The Jamesburg record., 1897-11-20
RIG LEGAL CONTROVERSY.
The Anti Racetrack Amendment the Point
at Issue.

The fight 10 OVerJDToW Iue apparent
rpsult of the special Constitutional elec-
tion is now fairly begun, and it promises
+o he one of the bitterest legal battles ever
foupht in New Jersey. Arrayed as coun-
sci on the side of the opponents of the
anti.gambiing amendment are William
n Edwards and Allen l.. McDermott.
while Attorney General Grey, Frank
w. Bergen and VIM. M. Lanning are
striviug to maintain the amendments.
An application was made on Tuesday
before the Supreme Court for a manda-
mus to compel recount of the ballots.
Mr.. McDermott opened the argument
m hebalf of the applicants for manda-
mus. He first pointed out that the anti
gambling amendment was only carried
bv q majority of sol of the votes counted,
while there were 961 ballots rejected.
He held that at most not more than
ballots should have been throw out, and
these because they were double. Thirty
more. he said, were marked in a manner
TO indicate the probable intention of the
voter to vote against the amendment,
while in the case of the remainder it was
the obvious intent so to vote. All these,
he contended, should have been counted.
irrespective of the character of the marks
used in cancellation, as the special elec.
ton did not come within the scope of
the general election law pertaining to
"marked ballots" in the special election
law. He showed that the total vote as
contained in the report of the State
Board of Canvassers was 141 ,672. A
majority of this would be 70,837, while
there were only 20, ,443 votes for the adop.
ton of the amendment or 394 short of
majority.
Article of the Constitution, pro-
yGing for amending the Constitution
contains this clause land if the people
at special election to be held for that
purpose only shall approve and ratify
such amendment or amendments, or any
of them, by a majority of the electors
qualified to vote for members of the Leg
isiature votiLg thereon such amendment
4 or amendments so approved and ratified
Il shall become part of the constitution"
4 While the anti-gambling amendment
had majority of the votes actually
counted, Mr.. McDermott held that this
4 does not meet the constitutional require
ment of article 9, which refers to votes
cast by qualified voters.
Attorney General Grey. in opposing the
application held that the Governors
proclamation making the amendment a
Il part Of the Constitution having been
Il passed, the Courts were powerless to go
behind this, or in any way to interfere
with the result of the election.
The Court, however, showed plainly
that they resented any such implication
as would restrict their powers, and JUS
tlce Dixon asked the Attorney General
pontedly what would be the power of
the Court in case the Governor had is
sued bis proclamation contrary to the
result of the election, as shown by the
State Board of Canvassers.
Mr.. Grey replied that this was not the
81 point at issue. He continued that no
*& r-~N'Ni AIS hCS hdu UCSu III HFauou ny tbC
issuing Of the proclamation, and that as
Consequence no individual could obtain
81 recount. AS another obstacle in the
way OF a recount he pointed out that the
special election ballots had been removed
rom the boxes, which were used at the
regular election, and that it would be
very easy for "unscrupulous persons" in
INSCRIPTIONS localities'' to have tam
pered with the ballots.
al Mr. Edwards held that this would re-
quire corruption on the part of large
81 humber of persons to affect the result, as
ID most of the districts in which re-
count Is asked there are two or three
81 rejected ballots
justices Van Syckel. Dixon and Col
ins' OF the Supreme Court, on Wednes-
uay denied the application for recount
'the votes. In the opinion no view is
expressed as to the power of the court to
oluef recount. 1t is held, however,
mat The matter of having recount is
io' matter of private or individual con-
00i"' ous is one of public policy, and
,oncerns only the government. This
0"us TO the conclusion that the appli-
o'n's nave no standing in court. The
piuioh goes on to say that the matter