Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1897-11-18
Fight Against the Race Track Con-
sfifufional Amendment.

$TifuvtonaI HmenUmeuE.
Argument on the application Of ex-
Senator Edwards for recount of the ballots
rejected at the special election on the con-
stitutional amendments held on September
% was heard Tuesday morning before
Justices Van Syckle, Dixon and Collins, of
the Supreme Court, at Trenton. Mr..
Edwards was assisted by Allan L. McDer-
mott. Attorney General Grey appeared to
oppose the motion.
Mr.. McDermott began the argument
He maintained that the ballot reform or
general election law did not apply to the
special election, and that none of the bal
lots rejected should have been rejected,
except, possibly, seven double ballots.
Taking up the question of those ballots
which were marked in a way to indicate
probably that the voter meant to vote
against the anti-gambling amendment, al
though the cancellation mark did not ex-
tend over the whole amendment, he said
that there were only 80 such ballots out
of the 96l rejected. Mr.. McDermott
held that even in those 80 cases the marks
on the side and partly through the amend
ments should be accepted as indicating
an intention on the part of the voter to
vote against the amendment Mr.. Nc
Dermotts whole contention was based on
the theory that the special election law
provided that the ballots should be can.
celed with ink or pencil, without specify
ing the color, and that the general cleo
ton law about throwing out certain bal
lots as marked ballots did not apply to
the special election, He also made new
point to the effect that the constitution
provides that an amendment to be adopted
shall receive majority Of all the voters
voting therein, and he maintained that, as
1852 persons voted, it should require
majority OF that number, or 20 1877 votes to
adopt the amendment, while it received
only 70,443 He held that person whose
vote had been rejected had voted thereon
as much as the person whose vote had been
counted.
Attorney General Grey argued that the
court had no power to order recount
that the Governors proclamation decIar-
ing the amendment carried closed the
matter.
Justice Dixon made it clear that he did
not agree with this point, and asked if
the Attorney General would take the posi-
ton that the court was powerless if the
Governor had issued proclamation con-
trary to the finding of the board of can
vassers. The Attorney General said that
was not the question before the court He
cited some authorities to support his con-
tention that the matter was closed. He
next raised point that no personal rights
were invaded by the proclamation, and
that no individual could come into court
and ask for recount. FINALLY, he said,
that the ballots had been taken out of the
boxes to permit the use of the boxes at the
recent general election, and that it was easy
for INSCRIPTIONS persons in INSCRIPTIONS
localities" to have since tempered with the
ballots
Senator Edwards replied to this by say
ing that it would require corruption on the
part of an innumberable number of persons
to do what the Attorney General feared, as
the number of rejected ballots did not
average more than three in each election
precinct There were "a in one precinct
Is in another, and less than 10, and generally
only one or two, in the others
At the close of the hearing decision was
reserved
Trenton, Nov. 1S.-The application for
a recount of the anti-gambling amend
ment to the state constitution was de-
MED yesterday by Justices Van Syckel,
Dixon and Collins, of the supreme
court. The opinion holds that the mat
ter of having a recount is not matter
of individual or private concern, but
is one of public policy, and concerns
only the government. It goes on to
say that the canvass having been made
and the governors proclamation hav-
ing been issued in accordance with the
result of the canvass the matter is now
closed.