The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-10-17
FISHER DECIDES.
The Wortendyke Petition to
Be Recognized as Simon
Pure National De-
mocracy.
ELABORATE LEGAL REASONS
Text of the Document Filed By the
County clerk-An Appeal
to Be Made.
ELABORATE LEGAL REASONS


ownership of the name of the National
Democratic party. This is the text of the
decision:-
places in nomination for member of the
House of Representatives for the Seventh
Congressional District, Allan McDermott;
for Sheriff, William Heller; for Surrogate,
James T. Lillis; for Coroner, William G.
Necker; for members of Assembly, John
W. Queen, Edward Hoos, John E. Hewitt,
Pierce j. Fleming, Carl H Ruempier,
Adolph Walter, Jr., Louis O'Leary, Horace
Allen. John j Marneil, Michael J. Bruder
and Charles T. Bauer Said petition fur
ther alleges that the title of the party
tor principle) which said candidates repre-
sent is the National Democratic Party
All of said candidates have signed writ
ten acceptance of the Office for which they
were severally named.
On October l, 1896, a written protest was
filed in this office toffe above mentioned
nominating petition, and objection was
made thereto. l. That said candidates
DO not represent the National Democratic
party 2 That they do not represent the
principles or any principle of the National
Democratic party. 3. That the candidates
are the regular nominees of the Demo-
cratic party, and as such represent the
principles of that organization, as stated
in its platform adopted at its national
convention in Chicago in the month of
July last. 4. That the party actually
represented by the candidates so placed
III HOlHlDatlOD- aQeiQ "a convention III the
city of Trenton in the month. of Septem-
Der last. and adopted principles and plat
form antagonistic to the name and prin-
ciples of the National Democratic party.
Q. That the National Democratic party,
at convention held at the city of In
dianapolis, September and 8. 1896. aban-
doned the name and repudiated the prin-
ciples of the Democratic party, and which
last named party is represented by the
candidates named in the aforesaid petit
ton. g. That the National Democratic
party is bona fide political organization
whose candidates are John NJ Palmer
for President and Simon B. Buckner for
Vice President, and that it advocates and
embodies principles opposed to the prin-
ciples of the so-called regular Democratic
party. That such National Democratic
party IS regularly constituted and or
ganized in Hudson county, in the State
ofNew Jersey, and in the United States
and Territories; and that none of the
candidates named In the said petition are
connected with it or allied to it. z That
the County Committee represented by the
objectors is the regular organiza ton of
the, National Democratic party in Hudson
county. 8. That the parties nominated
in the aforesaid petition are the nominees
Of the Democratic party. and that said
nomination by petition is an attempt TO
defraud the National Democratic party
of its right TO make nominations and
that nominees of the National Democratic
fparty viii be named for the Offices mem,
tened In the said petition. g. That the
cand dates named in the said petition rep
resent the Democratic party which has
placed in nomination as the head Of its
ticket Bryan and Sewail, and not the
National Democratic party, which has
placed at the head of its ticket Palmer
and Buckner The aforesaid protest or
objections is signed by the President of
the County Committee OF the National
Democratic party, and by the. secretary
Of such County Committee, and indivdu-
ally.
Immediately on the fling of the fore
going protest and objections the under
signed. on the second day of October.
same to all of the candidates named in
the said nominating petition.
On October 9, 1896 a nominating petit
ton, signed by Leohard ]. Gordon, Otto
Charles I. Carrick and Others was filed
In this office placing in nomination for
member Of Congress for the Seventh
dyke; for Sheriff, Alva A. Bedell; for
Surrogate, Lloyd H. Nettleton; for Cor
oner. Henry 6. Hermann; for members Of
tie, John ]; Bagley William C. Barr.
Henry A. Thomas, Daniel H. Lockwood,
Louis Frey, Joseph H. Smith, Henry Kill
ian, George H. Bell, Richard E. Gal
braith. This petition set forth that the
title Cor principle) which said candidates
represent is the National Democratic
Party, All of said candidates have
seyerally accepted the nominal ton for the
respective office for which they were
named
On October IS 1895 and after notice of
the above mentioned protest or objections
70 their nomination had been given by me
70 all of the candidates named in the
nrst mentioned petition there was fled
In this Office a certificate of nomina lion
Dy a convention of delegates or a nonli-
mating body of a political party held on
the 18th day of September, 1896 in Jersey
CITY and representing the Democratic
Party, political party which at the
he
sembly held next preceding the holding
OF the said convention polled at least two
per cent; ct the total vote cast in the
same men were named for the identical
OFFICES stated in the first of the above pc
titions, and all of these nominees have
accepted said nomination with the excaD-
ton of Allan L. McDermott nonninared
for member of the House of Representa-
tives for the Seventh Congressional dis
sI sr,ct. sad certi1eate of nomination is
ana by Charles "A. Meyer, as Secretary
OF the said convention, is sworn to nv
Dotn ofileers, and said certificate Of
nomination is endorsed as the cerftfcass
o. nomination of the Democratic Parfv,'
OF Hudson county. Same is also In tba
lorm filed in this Office by said party for
years past. oi
In view Of the foregoing facts the ouas-
ton has arisen as to whether the unSe~-
signed IN the discharge Of his official
duty as County Clerk VIII recognise AMI
print upon the oficial ballots fbe candt 1a5ii
Gates named in the first above norninafinr
petition as representing the Nationai
Democratic Party, or those candid.tas
named In the second petition herein set
forth, who claim by this second norninat-
ing petition and the protest and obiections
outlined as above and filed in
lneir behah that they only represent the
National Democratic Party. From Inc
TACT that since the notice OF the said nro
lsst ana objections was given to the par
lles lles named In the first nominating petit
ton such parties have not made anv
clalm or pretense or offered any answer
10 SAID protest or objections though
more than ten days have elapsed, and the
Iprtner fact that they have since
through their agents filed a certfficate re-
OF nomination, duly accepted in writing
py thems that they are now the norni-
nees Ior the same offices of the Demo-
cratic Party whose principles 1t is by
sucn protest and objections alleged are
opposed 70 the principles represented by
the National Democratic Party. II Woi,ldd
be inconsistent for these parties ramed
In the first nominating petition and now
seeking office by virtue of the aforessid
certificates of nomination to claim fhaf
they yet represent the principles of the
National Democratic Party II is self
evident they cannot. To acknovledee
their right by the mere filing of a noni-
mating petition TO forestall and prevent
by the assumption Of another party s
name, such other party from placing cam
cidates IN nomination would be contrary
to the purvieE and intent of the Ballot
two great parties might In the same
manner prevent the other from placing
IN noininatIou candidates by the usual
method ct convention. Tie men who