The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-04-14
DEFECTIVE BALLOT LAW
Portions of the Werts' Act
Do Not Apply to Char
ter Elections.
JUDGE LlPPIKNT'S CONSTRUCTION.
John Hopkin Loses His Vote Through
the Remissness of a Regis
try Board.

Judges Lppincott and Paxton. IN the
Court Of Common Pleas this morning,
placed construction upon the Ballot Re
form bill, which will be surprise -
many, and which viii undoubtedly lead
to the amendment OF the law. The de-
cision practically annuls Section 18Iof the
act as far as charter or municipal cleo
tious are concerned and does just what
the section sought to avert deDrives
man Of his vote In case he has not been
registered
John II. Hopken, of No. 167 jackson
avenue, an old resident of the Hill and
known TO almost every one in that section
of the Heights, went TO the Tenth Pre-
cinct polling place Of the Sixth District
this morning 10 vote. He went into rhe
booth and prepared his ballot. When he
went TO deposit it in the box he was as
tonished 70 find that he was not regis
tered. As be knew. that the house to
house canvass in his district had been
made and that he was known to the OH
GERS he mad not gone to see that bis name
was on the list
APPEALING TO THE COURTS.
OF course. his ballot was rejected, and
upon asking the Clerk why his name was
not taken in the house TO house canvass,
was told that no one answered when the
officer rang his bell
Mr. HoDken hurried over to the Court
House to get a certificate from Judge
Lippincott under that portion OF tho
Eighteenth section Of the law which
reads:-'Said Court may also order added
to said registers the name or names OF
any person who shall prove to its satis-
faction by affidavit OF afidavits or other
wise, his right to vote at the ensuing
election, but whose name, through ab-
sence, sickness, inadvertance or other
sufficient cause, has been omitted there
from"
Judge Lppencott had not reached the
Court House when Mr.. Hopken arrived
in company with Charles Roe, and SO the
two men went across the street 70 Judge
Paxton's Office TO secure the certiflcare-
The two gentlemen were greatly sur
prised when informed By Judge Paxton
that Mr.. Hopken could not vote. rs the
law he referred TO dio not apply TO charter
elections. On leaving the office they met
Alderman Salinger, who, upon learning
Of the occurrence, said be Thought that
Judge Paxton was in error, and advised
that they consult Judge Idppincott-
When Judge LipDencott came the matter
was laid before him and he agreed with
Judge Paxton. He pointed out that the
act distinctly stated -that on the Thurs
day next preceding the annual election
for members Of the General Assembly and
from day to day thereafter as may be
necessary Tue CoAIN "a CO14AA1uiA = Aof@o
shall meet" etc.
AN UNLOCKED FOR DECISION.
He further said thai whatever the in
tent of the law might be the Court must
take il as il found IL and under the cir
cumstances ne must decide that the law
only applied to election for Assembly,
men, and be could not give Mr.. Hopken
the certificate.
The decision created considerable dis
cussion about the Court House and every.
one who spoke about IL seemed surprfsed
that the law should be construed to mako
a difference between municipal and AS
sembly elections.
The election generally throughout the
city is progressing quietly. Hhere were
no crowds on the street to show where
the voting is going on. and were it not
for the signs "Board of Registry Meet
Here" II would be a hard task to find ths
polling places. The new law is being
rigidly enforced and no one is allowed
about the polls except those who have
business there. But little interest seems
TO be taken IN the contest, and that Allen
and five Democratic Aldermen will be
elected seems 10 be forgone conclusion
The election in the Second and Third
districts was very quiet this morning. An
unusually light vote is being cast.