The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1897-10-27
BALLOT BOXES OPENED.

T,ea'on Stan Gazcftc:
The confusion concerning ballot
boxes for the election that Is TO be held
on Tuesday next, that is being expert
eneed in other counties in the State,
has had no place in Mercer or Tren-
ton.
Section BOG Of the Ballot Reform law
provides: ''When an election is over
the ballots and other papers shall be
deposited III boxes, which shall be
sealed and Immediately taken to the
office of the City Clerk, who shall keep
the same, and who shall not open said
boxes, nor permit them to be opened,
fer II space of three months after the
same have been deposited with him,
except when he shall he called upon
by some court authorized to try the
merits of such election ; provided, that
when any special election is to he held
within three months after the said
ballot boxes are 80 deposited with the
City Clerk, the Circuit Court Judge
may direct the contents Of the boxes
to lie removed and preserved, and the
boxes themselves TO he used at the
election.
As the boxes used Mt the special cleo
ton ON September 2sth last are need
cd to use on Tuesday next, some of the
CITY clerks thought it was necessary
for some action to be taken in order to
secure authority for the opening of the
boxes and the distribution of the bal
lets found iii them.
According to some legal authorities,
there is no need of any legal action,
and this Is the view taken by City
Clerk Murray, who has carefully re
moved and preserved the contents of
the city boxes and is having them put
in readiness for Tuesdays election
Some of the city clerks. however, have
taken the stand that the boxes shall
not be opened in violation of the sect
ion quoted above, unless an order to
open them is received from the Court.
Ex-Judge Noonan, of Hudson, ON
Saturday made an application to Judge
Iippincott for an order authorizing
the City Clerk to take the ballots out
of Bayonne The Justice said that
although the statute literally author
lied the opening of the boxes only
for II special election, when it is to be
held within three months after gen
eral election, that the court would
construe the statute to mean not only
what it SAYS but also conversely, when
the special election was held within
three months anterior to the general
election, as in the case under consid-
Grafton.
Judge Lippincott suggested that an
application be made to him by the
City Solicitor, when he would make
an order directing the boxes to be
opened and used for the general elect
ion. In the townships of Mercer no
confusion is reported. At the County
Clerk y Office yesterday it was said
that the election officers would pro
hahly open the boxes and remove the
contents and use the boxes for Tues
days election.
Justice Van Syckel yesterday made
an order i'll the Supreme Court com
pelling Election Boards Of the yari-
ous election districts and the Town
ship Clerks of Union county to surren-
der the keys of the ballot-boXes used
mt the special election to the Clerk of
the Board of Freeholders of the
county. The Clerk is instructed by
the order 10 open and remove the con
tents of the boxes and to safely pre-
serve them until the further order of
the court.