New-York tribune., 1893-10-31
KEMPxER MUST PRINT HIS OWN TICKETS
JUDGE BARRETT UPHOLDs TIE DECISION oF
THE POLICE COMMISSIONERS REGARDING
HIS CANDIDACY AND THAT OF

HIS CANDIDACY AND IIiNI or
H. H. y. KLINKER.
Justice Barrett. in the Supreme Court mas ie'u'e'
TO compel the Police Commissioners 10 p''', '','- -
cai ballots for otto Kempner and Heffha" H. ~
Klinker. who independent cahu'ua'es 'o'
members of the Assembly. The COMMISSIONER ;
refused 20 accept the certificates OF ho''''"o'' Vi
these two the ground that ''e "o
had not made afidavts in regular Io'" " III .,'e
fact that they had nominated the '"o "e"
names of the nominators appeared III 'he 'e'""
cate: they appeared before notary ana 'he notary
certified to their signatures. In ad'i'o" ~ ''''a
the nominators should have made an ainuaVit
before the notary that they were the ho'''''"'o''
and were voters and had in fact maze '"e "o'''','
tion. This acknowledgment they ana 'o' nan
For this reason Judge Barrett decides as'"'' '''e
candidates Judge Barretts opinion Is important
as a precedent for the methods OF hahi"s sum
nominations In the future In part IL reaus DIS
follows
The point here involved at first blush 70 o.
small one But when the effect Of ruling one way or
the other Is considered 1t becomes apparent A"' Wv
question is quite important ii Is ior '.,"'
portant that citizens should be facl'tatcd III ''e ''c
Of their right to present Independent ea"u'ua'c anu ,'
they should not be ob-tructcd by too narrow or 'c"'
Interpretation OF the statute . .
rpon the other hand it is equally important '"'t
expenditures OF public moneys should be Kep' "'''N,
bounds and that taxpayers should not DE p"ruo VIZ
tho oxpensc Of printing ballots for canddace' "hch are
without substance genuine support. 'h'Vhs "'' paw,
upon mere frivolous candidates. by the p'"''''"' " w
statute with regard TO the number of voters VIM ' "
ou,od N So, the machucry OF independent nominations III
mo,ion rb. requirements Of the statntc Oh thiN had
sbon,d he strictly complied with else the '"'"S "Po'
idle or unsub-anal candidates. at once break uo""
rho Language OF tho bearing upon the present
ouetion s that the nominations shall be made by Ger.
tInca.c signed and acknowlcdgcf by such 'o'crH ' "
whom shall add TO his Signature his place o rc'lu'' ana
make oath that he is such voter ana has truly "' '
residence. , >, ,,
no easy enough b. procur" signatures 10 c'l'"''c ~
-. ~ ont, .,l inns ayade the statute. Tho dih'cul'y
would be in inducing lsg. number OF r"oi" 10 COMMIT
nerjury Clearly. therefor" the oath Snou'' U ,,
demanded both form and substance lo' "'' .'
possible question as to us "''q"''s " aaa v,,n
nominator IN case his statements d. "
right untrue. " .,. mus,
My conclusion then. is that the nomin''of' o""'' "D
ho 0eA with the certificates and that such oatn' huS %
form 70 the ordinary rules which govern VIVA 'oN " WV
dac ,cri1cation II written statements oi i'''
7, follows that the Board Police commissioners
rropcrly performed their tuty in rejecting the
in question and that :hc motions ioI pci'"pS ',',
mus should be denied. A. The good ia''n o' Wv ', ,
,ants is undoubtcd and As the question l. d" "'" WV
denial should b, without costs; ,, candidate for
Otto kempncr the anIT"mnlaamb Wit, mnssembly District
undsmayei by the decision of Julge barret art
''rhe adverse decision 81 tns tn not discouraged
me l' in the Slightest fact could rnnGdunSeS n9 n1c
planned anything which coul1 hiattior hattei 81 jmJea
to nv hencdt so effectively as this decislon :" -,
Barrett The moral support which has %g" Tam
me- from the beginning of the nght asalllst "'
many Hall and the boss In ro, -Four 70 To-
Strengthened and my chances OF win''''T T5hre are
dav Greater than they were yesterday. I"Viv
some voters in the district who have been Iiu'iSSa ,S
on 10 warm support of my canniuac! Ds Dsy,,c"J
o,,,,ude Of the court than they would nave eNlhc'
70 had heen successful in my request ior an Of
acia, haIIot Popular resentment IN INC II.tilct
AGAINST Tammany Hall has been uou,sIcu ot ~ "a
white heat and many voters VINO couba ha,a ~ hoon
reached from the campaign platform haNe ,i p''ii
IMPRESSED by the decision and are now cpms,C s,hc
~ the truth Of the oft preached arbl'raiy H'thuiH
~ Tammanv and its omnipotent boss Inc p1oPII,,
now have a fight hand which Is personal. p2 ~
his own individual rights are questionel ana ~ az
tackled and thos, who hsve ,dath n,rhc,'o
VIVA, win you DO nov hst ner You haye 1yss pen asEe m
..Jhere is ONLY one thing to be done. ne repllcd
..The time-limit for getting the official pallot p}
onn,y,ng for IL In the required form has eXpirHi.
ana we will rely on pastor ballots ana have n our
vafchers al the polls and insist on our votes DtinH
~n,ntad This IL ali we can Do. We are In TO win,
and | have no fear Of the ultimate result