The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-10-20

nation: the officer with whom the origi-
nal certificate was filed shall, in the first
instance, pass upon the validity of such
objection, unless an order shall be made
in the matter by court of competen t
Jurisdiction.
In the facts submitted to me there does
not appear such an objection as is con-
templared by this section, and if such oD-
jection Is not made, it will be your duty
TO print the ballots of the "Jeffersonian
Labor Democracy" party. II objection is
made to these certificates, the statute di-
rects that you shall pass upon the same
in the first instance. Section 45.howeyer,
provides
as. That whenever it shall appear that
any error or ommission has occurred in
the printing OF the ballots by any county
or municipal clerk, any voter residenl in
the county where the error or omission
occurs may present to the Justice OF the
Supreme Court holding the Circuit Court
in and for said county, verified state
ment setting forth such error or omission,
and said Justice being satisfied thereof,
shall thefeupon summar1iy, by his order,
require the county or municipal clerk to
correct such error or show cause before
said Justice. at the shortest possible day,
why such error should not be corrected.
II objection should be mape, in proper
form, to the printing of the ballots in
question, | advise that arrangements be
at once made for the submission of the
question involved to Justice of the Su-
preme Court, so that the rights of all con-
cerned may receive judicial definition
All the Certificates of nominations"
filed in your Office are in apparent con-
formity with the law as TO form.
With single exception all the nom-
nations by petition" filed in your office
appear to conform with the statutor re-
quirements. The exception is petition
= he, of al att
for the office of tFreeholder. There is
not requirements of the statute observed
in this paper, and advise you that you
cannot legally put the county to the ex-
pense of printing ballots on this 'speti-
tion."
The petition of two hundren or more
voters who have placed Frank NJ. Pos
sett in nomination for the Office of
membeb of Assembly from the Third
district is in full compliance with all
statutory requirements, but the printing
on the tickets to be prepared, for this can
didate must not include the names Of any
candidates for offices to be filed by tn he
county at large.
The petition filed in the interest of Mr..
Porrett states that 1.-THE title of the party
which said candidate represents is the
| Republican party" A political party
known as ''rhe Republican Party" J"
which polled more than five per cent. of
| tion last November has filed Certificates
| of nomination. for all offices to
| be voted upon by the citizens of the Third
district next month and the petition :"
| for Mr.. Parrett's nomination does not
| (and can not) dispute the right of the
| ''certifienp nominee of the Republican
party to have his name printed for The
| office of Member of Assembly, on all
| tickets the names OF the Republican can
didates to be voted for by the county at
| large issued from your for use by the
voters of the Third district.
| Section SO provides. among other
| things, that nominations of each party
or group of petitioners shall be printed
| on separate tickets underneath the title
or name of the party or petitioners, MAX
| ing such nominations as designated by
| them in their certificate or petition, SO
| that all the candidates of each party or
| group of petitioners shall be and appear
| ON its own separate ticket or ballot after
| the manner and form now prevailing"
therefore advise you that, while the
ballots for Mr.. Porret must be printed
and distributed, you cannot legally print
/ thereon the name OF candidate Tor any
| office other than that of Member of As
| sembIy. Respectfully,
ALLAN L.. N1CDERMOTT.