The sun., 1893-10-31
KEMPNER DISCONCERTED.
Judge Barrett Sny. the Police hoard Prop
eriy Rejected His Certificate.

Judge Barrett Snys the Police hoard Prop
eriy Rejected His Certificate.
Justice Barrett OF the Supreme Court dis.
posed Of one Mugwump howl yesterday by de.
nyinR tho applications OF Otto Kempner and
Herman Fl. D. Klinker. Independent candi-
dates for the Assembly. for mandamuses re-
Quring the Police Commissioners to receive
their certificates OF nomination. which had
been rejected for irregularity. Judge Barrett
says that the certificates were manifestly ir-
regular. and that the Police Board acted prop
erly in rejecting them tMr. MacLean voting
mol He says:
Ny conclusion is that the nominators' oaths must be
filed with their certificates and that such oaths must
conform to tho ordinary rules which govern with
gard the due verihcaton written statements OF
fact 1t follows that the Board Of Police Com mmssion
properly performed their duty in rejecting the Ger
omptory mandamus should be denied.
These are some of Judge Barrett's remarks
Tho point involved seems at first blush to be small
other considered apparent that ii qnss.
HH ss .pSaa b. IL hs
their right to present inds pendent candidate adj and
tsssniesl an intsrpretation the statute Tpon the
OF N IS be- n
but that Taxpayers should not be burdsned with
Witch sro w,shou suIsAnSe or genuine m suppor,
Sssh are Tavsap. hs .a,. With
regard to the mum voters are required set
re 1Rs on Tia
sTs w o1 es Idle or
The language Of me statute a. bearing upon the
certificate signed and acknowledged by such voters.
ma oad Il a ~ be an
truly stated such residence.
be
os oaih s a" IN 'S me Of
pie 70 commit perjury Clearly. theretoro inc oath
"ss b fhsy h.sy DE no nSs II fT1.
II: to the ~ Are hts
he M o 9 3
ms w "ns IS %
u the Gsys =" sha GSnS' % lns S9oa rnts
laying down ~ when you'd be f.T5Sasa,ns e me
disres"rdine the pam n,snton of tic Legislature.
Judge Barrett concludes that as both Kemp
good faith. and the question raised WAS new
r., EsTaS sg d q hS bs Ssx Ro1 hs
Citizens Democracy to take care, OF them
selves. and hastened to consult with his law
next. The first result OF tho conference was u
proclamation to the voters OF the Seventh As
sembly district Whish makes Sompimentasy
TIs ,FemenapM. nnsnss q T.mmrny Hal. oyer pub
rights OF our candidate ON miserable technoality.
law my of,icnl iihcato of nomination has been
ieced action cannot interfere with your right
tn vote for my reelection.
erect OF that rulngt is to prevent the print
ing OF an Official ballot which would ave contained
my name only wOuli have been obliged. under any
to furnish every voter pa ballot
That VIII do now. and ask you TO use It. You can
rely upon take care that every vote cast for mo
10 counted,
Dom ent to tho effect mat vote for
would bs thrown away misead you Every vote for
me is legal vote. and viii help to give me majority
No law can prevent man who ms majority of votes
from being declared elected. ionrs respectfully.
OrrO kEaPSER.
P.S-This decision means that the state will not
print my ballot but that ! must pay for II myself
Every of you shall have paster ballot Elec
ton day.
Now Mr.. Kempner says he is afraid the cleo
tion Inspectors won't count his votes at all,
but the fear Is probably not violent