The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-10-26
FISHER SUSTAINED.
Judge Lippincott Refuses
to Reverse His Decision
Regarding the Off
cial Ballots.
WORTRNDYKE TICKET TO STAY
The MeDermott Petitioners to
Receive No Recognition
Whatever.
ELABORATE OPINION DRAFTED
Nandamus Sought to Compel the
Issue of Tickets, Merely to
Test the Issue for
Future Guidance.

Judge Lippincott rendered a decision
this morning in the contest for the official
ballots to be printed in the name of the
National Democratic party In very
| elaborate opinion he reviewed the entire
subject, winding up with a refusal to in
terfere with the decision of County Clerk
Fisher to give the official ballots TO the
National Democratic party headed by
Rynier j. Wortendyke for Congress. He
also refused to direct the County Clerk to
issue official ballots to the candidates
named in the petition filed in the name Of
the National Democratic party with Allan
L. McDernott for Congress and the regll-
lar Democratic candidates for the other
Offices
Mir. McDernlott Immediately applied for
rule to show cause why a writ of man
damus should not issue requiring the
County Clerk to print official ballots for
his ticket. He said he had no expectation
that the question could be determined in
time for the coming election, but he de-
slfed Ite nave 1t settled as guide for the
lulure. The rule was granted.
AL the legal luminaries who have been
engaged in the case were present when
yustice Lippincott began at 1920 to read
MS opinion, Lawyers Allan L. McDernott
ana William ID. Edwards on one side and
Otte Grouse, George l.. Record and Rynier
J.: Wortendyke on the other. A number
OF other lawyers, laymen and politicians
Listened atentively to the opinion. The
CLOCK was just striking twelve when Jus
tice Lippincott laid down his manuscript
G3mus.
He began by saying that there is moth
ing in the statutes which presents a guide
as 10 how a determination should be
i'eacned III the case, nothing to direct a
Judge as to what he should do. He corr
Ilned himself 10 the records in the Office
OF the County Clerk and to the raw as
he found it He then gave AN exha1Isgtivta
resume of the political occurrences from
tfDe time of the Chicago Convention tine
bolt of the delegates who refused TO sup
pGrt the platform and the candidates, and
the subsequent organization of the Ma
t 'oflal Democratic Panty in the nation
State and county. In his opinion the men
composing THAT party had dome everything
that was necessary TO entitle them to re-
cogn1e4os as regularly organized polIti-
cal body They-hav national, State and
County committees
1t was his belief that the filing of the
first petition On September 26 IN the name
of the National Democratic Party and
With one exception containing the names
CT the regular Democratic candidates for
the local offices was dome for the purpose
of excluding the regular National Demo
cratic Party from getting official ballots
for their candidates. If that was mot the
case why should the fling of their accept
apaa of the Regular Democratic ronlfrla-
nomination at the primaries and subse-
quent endorsement by the County Com
mfttee was all that was necessary.
"A nomination is not completed said
Mr.. McDermott. 4'until the candidate ac-
cepts it. You cannot force a man to run
for am office against his will"
Justice Lippincott said it would be abb
normal to nominate candidate on the
ticket Of party to whose principles he
is antagonistic AS the National Demo-
cratic party is only recently organized it
,.o111
No other party could file a petition with
the Secretary of State nominating the
same or other candidates in the name of
the National Democratic party. The petl-
ton filed with the County Clerk ON Sep
tember 26 contained the names OF Cam
didates who had presumably already ac-
cepted the nomination of the regular
Democratic party Their acceptance was
not filed until October Is, but that was
not because of any doubt that they would
accept that nomination. They had not
declined it. 1t must be presumed there
fore that they are the regular Democratic
candidates and adherentS and representa-
tives of the Democratic party. The Ma
tional Democratic party, regularly or
petition with the County Clerk on October
with entirely different candidates No
objection was fled to them and the
County Clerk decided to give them the
Official ballots. Justice Lippincott could
not see what he could do
Mr.. McDermott suggested that If he
could recognize judicially the party
which had its origin at Indianapolis as
one of the regularly organized parties
then he could direct the County Clerk
as in the case of a split in regular party |
to furnish each faction with official bal
lots.
Justice Lippincott repeated that the con-
clllsfon is irresistible that the petition |
bearing the names Of the regular Demo-
cratic candidates was filed for the pur-
pose of excluding the other candidates.
The day before the petition was filed
they had been nominated by party
whose principles are entirely antagon-
istic to the principles of the
National Democratic Party 1t looks as
II they want to mix themselves up with
would not decide that that could not be
done IN conformity with the law. but If
it could there is no reason why this ticket
could not be attached to the ticket of
any other existing party. The question
must be decided in manner to do Justice
to everybody. In the opinion of the
the names of the electors The decision
of the County Clerk must be upheld. /
Pastors can be used or a ticket can be
scratched to suit the views of a voter
Mr.. McDermott said that under the law
there might be two regular Democratic
tickets, or two Republican tickets, or two
two tickets of the National Democratic
Party. The. Court should preserve the
rights of all parties and that is what
the County Clerk should have done
Mr.. Edwards said it was the duty Of
the Court to point out to the County
Cler~- the proper way of correcting his
errs<s that is by printing both tickets
und suitable designation to distin-
guish one from the other
Their ticket has been printed, ex-
claimed Mr.. Grouse
That Is not true, and you know it is
not true" said Mr. McDermott
Well, If they're not printed today they
viii be tomorrow said Mr.. Grouse.
That's different, remarked Mr. Ed
wards. What do you want to lie Just
for one day for?''
Justice Iippincott said he could not see
how that ticket could be printed.
Mr.. MeDermott said they could be
printed with some distinguishing designa.-
tion. There Is no condition of law he
continued. under which the County Clerk