New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-08
THE NEWARK ELECTION CASES.
THE REPUBLICAN PROTESTS ovERRULED on
TECHNICAL GRoUND5-DIsAPPoISTME

THE NfPUBlIChN fhOlE-SE. w w
TECHNICAL GRoUND5-DIsAPPoISTME
OVER THE DECISIONS
Trenton Dec 7 (specaD.-In the Supreme Court TO-
day Justice Dixon handed down decisions In the con-
tested election cases OF Herman Z. Lehlbach tRep)
against Joseph f. Haynes (Dem.), for the Office OF
Mayor of Newark. The decisions are against LEM
bach on legal poin.s under the election laws. inc
opinions are long and hold that MI Lehipach
has failed to show statutory grounds 10 warrant INC
ordering OF a contest and consequently the Circuit
Court al Newark Is advised to dismiss the suit ohe
petition submitted TO the Circuit Court. and fortied ~
afdavits showing fraud and corruption asked for an
investigation Of the Mayoralty election, and aho'her
petition signed by leading citizens. asked for re-
count The matter referred by Circuit Judge
Depue, to the supreme Court, which has now oecded
against both petitions on statutory grounds.
In the decision rendered by the Court the question
raised nv the Democratic lawyers in opposition TO an
investigation and recount, namely that the case was
not within the statutes, is considered. the Cour'
holds that the allegations made by the petitioners are
too vague that the statements made are ihsumcieh'
and do not show that what alleged could have
changed the result that there was nothing 10 ndicate
how the fraudulent voters had vo'ed, Without WHICH
showing the Court could not say that these Illegal
votes were sufficient TO change ihe result AS 'he
Court understood the statutes II was not merely neees-
sary TO show that the plurality declared for the H.
l
he was the person legally elected. Unless the peu-
lion stated circumstances which prma face renderci
this conclusion probable, 1t id not present case
within the law
aThe difficulty said the Court. springs rom the
terms of the statute accordance with which We must
proceed I'm this statutory Investigation The court
adds: Elm my judgment, the petition falls to set
forth with reasonable particularly circumstances
Icent TO render probable any statutory grouhus ol
contest and therefore the Circuit Court should DC
advised to dismiss the same" The first pepuon was
filed under the statute Of 1876, ana the second unue
the VERT ballot Of 1870. The latter vas 0rdered
dismissed the Court holding that by the lwent'
Section OF the Supplement TO the law, the toNns,
election districts and voting precincts are syhohyous
and denote the territory within when thefe Is
polling place.
The action OF the Court was received with great
surprise in Newark yesterday, and disappointment
and chagrn were expressed that the Investigation ana
recount should have been defeated on technical grounds
Notwithstanding the numerous adavlts submitted and
the proofs in the hands OF the Republican managers
showing the fraudulent character Of the election To-
day I'm accordance with the instructions Of the Supreme
Court, Judge Depue in the Circuit Court here VIII
call I'D the election and dismiss them; thus
putting an end to the election contest. 1t is not
known what further action Will be taken by the re
publican lawyers, but the statutory time Tor con-
test has expired proceedings of the same character
cannot be begun