The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-03-22
BALLOTS REFUSED.
City Clerk Tells Candidate
Hoos He Will Recognize
the Term Extender.
MANDAMUs PROCEEDINGS BEGUN
Application to the Supreme Court
to Be Made Today in Trenton
by Messrs. McDermott
and DAILY.
MANDAMUs PROCEEDINGS BEGUN

on in earnest, and it may be known by
this evening whether the term extender
will apply to this springs election or
not.
This morning. Edward Hoos, the Demo-
cratic candidate for Mayor, who was
chosen the nominee at the open prima-
ries held last Thursday night, presented
himself at the office of City Clerk O'Don-
nell. He displayed his certificate of NOM
inatien and demanded that official ballots
for the April election be printed without
further delay.
An official copy of a law abolishing
spring elections has been served on me-
said the City Clerk. 'sand until I am di-
rected to do otherwise I will refuse to
order official ballots for an election on
~kRril 1S printed
VIII you accept my certificate of nom
ination?" asked Candidate Hoos.
i will not" responded the City Clerk.
While your nomination was doubtless
regularly made, cannot accept it, as
there is a law setting aside spring cleo
ton in this city and Newark
That is your final answer, Is it?'
asked Mr.. Hoos
1t is. was the reply.
There was a friendly discussion of the
situation for few moments and then
Mr.. Hoos hurried off to the office of his
counsel, Mr.. Allan L. McDermott in the
Hudson County National Bank Building.
There he made affidavit that he had filed
his certificate of nomination. had de-
znanded official ballots and had been re-
Dased Mr. McDermott began the prepar-
alton of legal documents, while City
Clerk O'Donnell was communicated with
and requested to go to Mr.. McDermott's
office.
The City Clerk rang up his counsel, Mr..
John Griffin, and together Joined Mr..
Hoos in Mr.. McDermott's Office. The
City Clerk was requested to make an af-
f1davit that he had refused to print off
cial ballots, and under instructions from
his counsel he did so. That was all that
was required of the principal performers,
Messrs Hoos and O'DonnelI, and they de-
parted.
Armed with the affidavits, Mr.. McDer-
mott started for Trenton He will be
Joined in that city by Senator DAILY, and
together the gentlemen will make appli-
cation to the Supreme Court for a man
damus compelling the City Clerk to print
the ballots requisite for municipal cleo
ton on April Is.
That Mr.. Hoos should demand official
ballots today of the City Clerk was
agreed upon at conference yesterday
between the Democratic leaders and AL
Ian L. McDer1nott. Mr.. McDermott de-
clared that he believed the term ex-
tender" unconstitutional and expressed
the opinion that the Supreme Court would
SO declare it and order an election to be
held on April 13. So confident was he
that he insisted that Mr.. Hoos should
make the demand for tickets today
The City Clerks office was crowded
with politicians when Mr.. Hoos appear
ed, and quite naturally the outcome of
the proceeding is being awaited with
keen interest
City Clerk O'Donnell said to News
reporter:-'I had nothing to do except
refuse Mr.. Hoos the ballots I have
been notified that bill has been passed
doing away with spring elections and I
consider would be exceeding my power
II / should go ahead unauthorized If
the Supreme Court directs me to print the
ballots | will do SO unhesitatingly, but I
cannot consistently proceed without such
an order. / am as much interested as
outsiders in the outcome of this situation.
but / could hardly be expected to shoul-
der all the responsibility individually. I
will follow the law and directions of the
Court to the letter. l will do nothing
on my own hook
Democrats are entirely satisfied with
the course the City Clerk has pursued
Republicans who were jubilant last week
9 are very downcast today, and are specu-
lating as to what the outcome will be-
There are not a few who, feel that the
term extender is unconstitutional and
that 1t is going to be upset by the Su-
preme Court. They are consequently urg-
ing the party leaders to get in shape for
an election.
Mayor Wanser, when told of the oc-
currence in the City Clerks Office, only
smiled. He declines to discuss the situa-
tion. His secretary. John Nevin. did not
seem at all worried. He would not dis
cuss the subject, however. Democrats
are are happy and believe that an election
Robert Davis, the Democratic leader
deciined this morning to discuss the sub
9ect. he sald the case was in competent
hands and If the Courts say go ahead
the Democrats are prepared to make the
fight of their lives. special meeting
Of the Board of Aldermen has been called
for tomorrow evening, and upon the re-
suit of Mr. McDermott's errand before
the Supreme Court today will largely de-
pend ppon what action the Board will
take. The City Committee is to meet
Friday evening.
Judge Hudspeth made an announce
+ ment in the Common Pleas Court this
morning that he proposes to recognize
the law doing away with spring elections
s Alderman Warrin of the Fourth ward
brought a candidate for citizenship up to
the Court to be naturalized. The Judge
was In his. private Office and when word
was sent in to him that a candidate for
naturalization was waiting outside he
sent word out that the candidate was
too late as the thirty days limit before
election, hxed by the naturalization law.
Is up, Judge Hudspeth was then in
formed that the man is resident of
Jersey City and that under the new law
there is to be no election here until No
vember. The Judge said that the man S
residence in Jersey City altered the case,
and he Would give him his papers The
Judge also announced that naturalization
Of eitizens will continue until thirty days
before the November election.
ARRAIGMENTS IN COURT.