assembIages of delegates
or voters representing a political party
which, at the election for members OF the
General Assembly next preceding the
holding of such convention or nominal
ing body, polled at least five per centum
of the total vote cast in the State, county
or other division or district in and for
which the nomination is made. +"
An examination of the records of the
result of an election held on the fifth OF
November, 1889, as the same are filed in
thesoffice of the Secretary of State, and in
your office, does not disclose any partici-
patton in that election by a party claim
ing or using the name or title. "Jeffer-
sonian Labor Democracy" These nom
mating papers claim to be the work of q
separate, distinct political party. The
candidates named in these papers for the
offices to be voted upon by the county at
ating papers, while the candidate fol
member Of the Assembly in nearly
every district is certified to be the
same person nominated by the Republi
can party. The record being as stated,
am of the opinion that the "Jeffersonian
the requirements OF the law in its detin-
ition OF convention of delegates OF
nominating body of political party
entitled to certify" nominations, and
that the candidates named in the papers
of this party are not entitled to have theil
tickets printed and distributed at public
expense.
Ii am correct in this opinion it would
seem to follow as your duty to refuse to
print the tickets required on the strength
of these petitions. But this is not so
The nominations" filed by the ''Jeffer
sonian Labor Democracy" party are, ii
my opinion, not void. bur voidable. The
papers are in form regular. and section
IA of the election act provides:-
A. That all certificates of nomination
that are in apparent conformity with thu
provisions of this act shall be deemed K
be voted, unless objection thereto shall b
duly made in writing within five day,
after the fling of the same; in case sncl
| objection is made, notice thereof shall
| forthwith be mailed to all candidates wh'
may be affected thereby. addressed Il
them at their respective places of resi-
dence, as given in the certificate of nomi
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