Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-11-16
Efforts of the Race Track Men In
New Jersey.
WANT A RECOUNT OF BALLOTS
Votes Against Anti : Gambling
Amendment Thrown Out.
II E AIRING IN COU r Z

| TRENTON. n. j., November 16.-The ar
gLment for a recount of the rejected bal
| lots Of the special election held in Septem-
Der for amendments to the constitution
was concluded today before Justices Van
Sickel. Dixon and Collins.
The court took the papers and reserved
decision.
| Ex-senator VIM. D. Edwards of Hudson
county late yesterday afternoon made ap-
piication to Justices Van Sickel, Dixon and
Collins Of the supreme court for recount
of the ballots cast for and against the
amendment to the constitution prohibiting
race track betting at the special election.
September %. Mr.. Edwards asked for a
rule to show cause why a mandamus
should not be issued directing the election
officers of about three hundred election
precincts in the state to recount the bal
| lots and to count those which were re-
jected.
Mr.. Edwards stated that the anti-gam-
bling amendment had been carried by SO2
votes. but he had reason to believe that
nearly, ii not ALL of the 961 rejected bal
| lots were against the amendment, and Ii
counted would change the result He then
explained how these ballots had been re-
jected by the election officers under a mis-
apprehension of the law. The ballots had
teen thrown out because they came under
| the OSiJltlOn Oh UdTkeu DdlOIS III IQ6 S6Il-
eral election law. The law providing for
the special election had nothing in it about
marked ballots, and nothing preventing the
use of pencil or ink of other color than
black in marking the tickets. He contend
ed that 1t was clearly the intention of the
voter in the case of the marking of the bal
lots thrown out to make them against the
amendment.
Justice Van syckel asked Mr.. Edwards
how he expected to bring the matter up
now that the governors proclamation had
been issued declaring the amendment a
| part of the Constitution. Mr.. Edwards
said that the Constitution provided that an
amendment to be carried should receive a
majority of the votes, and that 1t was not
within the power of the governor or the
legislature by any law to defeat this con-
stitutional provision. Justice Dixon SEEM
| ed to coincide with Senator Edwards on
| this point
| The hearing was continued until this
morning, when the Attorney General was
notified to appear on behalf of the state.
Ex-senator Edwards was assisted this
morning by Allan McDermott, and Attor-
ney General Grey appeared on behalf of the
state. The latter opposed the granting of
made the point that the matter was closed
with the issuing of the governors procla-
nation, and that the court was powerless
| to interfere. He held, also. that no per-
| sonal rights were invaded and that tho
prosecutors had no standing in court. He
said that it would be bad policy to open the
question at this time, the ballots had
been taken out of the boxes and could
easily have been tempered with since.
Mr.. McDermott argued that the court
had the power to interfere and enforce the
constitutional provision that a majority
should rule in the matter of election. He
also raised new point that according to
| the constitutional provision amendment
to be adopted must be accepted by a
| majority of those voting thereon. and that
| the amendment was rejected on the face
Of the returns. Including the number of
rejected ballots, the vote returned in favor
| of the amendments was less than MAORI
/ ty of all those voting.